case sir henry knevett against pool and Hawkins and two other Trinity term  Elizabeth roll a licence in law must he plead and can be give in evidence if  the lessee of a tenant for life he seize and the lessee of the seize sow the  land and then the tenant foy life die and he in remainder enter yet he shall  not have the emblements but the lessee of the tenant for life ante S c   a  dyer   light winch godb coin dig will dougl trespass quare enclosed space to  break in pieces and his corn there grow cut and carry away upon not guilty  plead a special verdict be find and thereupon the case be tenant for life  remainder for life the tenant for life make a lease for year to Hawkins who be  oust by a stranger who commit a seize the seize make a lease for year his  lessee sovus the land the tenant for life die he in remainder the corn not be  sever and the first tenant for year of the tenant for life the seize and his  lessee for year enter and out and carry away the corn the tenant for life in  remainder bring trespass et si c and find damage several for a gentering into  the land for the corn carry away as to the enter into the land it be hold  clear that the verdict be against the defendant for although some of they have  title to have the corn and the other in aid of he miaht come and enter upon  the land to carry the corn away yet that be by liberty in law which ought to  have be plead and can be give in evidence nor shall he help upon the verdict  and the whole court be clear of that opinion wherefore as to that the  plaintiff shall have judgement as to the corn Tanfield for the plaintiff argue  that they appertain to he in remainder and not to the lessee for year of the  tenant for life nor to the seize nor his lessee to Hawkins the first lessee  they appertain not because they do not sow they at his own cost nor be in  possession of the land at the time of his estate determine and the sole reason  why a lessee who estate be determinable upon a uncertainty shall have the  emblements be because as they arise out of his labour and cost the law give he  that privilege after the determination of his estate which be the reason give  in break emblements plan ultimo but if he be not at the cost and labour to sow  it he shall not have the corn but he who shall have the land shall have the  corn for whoever plantatul solon solon credit and therefore if a man sow land  and croak Elizabeth let we it for life and that e lessee for life die before  the corn he sever his executor shall not have they but he in reversion but if  he himself croak Elizabeth er p sow the land and die it be otherwise so if  tenant for life sovus the land and grant over his estate the grantee die  before the corn sever his executor shall not have the corn which case gawdy  and Popham agree so mich pound Elizabeth there be a case in this court where a  man sowedhis land and devise his land for life remainder in fee tenant for  life die the corn not sever the question be whether the executor or he in  remainder shall have it and hold that he in remainder which case they all  agree then here this reason be strong against the first lessee that he shall  not have it but if he have enter live the tenant for life and have continue  his possession until his death it have be otherwise for then it shall he  construe as if he always have continue in possession and have sow it himself  but when he do not enter it be his folly and his laches to prejudice himself  and the seize nor his lessee for year shall not have they for their estate be  uncertain determinable by their own tort which the law will never regard nor  give any privilege thereto wherefore c but all the justice absentee Clench  resolve to the contrary that the corn appertain to Hawkins the first lessee of  the tenant for life for he have right to it at the time of the death of the  tenant for life the law shall preserve his title and right as if he have enter  for gawdy say if he have enter in the life of the tenant for life it be clear  that he shall have have the corn now when he can not enter the law supply his  entry as Henry tenant pur autre vie be seize he shall not have trespass for  the mean profit until the reentry but if cesly and vie die so as he can  reenter the law shall give he the action without reentry then lessee for year  have right to have they in the life of the tenant for life it be not reason it  shall he take from he by the tincertainty of the death of the tenant for life  wherefore he in the remainder have no right to have they wherefore he shall  not have his action against the defendant and it be therefore hold that the  plaintiff have no cause to recover and afterward pasch Elizabeth their opinion  be again deliver open in court it be command that judgement shall he enter for  the defendant if other cause be not show to the contrary by the last day of  the term and it be adjudge accord