case white against west Trinity term Elizabeth roll if a and b levy a fine to  c who render it to b in tail and if he die without issue quod tenement integre  to stay behind to a this operate as a fine sur to go away of the reversion to  a ante SC lev Bac ab Com dig Cowp term Rep if a gift in tail he make render a  rend and the tenant in tail suffer a recovery it will not bar the rend ante  and Noy lev Mod Pigot ld raym salk Eq v Cas ab Bac ab Com dig cruise on recov  ante replevin the defendant make conusance as bailiff of one gerish upon  demurrer the case be that one Bainton seize of the land in fee he and white  levy a fine thereof to lon who render it to white in tail render rend and by  the same fine it be limit that if white die without issue tenement preceding  untouched to stay behind to Bainton and his heir afterward Bainton by  indenture enrol bargain and sell his reversion and rend to gerish in fee white  suffer a common recovery and afterward for this rend west distrain and whether  the rend be go by this recovery be the question two point be move first  rhether this be a reversion or a remainder limit to Bainton be all by one fine  for if it he a remainder the reservation of the rend be void second admit it  to be a reversion and to he bind and take away by the common recovery whether  the rend also he extinct?After argument at the bar it be resolve for the  defendant first that this be a reversion for be one fine it enures as if it  have be at several time and it shall he intend as render the tail at one time  and render the croak Elizabeth reversion at another time and so in the usual  course of fine and so it have be always expound but it be not so in grant by  deed second which be the most doubtful point they resolve that the rend be not  extinct because the grantee be always in possession thereof and it be distinct  from the land and that whereof one be in possession can be divest by a  recovery against another man and here be not any recompense for the rend for  that go only for the land and it be not like the case of a rend grant out of  remain because that never be in nor a thing execute and it be as if tenant in  tail he possession self have grant a rend and afterward suffer a common  recovery that rend which be in be shall not he go by this recovery no more  shall this rend which be annex to the reversion although the reversion itself  he go and where tenant be made tail discontinue the land yet the donor shall  always have his rend and it shall not he take from he as Edward and Edward  title Guard so it shall he in the case of a common recovery for it be all one  in effect and not like to a recovery by title which defeat the estate utter  and the manner of plead it show always when it be a common recovery and when  not wherefore it be adjudge for the def end ant