cclii Grendon and ALBANIES case John Grendon bring trespass for break of his  close against though Albany and upon the plead the case be that Francis Bunny  be seize and may Elizabeth by deed indent feoff n h to the use of the say Fr  Bunny for term of his life the remainder to d in tail the remainder to e in  tail the remainder over to f in fee in which deed of feoff a proviso be that  if it shout happen one p p to die without issue male of his body that then it  shall be lawful for the say Fr Bunny at any time during his life by his deed  indent to be seal and deliver in the presence of three credible witness to  alter change diminish or amplify any use or use limit by the say deed once use  well use ind some mask c limitare post death Self Fr to begin after which the  say Fr Bunny April Elizabeth by his deed indent do renounce relinquish and  surrender to the say n h d e f all such liberty power and authority which he  have after the death of the say p p without issue ut above and further remised  release and quit claim to they the say condition promise covenant and  agreement and all his say power liberty and authority and further grant to  they and their heir that at all time then after as well the say condition  promise covenant and agreement as the say power liberty and authority shall  cease and to all purpose shall be void after which p p die without issue maii  Elizabeth after which march Elizabeth the say Fr Bunny by indenture between he  and the say d Leonard seal and deliver ut above alter the former use and  covenant and agree with the say d that from thenceforth the say n h and his  heir shall be seize to the use of the plaintiff and his heir c and note that  in this case Fr Bunny be but tenant for life feoff one tomson upon who the say  d enter for a forfeiture and it be argue by Altham that by the feoff by Fr  Bunny to tomson the liberty and power aforesaid be not extinct or lose for  this liberty and power wag not then a thing in be for then be p p alive and  also the liberty be mere collateral to the land whereof the feoff be make e  Fitzherbert the son and heir apparent seize his father and thereof make a  feoff to a stranger the father die now against his own livery the son shall  not enter but if the son die then his son shall enter which prove that the  livery be nct so violent to determine a future right but that afterward it may  be revive a strong in our case where the thing pretend to be extinct be mere  collateral e Fitzherbert garr in a assize of common the release of the father  with warranty be not a bar because it be of another thing h beneficiary and  use will by his will that his feoff shall sell his land and die the feoff make  a feoff to the same use yet they way well sell so as against their livery the  authority to sell remain to they and be put brents case dyer a future use  limit to a wife which shall be shall not be prevent by a fine or feoff and so  by the statute of fraudulent conveyance Elizabeth cap where a conveyance be  make with clause of revocation if afterward the party who make such a  conveyance shall bargain sell or grant the say land to another for money or  other good consideration pay or give the first conveyance not be revoke that  then such former conveyance against the latter purchaser shall be void c the  other matter be admit that the say power and liberty be not extinct by the say  feoff if by the indenture of renunciation relinquishment release c it be  destroy and he say that a thing which be not in be can be release Litt h a  lease for year to begin at a day to come can be release before it come in be h  Br damage in detinue the defendant will confess the action if the plaintiff  will release the damage and the plaintiff will have so do but can not before  judgement for before judgement the plaintiff have not interest in the damage  but he be entitle to they by the judgement so land in ancient demesne be  recover at the commonlaw and execution have accord and afterward the tenant  release to he who recover and afterward the Lord reverse the judgement the  tenant notwithstanding his release may enter for his title which accrue to he  by the reversal Leonard be not in be at the time of the release vide wear down  and it be adjudge Elizabeth in the case of one falsor that where lessee for  year devise his term to his wife Leonard er p if she shall so long live and if  she die within the term that then the residue of his term shall go unto his  daughter which shall be then unpreferred and die his daughter unpreferred  release to her mother all her right in the say land the mother die within the  say term the release shall not bind the daughter for that at the time of that  release she have no title cook to the contrary and he say that by the feoff  the say power and liberty be extinct and he agree the case cite before h for  in such case the vendee of the feoff shall be in by the devise and not by the  feoff h the husband make discontinuance of the land of his wife and take back  a estate to he and his wife by which the wife be remit they have issue the  wife die the husband shall not be tenant by the courtesy for he have  extinguish his future right by his livery ass p ultimo a praecipe against a  who lose the land by a erroneous judgement and after execution have enter upon  the demandant and make a feoff his writ of error be go e in a to know facias  to execute a fine the plaintiff recover and make a feoff in fee and afterward  the tenant by to know facias by writ of disceit reverse the judgement now the  plaintiff in the to know facias shall not have a new to know facias a recover  against b by false oath and after execution have b enter and make a feoff to a  stranger who feoff he who recover it be a good bar in a attaint h the feoff to  a use be seize the seize feoff beneficiary and use who feoff a stranger now by  that feoff his right to the use be go and as to the release the same be not  proper a release but rather a defeasance to determine the power and authority  aforesaid as if a feoff b with warranty and afterward b covenant with a that  the say warranty shall be void the covenant shall enure to defeat and  determine the warranty and afterward judgement be give against the plaintiff