case jones vers mosely TR James rot by the name of Jones vers Morley deed to  lead the use of fine this case be more full report in the book quote below  Carth SC comb SC holt SC Mod SC Mod SC show p c SC ld raym S g salk SC vide  infra p upon a special verdict the case be to this effect baron and feme seize  in fee in right of the feme by indenture date the that of January covenant to  levy a fine of the land of the feme within Hilary term next ensue and  afterward by another indenture date the saint day of January between the baron  of the one part and the feme of the other it be covenant conclude and agree  that all former contract covenant and agreement between they shall be void  until such money accord to their marriage settlement shall be pay and then  shall be in force the fine be acknowledge before the that of January and pass  the king silver the same Hilary term but after the saint of January and  whether this fine shall enure to the use limit by the deed of the that of  January or not be the question in this case between the heir of the baron and  the heir of the feme and it be argue by Bannister for the plaintiff and sir  bar shower for the defendant and after argument holt c j seem of opinion that  this deed between the baron and feme be a void deed for say be it be of no  effect to bind the baron by reason that he can covenant with his wife but if  there be no other deed upon which the use of the fine may arise this may have  be sufficient for declare the use of the fine but here be another deed comens  date the that of January which do declare the use true it be that this fine  vary in the circumstance of time for it be say in the indenture of the that of  January that the fine shall be levy in Hilary term next and the fine be real  levy of Hilary term then present for that indenture be date within Hilary term  and although a fine can be aver to other use than those which be express in a  indenture precedent to declare the use otherwise if the indenture be  subsequent   a a   downham case yet if the fine vary in any circumstance of  time place or quantity of acre it may before the statute car cap be aver to  other use or if there be two deed to declare the use of a fine afterward levy  the last deed shall be that upon which the use shall arise then it be to be  consider whether the deed of the saint of January can raise the use of this  fine and I think it can vide infra Jones vers Moseley infra p b comens de term  sanct mich will III in b r