bearcroft against GEERY Saturday Nov ante occupant Siderf pl error of a  judgement in c b in ejectment of land in Worcester special verdict find the  dean and chapter seize and Elizabeth make a lease to sir Francis edwick for  his wife life and the life of two daughter and afterward sir Francis in James  Keble er p he least to dingly for ninety nine year in trust for himself wife  and two daughter who enter and after sir Francis die and it be find his wife  first enter and afterward that the same lady edwick car she surrender and car  they make a new lease to her son and after lease to Cooksey the lessor of the  plaintiff and the opinion of c b be that the lady edwick be occupant which  Moreton agree and Keeling Ch just and so Windham albeit the lessor sir Francis  edwick may have have trespass against a stranger who have enter for trespass  be maintain on the general Keble property videlicet the first possession  against he that come in mere by wrong but not so where it be mix with a  privity or colour of title as against tenant at sufferance in which case as  light cap release he in remainder have no remedy against recovery have against  tenant for life because he have no seize and so can not have a writ of right  but if he in remainder have enter on tenant for life and he reenter and then a  recovery be have a writ of right be maintainable for albeit as to tenant for  life the possession and seize be sweep away yet after his death against a  wrong doer that seize be sufficient so in this case trespass lie not against  ellanor who enter as tenant at will to dingly or as quasi a lessee as Litt  feoff in trust make a privity and a release to such a cey and trust will make  he tenant in feesimple but not so of tenant at sufferance the law also in our  case create a privity in the lady edwick and trespass lie not against her but  dingly may release to her and she be no wrong doer a possession in law or to  maintain a action of trespass be not a occupation but a take the profit in  regard it be a new acquire property as he that take a wife have all her good  actual how far distant soever without seizure but a stray in a manor whereof I  be so seize be a new title that to go from to take into possession must be  actual and real take and it be not find dingly ever enter after the death of  sir Francis edwick as Com b Cr Stillingtons case a lease at will to commence  after lease in be be end be good also Dinglys lease continue notwithstanding  the lady Edwicks surrender as lease by lessee for another life to begin after  his be good for the possibility of survivor and albeit the lessee enter not as  occupant yet the occupant surrender shall not prejudice the lease Twisden ad  idem l   and in Cr it be adjudge that hawk and hunt be no occupation albeit it  be a trespass notwithstanding this be not report for it be no settle  possession to know against who to bring a praecipe and admit dingly shall have  be occupant against bare tenant at will yet not in this case where all be but  the continuance of the same estate by virtue of the trust and original  agreement and the lease be make to prevent occupancy but he agree that the  husband possess of lease of a manor jure wife shall have a stray without  actual seizure so lessor may have trespass before entry upon a determination  of the will by lessee at will yet shall not be occupant if he be a lessee  under a lessee pur auter vie but the tenant at sufferance and judgement affirm  per curian