case crocker against Kelsey Hilary term James roll a lease for year make by  joint tenant in tail subsequent to a fine levy by the issue in tail be good  notwithstanding the ancient rend be not reserve pursuant to Henry c S SC W  Jones SC Hutton SC bridge SC roll Rep SC roll Abr SC old bendl Hargrave S    light b notorious facts   hob side cro Elizabeth dougl husband and wife tenant  in special tail by conveyance from the husband during the coverture the issue  in tail after the death of his father levy to the use of himself in fee after  which the mother tenant in tail make a lease for year the lease be good during  the term against the conusee of the fine unless the issue fail hob Yelv   cro  car roll Rep Com dig Bac ab Bac ab a lease for twentyone year make by a  jointress tenant in tail be not a alienation of the estate within Henry c  ejectment in the king bench upon a special verdict the case be John m and his  wife be tenant in tail remainder to the heir of the husband by a conveyance  make by the husband during the coverture the husband have issue a son and die  the son in the life of his mother levy a fine to the use of himself and his  heir the wife let we the land for twentyone year without reserve the ancient  rend and afterward die the son have issue a daughter and devise the land to  the defendant and whether this be a good lease to bind the devisee of the son  after the death of the wife be the question and adjudge for the plaintiff that  it be a good lease note this case begin in the James but adjudge in car by all  the court after diverse argument at the bar note afterward in car a writ of  error be bring upon this judgement in the exchequerchamber and the error  assign in the judgement in matter of law and no other error it be argue by  mason for the plaintiff Yin the writ of error and by Damport sergeant for the  defendant the principal reason insist upon by the plaintiff in the writ of  error be because by the fine with proclamation by the son the estatetail be  dock and bar and when the wife die the estatetail be not in be but determine  and therefore compare it to Austens case a walsingham case b and sir George  brown case c and cite the case of Godfrey v Paston d where a tenant in tail  have issue a son and a daughter and the son levy a fine with proclamation and  die without issue in the life of his father and it be adjudge that it be not  any bar to the daughter who claim the estatetail after the death of her father  because she need not make any descent or conveyance by her brother who be dead  without issue in the life of her father and she claim immediate from the  father this fine can not bar or determine her estate but here he who levy this  fine do not survive the mother and therefore the daughter shall not be bar to  claim the estatetail then when the mother die the estatetail be determine as  to her and the daughter be in in a remainder in fee and so shall avoid the  lease croak throw but all the justice and baron agree that although by the  fine the estatetail be bar quoad he who levy it and his issue yet it be nit  determine in rei in point of fact and all stranger may say that it be in be  and the wife who be mother to the issue remain always tenant in tail and when  she make the lease for year be it with the ancient rend or not yet it be a  good lease and shall bind all person and so it be resolve in the case of York  v Sparhams that such a lease by the wife shall bind a dyer b Plowden c   a d  in the common plea Michaelmas term James roll croak James er p but whereas it  be object that this lease for year be a alienation within the statute of Henry  c for the wife be jointress by the act of the husband therefore the issue by  reason of the estatetail shall avoid this lease as it be hold in sir George  brown case a the justice and baron hold that it be without question for be but  a ordinary lease for twentyone year it can be say to be a alienation of the  estate but if she have accept a fine and regranted it for or year to change  the inheritance that peradventure may have be within the statute but as the  case be it be without question wherefore the judgement be affirm michaelmas  term James in the common plea sir Henry Hobart Knt chief justice sir Humphrey  winch Knt sir Richard Hutton Kilt sir Francis Harvey Knt justice sir Thomas  Coventry Knt attorney general sir Robert heath Knt solicitor general