Cholmley v Hanmer SC cite send for SC more roll Rep sand sand Mod will ld raym  ld raym dougl burr atk salk salk ves Inst b two r Q f three n sheep touch wood  Conv wood wood Bl Com Cru dig two v pale yellow use n Fearne press Watk Conv n  Bart Prec n I Fonbl Tr Eq press be d edit press Conv press Conv press stand at  a distance Wynn bravo Sugd vend that edit wood Opin Em law vin Abr devise l pl  dower g pl estate TT pl grant p pl possession a pl possibility a pl c pl  prerog Q pl recovery common g pl z pl remainder l pl t pl reservation f pl use  pl I Com dig condition estate b b grant g rend b Bac Abr bargain and sale b  fraud c three prerogative e f v remainder c g v h rend c tenure c see the note  and reference infra a tenant in tail remainder to b in tail b by indenture  enrol in consideration of a sum of money bargain and sell the land and his  estate right title c to c during the life of a remainder to the queen her heir  and successor upon condition a suffer a recovery the condition be perform  afterward the queen by letter patent recite that the say grant and remainder  to her be by fraud and covin c prout we satis to be fluid grant her remainder  to a in fee hold saint that the remainder limit to the queen be void because  first there be no particular estate the grant to c be void since it can never  take effect in possession a have a estate tail which be not subject to  forfeiture and his entry into religion which be a foreign possibility and  against law can be presume second the law will never adjudge a grant good by  reason of a possibility which be against law and three b have grant all his  estate nothing remain to limit over to the queen and that admit the remainder  to the queen to be good yet the recovery bar the estate of the tenant for life  in remainder and the condition also during his life it not be within the h c  and the performance of the condition will not have defeat the queen remainder  because the condition during the life of c be discharge and he who enter for  breach of a condition ought to be seize in his former estate and though the  remainder pass by bargain and sale and the condition be that upon payment of  money the estate shall cease and be void and also be of a thing lie in grant  yet the estate shall not be revested without claim for a estate of freehold  can be determine without entry or claim and the claim in this case be  insufficient for a claim of a remainder by force of a condition ought to be  make upon the land with respect to the letter patent hold saint that although  a false recital of a thing in a patent which sound to the king benefit avoid  the grant yet a false recital of a thing in pais execute and not material do  not hurt and a false recital of a thing which need not be aver be not material  rd a recital which be true in term be sufficient a grant of a reversion during  the life of tenant in tail or arremainder limit to one for the life of tenant  for life be good a remainder ought to take effect in possession when the  particular estate end a possibility upon which a remainder may be limit must  be a common possibility coke report b er p and potenia relative as death die  without issue coverture c a remainder to a corporation not in be at the time  of the limitation be void though it be create during the particular estate a  lease for life remainder to the right heir of I S be good otherwise if at the  time of the limitation there be no such person as I S though he be afterward  bear and die so a remainder limit by a general description as to the right  heir of I S who be alive or the old son of b be good by if limit by a  particular name to a person not in be on a grant by tenant in tail of all his  estate nothing remain in he tenant in tail can convey a estate which be not to  take effect till after his death in general as the king take by matter of  record his estate can be divest without office or matter of record but no  office or to point out de law be necessary to divest a estate in the king  which depend on the estate of another a recovery or reentry by one have title  against tenant for life defeat a remainder in the king by if the recovery be  by feign title a estate vest in the king may be defeat by force of a condition  by act of law I without office where a estate may be divest out of a common  person and vest in another without action entry or claim it shall be divest  our of the king without petition or to point out de law et e turning a  limitation may determine a estate without entry or claim otherwise of a  condition a rend new create on condition may cease without entrysecus as to a  rend in be a rend may be reserve upon a bargain and sale in fee a distress on  the land after breach of a condition amount to a claim of the seignory to  which it be annex sir Hugh Cholmley debtor to the queen a bring a action of  trespass in the exchequer against Randal Hanmer and other quare enclosed space  to break in pieces in Bettifield in the county of flint quo minus c and upon  notguilty plead the jury give a special verdict to this effect Thomas Holford  have issue two son Christopher the elder and George his young son Christopher  have issue mary wife of the say sir Hugh Cholmley now plaintiff and that the  say Thomas Holford be seize in fee of the land in question among other and he  and jane his wife and Christopher their elder son do levy a fine of the say  land Elizabeth to John warren and Thomas Stanley c to the use of the say  Thomas Holford for life and afterward to the use of the say Christopher and  the heir male of his body and afterward to the use of the say George and to  the heir male of his body c and afterward to the use of the right heir of the  say Thomas and afterward that be to say in September Elizabeth the say Thomas  Holford die d January Elizabeth the say George by indenture between he and  John warren enrol within six month in the chancery b for bargain and sell the  tenement aforesaid and all his estate right title and interest in they to the  say John warren to have and to hold the tenement aforesaid and all his estate  right title and interest in they to the say John warren for the life of the  say Christopher and after his death the remainder to the queen her heir and  successor for ever upon coke Report50b condition that the estate shall be void  upon tender of at the chapel of the roll to the say warren or to the queen her  heir or successor of Mars Elizabeth the say Christopher do feoff sir Hugh  Cholmley the plaintiff father and other to the use of they and their heir and  April Elizabeth at the great session hold within the say county of flint a  common recovery be bad against the say feoff who vouch to warranty the say  Christopher who vouch over the common a vouchee and execution be have accord  which be to the use of Christopher a ed his heir and afterward that be to say  saint November Elizabeth George Holford tender to warren at the chapel of the  roll which he receive after which tender the queen by her letter  patent bearing date December Elizabeth recite the grant make by the a as to  the use of this allegation ante Pt I p a n b ED b ante Pt I p a n u ED a   a    light b coke report a er p say George Holford to warren the remainder toher  upon the condition aforesaid and that the say grant and remainder to her be by  fraud and covin c prout we satis to be fluid the queen ex certan knowledge  mero movement grant the remainder which she have in the tenement aforesaid to  the say Christopher in fee and afterward that December Elizabeth George  Holford by indenture deliver at Westminster and enrol within six month in the  chancery bargain and sell to John Bruin the tenement aforesaid to have and to  hold for the term of Christopher life the remainder to the queen in fee upon  condition to cease upon tender of S at saint Dunstan church c to which grant  that December Elizabeth Bruin agree and afterward that February Elizabeth  another recovery with b double voucher in which the say Christopher be vouch  again be suffer which recovery be to the use of the say Christopher and his  heir year Elizabeth Christopher die without issue male that January Elizabeth  George pay the S to Bruin accord to the say condition which be find by  inquisition find by virtue of a commission under the great seal of England  upon which the say George show his title to the court and upon show ii right  it be award quod manus owner queen to move away and thereupon the defendant by  the commandment of the say George enter upon the plaintiff who claim in the  right of his wife whereupon the plaintiff bring his action of trespass and  whether the entry of the say George be lawful or not be the question and after  many argument at the bar the case be argue at the bench by Ewens clark and  periam chief baron and it be unanimous agree by they that the entry of George  Holford be not lawful wherefore judgement coke Report51a be give for the  plaintiff and in this case diverse point be unanimous resolve by the court  saint that the remainder limit to the queen after the death of Christopher be  void for three reason d because warren who be party to the first indenture  take nothing and by consequence the queen who be not party to the indenture  but name by way of remainder a after the habendum the particular estate be  void shall take nothing for the estate which be limit to warren be for the  life of Christopher and as to this point the case be such Christopher be  tenant in tail the remainder to George in tail George by deed indent and enrol  do bargain and sell his remainder to warren for the life of Christopher this  grant be void because it can never take effect in possession nor can the  grantee ever have any benefit thereof and therefore a difference b be take  between such grant of a reversion and the say grant of a remainder for the  grant of a c reversion during the life of a tenant in tail be good because he  shall have the d service which the tenant in tail ought to do during the life  of the tenant in tail c but such grant of a remainder can never to any purpose  take effect and therefore it be void moreover a manifest difference appear  between this case at bar and a e lease to Christopher for his life the  remainder to another for the life of Christopher for by possibility the  remainder may take effect sure if the tenant for life make a feoff in fee or  commit any forfeiture he in the remainder may enter for the forfeiture d and  that be prove by b   light a   light a b b Cr James Poph wood Conv b Yelv see  salk wood Conv c   b wood Conv press Conv d Yelv l Com Plowd salk wood Conv  press Conv vin Abr devise pound c if a have a remainder in tail with reversion  in fee devise to one son in tail remainder to the other in fee this be good  because it alter the tenure badger v Lloyd salk ED sand light sect e Plowd a  more winch   light d er f n b vin Abr remainder t pl and see d infra and the  book there cite and edit d see Fearn Duncomb v Duncomb lev sand coke report b  er p the book in e Fitzherbert be and f to stay behind to say quasi land  remane that can be when a remainder can by any possibility fall into  possession for a remainder ought to vest in estate during the g particular  estate and ought to take effect in possession when the particular estate end e  for vanan be that potenia who never go for sale in sharply it be object that  Christopher may enter into religion and then may warren enter during his  natural life forasmuch as Christopher have no issue male but as to that it be  answer and resolve that such possibility h of profession shall do make the  remainder good for two reason saint because it be such a remote possibility as  shall not be intend by a common intendment to happen but I a possibility which  shall make a remainder good ought to be a common possibility and potenia  relative as death or death without issue or coverture or the like f and  therefore as the logician say potenia be duplex to move back relative h b the  remainder to a king corporation which be not at the time of the limitation of  the remainder be void coke Report51sb although such be erect afterward during  the particular estate for it be potenia to move back g and this difference  plain appear in a common case in our book if a lease be make for life the a  remainder to the right heir of I S this be good for by common possibility I S  may die during the life of the tenant for life but if at the time of the  limitation of the remainder there be no such b I S but during the life of the  tenant for life I S be bear and die his heir shall never take h as it be agree  in h b and in c e the case be that upon a fine levy oh r be grant and ld raym  ves will Cru dig ante Pt I pp b a and the note ib ED f Yelv   light a g   b b  a b b   a raym Anders more   light a salk press be vin Abr remainder l pl burr  e as to this rule see ante Pt I p b n z dougl ED Opin Em law h   b Fearn I    light b b   b b roll Rep see the book cite in infra f see ante Pt I p b d z  Inst two f Bl Com Fearne Cru dig wood vin Abr possibility a pl ED king winch  more hob Leon   light a dal roll Rep I Inst two f Fearn Cru dig wood press  stand at a distance vin Abr possibility a pl Bac Abr remainder c g that such a  limitation be void for want of capacity ante Pt p b n I but if during the  vacation of the mayoralty of d a lease for life be make remainder to the mayor  and commonalty of d the remainder be good if there be a mayor of d elect  during the estate for life Inst a I ED a Br do Br grant raym   title a winch  Anders more Perk sect Poph h a hob   a   b a Inst two f Bl Com Fearn wood Cru  dig vin Abr possibility a pl Bac Abr remainder c b hob roll Rep Br do Br grant  I Inst two f Bl Com Fearn Cru dig vin Abr possibility a pl h for the  possibility upon which the remainder be to take effect amount to the  concurrence of two several contingency videlicet saint that such a person as I  S shall be bear which be very uncertain and second that he shall also die  during the particular estate which be another uncertainty graft upon the  former this be what the law call a double possibility or a possibility upon a  possibility which be in general void for uncertainty Fearn and see mayor and  commonalty of London v Alfred cro car I Jones Mod ante Pt I p b I ED c e a b a  Cru dig vin Abr possibility a pl coke report a er p render the tenement to one  I and Florence his wife for their life the remainder to d g son of I in tail  the remainder to the right heir of I and in truth at the time of the fine levy  I have not any son name g but afterward he have a son name g and die and in a  praecipe against Florence it be adjudge that g shall not take the remainder in  tail because he be not bear at the time of the fine levy but long after  wherefore another who be right heir to I by judgement of the court be receive  for when I have not any son name g at the time of the fine levy the law will  not suppose that he will afterward have a son name g for that be potenia to  move back note reader a e difference between a remainder limit by a particular  name and by a general name I for a remainder limit by a general name may be  good although the person be not in be at the time of the remainder limit as if  a lease for life be make the f remainder to the right heir of I S who be alive  this remainder may be good and yet he have no heir at the time of the  remainder limit the same law of remainder birthright son but a remainder limit  in g particular by name of baptism and surname be not good if the person be  not in be it be hold in e that if the advowson of the church of d be grant to  the parson of d and his successor it be void as to the successor because the  successor who ought to take it can never have any benefit by way of  presentation the second reason why the remainder to the queen be void be  because the law will never adjudge a grant good by reason of a possibility or  expectation of a thing which be against law for that S potenia remotissima  vanan which by intendment of law never go for sale in sharply king three the  remainder to the queen be void because George have a remainder in tail have  grant all his estate to warren to have all his estate during the life of  Christopher the remainder to the queen in which case when he have grant all  his estate to warren be h can limit any coke Report52a remainder thereof to  the queen for a remainder be but a remnant of the estate of the grantor and  the queen can have any remnant of the estate of George when be have a  remainder in tail have grant all his estate to warren l and Littleton fol say  that in such case the estate tail be in a abeyance m and h a it be say that if  b tenant in tail be attaint of felony and the king after office find seize the  estate tail be in suspense and aside h a if c there be tenant for life the  remainder d roll Rep more e more see the book cite in n I infra I see as to  this distinction Inst h f Bl Com Fearne ante Pt I p b d I ED f   a raym Anders  winch more   light a Poph Perk sect hob h a   b a fl Inst two f Bl Com Fearn  see the book cite in will f ante p a g roll Rep more see the book cite in will  f ante Inst two f Fearn Cru dig king Acc post   b vin Abr possibility c pl  therefore a remainder limit to a unborn bastard be void for the law do not  favour such a generation Blodwell v Edward cro Elizabeth Bl Com Cru dig on the  doctrine that a bastard can take by the description of issue of a particular  person until he have acquire the reputation of be his child see Inst b I and  will h ib ED h more vin Abr grant p pl Com dig estate b l see ante Pt I p a  will r Com dig estate b machell v clarke ld raym ED a light sect   a light  sect   b m but this doctrine have be overrule and it be now settle that a  grant release or bar gain and sale by a tenant in tail passes a base fee  commensurate with the estatetail ante Pt I p b will oh hob post   b machell v  clarke ld raym ED b godb Bac Abr tenure c c godb sand coke report a er p in  tail if he in remainder in tail release to tenant for life all his right it  put the estate tail so in abeyance n that no right remain in he who release to  have a action of waste for in the same case by his release be have put all his  estate out of he it be agree hill Elizabeth in d Blithemans case that if  tenant in tail in consideration of paternal love covenant by deed to stand  seize to the use of himself for his own life and after his death to the use of  his old son in tail and after this covenant the covenantor marry and die the  wife shall be endow for when tenant in tail have limit the use to himself for  the term of his own life he can limit any remainder over for a estate for his  own e life be as long as he can limit by the law and therefore the limitation  of the remainder be void oh wherefore it be conclude that upon consideration  of the first point warren have nothing and upon consideration of this latter  point if he shall take entirely he will take f too and by consequence the  remainder to the queen be void wherever way data and it be agree that the  limitation to warren by the habendum for the life of Christopher be void and  repugnant p admit the remainder to the queen be good yet it be resolve that  the common recovery do bar the estate of warren and by consequence the  condition also during his life and therefore as to this point the case be but  thus a man make a gift in tail the remainder in fee he in remainder grant his  remainder to another for life the remainder to the queen in fee upon condition  ut above tenant in tail suffer a common recovery if this recovery shall bar  the estate of tenant for life in remainder and the condition also be the  question and it be resolve that the recovery do bar not only the estate tail  but also the estate for life of warren although the g remainder of the fee be  in the queen for it be out of the statute n see note m above d and more light  Rep Yelv Cr Elizabeth Nov roll Rep godb dyer pl in marge f Mod ld raym Inst  three n wood Conv Sugd pale yellow use n press stand at a distance vin Abr  dower g pl estate u pl use pl e   a do light a a godb more light sect see n oh  infra and the book there cite in Machill v clarke ld raym cite in n m sup it  be determine that tenant in tail may by bargain and sale lease and release or  covenant to stand seize convey a base fee which will not determine until the  issue in tail enter and be may convey a estate which by possibility may not  take effect until after his death but he can convey a estate which be not by  the term of the conveyance to take effect until after that period unless such  estate be make to arise out of another which have continuance afterward and  see send for Carth Cru dig and edit ED f more p for the doctrine as to the  habendum see ante p b n you ED g ante b more and Cr car Plowd a Yelv Noy    light b Leon Leon Benl in Kel a b be Benl in ash n Benl pl Cru dig Sugd vend  vin Abr recovery common z pl ac Abr prerogative e Q S p sheep touch but it be  there say that the estatetail and the reversion also and the condition  thereupon may be bar and Mr Preston observe that the ground be either fraud or  that the entail be original independent of and unconnected with the gift of  the crown and as the tenant in tail may have enlarge his estatetail into a  feesimple prior to the gift to the crown he can be deprive of his right by any  subsequent alienation too the crown by the person who have the reversion or  remainder expectant on the estatetail ibidem the opinion that a remainder can  be divest out of the king by fine or recovery be probable find on the decision  in this case and wiseman case ante p b and n c ib where the court hold that  the limitation of the reversion to the crown be void and therefore that such  reversion be bar by the recovery but admit that if coke report b er p of h h  cap r because the estatetail be not of the queen gift nor of any of her  ancestor king of England as it coke Report52b have be adjudge mich pound  Elizabeth in partition to make inter Jackson a Drury Elizabeth n common banc  inter b wiseman Jennings and if the estate of warren be bind and bar the  condition annex to his estate be bar also during his life and therefore if one  give land in tail and afterward grant the reversion upon condition if the  tenant in tail suffer a common recovery it bar the reversion and condition  also S and therefore it be adjudge mich Elizabeth between c gately and hunt be  a exchequerchamber case by all the judge of England that if be in the  reversion with a remainder expectant upon a estate tail grant a rend charge or  common or make a lease for year or acknowledge a statute and afterward tenant  in tail suffer a common recovery and die without issue the possession of the  recoveror shall not be subject to the charge lease or statute of he in the  remainder t saint because the recoveror so long as the recovery remain in  force be in under the estate of tenant in tail t which estate be not subject  to any of the say encumbrance of he in the remainder for suppose that before  the recovery tenant in tail have make a lease for year or acknowledge a  statute and afterward have suffer a recovery and die without issue without  question the possession of the recoveror shall be subject to the lease and  statute of the tenant in tail u and shall not be subject to the lease and  statute of he in remainder also for then there will be confusion W also the  charge of he in remainder or reversion can take effect in possession till the  remainder or reversion come in possession and that can happen after the  recovery the same law of a condition annex to a reversion or remainder for the  reason aforesaid then this payment to warren can divest the remainder out of  the queen for three reason saint because the condition during the life of  warren be discharge and because be who take the benefit of a condition ought  to have the whole estate give revested in he as in his d first estate ten and  that can be here for the reversion have be well vest in the crown it can not  have be bar but this doctrine have be question by some eminent lawyer who have  consider the stat and h to be mere a declaration of the commonlaw and that  where a estatetail be not protect from the effect of a common recovery a  remainder or reversion in the crown expectant on it be not protect that the  contrary opinion will be introductive of something like a perpetuity for by a  limitation of the ultimate reversion to the crown the tenant in tail can only  acquire a base fee in the estate see Cru dig and edit ED h pound h c   a Cru  dig Bac Abr remainder g V r on the construction of this statute see ante p b  and the note ib ED a more pl Leon can Anders can Benl in kelw pl Benl in ash  Benl pl n Benl pl vin Abr recovery common z pl b   a b more Anders vin Abr  recovery common z pi S see ante Pt I pp b a and the note ibidem ED c more   b  a b Poph jenk cent Leon Anders goldb   b roll Rep   b a keb winch Noy palm  press stand at a distance vin Abr recovery common g pl Bac Abr remainder t  ante Pt p a and the book cite in n d ibidem press Watk Conv press Conv Cru  Fonb Tr Eq u that a recovery let we in the prior encumbrance of tenant in tail  ante Pt I p a n f and the book there cite ED wonder ante Pt pp b a and the  note ib ED Com dig estate b d   light a   b   b roll Cr Elizabeth ten as to  this rule and the exception of which it admit see Inst a b a two and the note  ib ED coke report a er p the estate for life of warren be bar by the recovery  also the tender to warren be to the intent to revest his estate and that can  be when his estate be bar and can be revested for which cause this payment can  divest the remainder out of the queen a three point be argue by the defendant  counsel that there need not in this case any e office or to point out de law  you to divest the remainder out of the queen by force of the condition for the  condition be perform by one subject to another subject by matter in pais and  inasmuch as the estate for life can be revested by force of the coke Report53a  condition unless the whole estate to which the condition trench be defeat  therefore for necessity and by operation of law the estate for life be defeat  the remainder to the queen which depend upon it shall be defeat also as in e  in Isabel a Goodcheaps case one devise house in London devisable by custom and  hold of the king in tail and if the donee die without issue that the land  shall be sell by his executor and die the devisee die without issue now the  land be escheat to the king yet the bargain and sale of the executor shall  divest the king estate for necessity and that without petition or to point out  de law and also their vendee be in by the devisor paramount the escheat z so  the bargainer in this case shall be in of his ancient estate paramount the  remainder to the queen e a b if a seize or one who have no title make a lease  for life the remainder to the queen if the disseizee or he who have good right  recover against tenant for life and enter the queen remainder shall be thereby  defeat otherwise if the recovery be by c feign or no title there the queen  remainder be not touch and blow Com a b agree therewith so if tenant in tail  grant the land to the king in fee with warranty and the king grant it for life  tenant in tail die and the issue in tail recover in a formedon against tenant  for life the king state shall be defeat as it appear by d r aid deal roy e  send for and so it be say if the disseizee in such case enter it shall defeat  the king remainder see blow command e a and note there the principal case of  the Lord Lovel a estate vest in the king shall be defeat by force of a  condition by a act in law without office or to point out de law and mark there  the case of remitter put in the end of the case against which it be argue by  the plaintiff counsel that admit the remainder to the queen to be good that  this tender in pais to a subject shall not divest the remainder out of the  queen for as Bracton say f nothing tam agreed be physical scientist justice  unumquodque to take apart eastern bandage quo to tie be and as no estate can  be vest in the queen without matter of record so no estate can be divest out  of her g without matter of record a e roll Cr Elizabeth more you as to the to  point out de law ante Pt p a d X ED light Rep godb Cr Elizabeth   b e a b Br  escheat Br devise Fitzherbert devise Plowd a   raym ass hard Swinb roll Rep  post b salk f Fearn vin Abr prerogative Q pl m see ante Pt p a and n p ib ED b    light a b Cr Elizabeth   a c   light b   a d   light b   b e hob vin Abr  prerogative Q pl f   b   a   b Inst Davis b cro Elizabeth more kelw b a  therefore if land be give to the king by deed enrol upon condition the grantor  can enter for breach of the condition without office but as already observe it  be otherwise where the king estate depend upon the estate of another and the  former be defeat thus in the case of a lease for life to a remainder to the  king with condition of reentry on the lessor pay to a on payment of that sum  he may reenter and divest the remainder in the king without office roll Abr  more Com dig prerog d and see the book cite in n a sup see also Inst b three  where a distinction be take between a act of law which may divest a estate out  of the king and a tortuous act or entry or a false coke report b er p see blow  command a b in walsingham case and blow command Nevil case a h and many other  book and it be say that when a estate shall b divest out of a common person  and vest in another without action entry or claim it shall be divest out of  the king without petition or to point out de law as it be agree blow command a  in the Lord lovel case cite by the other side but when in the case of a common  person the estate shall not be divest out of he without action entry or claim  there it shall not be divest out of the king without petition or to point out  de law c coke report b and the principal case in Plowdens commentary in the  case of the Lord Lovel be well agree for there by force of the condition if it  have be in the case of a common person the estate gain by escheat shall be  divest by act in law without entry or claim and so and for the same reason the  case of remitter and the case in a e be well agree and also forasmuch as the  executor in e have but a power they have no other mean but only to sell b for  they can not have a petition to point out de law or other remedy but in this  case g Holford the grantor have clear and apparent remedy either by petition  or to point out de law and it be say that the queen remainder do so privilege  the estate of the tenant for life that the grantor can not enter upon the  tenant for life c and it be say if land upon condition come to the queen the  condition be break the queen make a lease for life he who have the condition  can enter but ought to have a petition or to point out de law c and that  appear in the book in b h a b a man bind in a statute convey land to the king  who lease for life the conusee shall not extend upon the possession of the  tenant for life of and it be say if the case put before when he who have right  do recover against tenant for life the reversion or remainder be to the king  by c defeasible title shall divest the king estate shall be grant yet they be  not to be compare to our case for in our case the party himself who have  convey the land lawful to the king will now defeat the estate which himself  have make by entry which as be say he can do but when a seize convey land to  the king and the king grant it over for life there if the disseizee who be a  mere stranger by his entry or action shall divest the king defeasible title  yet it be not to be resemble to our case but this point be not d resolve for  the baron give judgement upon the other point but it be agree in this case  although the remainder pass by bargain and sale e so as in judgement of law a  use pass first and although it be of a thing which lie in grant and not in  livery and that the word of the condition be that upon payment of the money  that the estate shall cease and shall be void yet the estate shall not be  revested in the grantor without claim for the estate of inheritance can be  determine by condition e without entry or claim in newis and scholasticas case  in blow Com a difference be take between a condition and a limitation and  feign recovery against tenant for life or in tail which shall never divest the  king estate ED h h vin Abr prerogative Q pl a e a b ante a vin Abr prerogative  Q pl b as to power to sell see ante Pt I p a n wonder and the book there cite  ED c but see n a sup ED b Br petit Br statute merchant Br entry congeable  Fitzherbert petit see n all infra d l Acc vin Abr prerogative Q pl ED c    light b Cr Elizabeth Bac Abr remainder g v d roll Rep e l for though a use may  cease at commonlaw without a claim it be otherwise since the stat h c by which  the possession be execute infra Inst a two Com dig condition ED e more   light  b a   b vin Abr possession a pl Com dig condition f l as to the difference  between a condition and a limitation see Inst b two and n l ib ED coke report  a er p for a limitation shall determine a estate without entry or claim  otherwise of a condition see Browning and Bestons case and another difference  be take between a rend inesse grant upon a condition and a rend new create  grant upon condition g and although a f use at commonlaw may have cease  without claim yet now the use be transfer to the possession for the plead be g  vigor to cause to stand c de use in possession to bear h coke Report54a so  that now since the statute to such quality to which estate by the commonlaw be  subject to such a quality use be subject for the use be transfer and  incorporate to the possession and baron Ewens say that upon this reason it be  adjudge in the king bench that where one by deed indent and enrol bargain and  sell land to another and his heir render rend that the b reservation be good I  for now the use and the possession pass tanquam to make one blowing and  therefore it be all one with a grant of the land itself for if the use shall  pass first then rend can be reserve out of the use and then the reservation of  the rend will be void also it be resolve that this claim of the remainder by  force of the condition ought to have be make upon the land and that a claim  make out of the land be not sufficient and therefore the say bargain by deed  indent be make at Westminster out of in this case enure to two effect sure  first to make a claim and then to pass the remainder as it be object by the  defendant counsel see Litt if a villain purchase a reversion the c claim by  the lord ought to be make upon the land king and the book ass be good law that  a distress upon the land after a condition break amount to a claim upon the  seignory to which it be annex l so it be conclude first because the remainder  to the queen be void t by consequence the say common recovery have bar the  remainder to George and by consequence the plaintiff claim under the recovery  ought to have judgement to recover second admit the remainder good to the  queen and that the condition be not discharge during warren life and that the  remainder to the queen shall be defeat without petition or to point out de law  yet the same be not determine till claim make upon the land and then the grant  of the queen be good and the second grant of g Holford to the queen be void  and by consequence the second recovery be a good bar but against the grant by  the letter patent diverse objection be make by the defendant counsel saint  forasmuch as the queen recite that the say bargain and sale to warren the  remainder to the queen be upon fraud and covin and it be not find that it be  upon fraud and covin it be say that the patent be void because the queen be  deceive in her grant and then admit the remainder to the queen to be good the  land do yet remain in the queen and then the defendant not guilty as tothe  plaintiff second the queen recite her estate to be upon d condition and in  truth at the time of the make of the letter patent the condition be discharge  during the life of warren and for this cause also the patent be void because  the queen also g see ante Pt I pp b b and the note ib ED f   a   a   a g h c I  h as to the argument from the usual course of plead post   a   a a   and see  Inst sect a three hob bravo Bac Abr plea v ED a   light a   b a   a I Bart  Prec n Bac Abr bargain and sale b b   light a Cr Elizabeth roll Inst see n I  infra I ace sheep touch wood Conv Sugd pale yellow use n Com dig rend b Bac  Abr bargain and sale b rend c ED f   light c   light a   light sect Perkins  sect more king as to the extinction of villeinage in this country Inst I n m  ED l ace bevel case post   b Com dig seize c ED Bac Abr fraud c three d lane  see n n infra coke report b er p in that be deceive for peradventure if the  queen have know that her estate be discharge of the condition during the life  of warren and have not be subject to the pleasure of g coke Report54b Holford  to be revoke when he will the queen will not have grant it as to the first  objection it be resolve that the grant be good notwithstanding that for three  reason saint whether it be upon fraud or no be not any thing material for if  the recital be of a thing which sound to the queen profit and be false that  may make the patent void m but a recital of a matter in pais and not of record  which be pass and not material nor valuable shall not impeach the grant second  it appear to be covinous and need not be aver for it appear to be make upon a  condition to be defeat at his will and the intent and purpose of it be to  prevent Christopher of his birthright sure of his power which he have to cut  off the remainder to George by a common recovery three the queen recite it to  be upon fraud prout we satis to be fluid and the letter patent be ex certan  knowledge mero movement so that the queen take special knowledge thereof and  it come not upon the suggestion of the party and as to the second objection  against the grant it be resolve b that notwithstanding that the patent be good  for the queen recital be true n for at first the say bargain and sale be  conditional as it be recite and it be not affirm by the recital that it do so  remain also the condition may be determine by matter in pais sure by release  to warren or by many other way so that it will be hard for the patentee to  take knowledge thereof and a thing which may be do or perform by matter in  pais need not be recite Warberton sergeant at law the attorneygeneral and  Harris of Lincoln inn be of counsel with the plaintiff and William sergeant at  law Damport and other with the defendant coke Report55a buckler case mich  Elizabeth in the common plea