case sir John Fitzherbert against sir edward Fitzherbert and other tenant for  life make a lease the lessee as by private agreement feoff a stranger the  tenant for life release to the stranger with warranty this be a warranty  commence in seize and shall not bind he in remainder   light a a SC Jones    Cowp if after this secret seize the remainderman have levy a fine to the  stranger it will have enure to the conusor ejection strong upon evidence to  the jury it be resolve by all the court whereas sir Thomas Fitzherbert and sir  John Fitzherbert his brother be tenant for life the one in remainder after the  other the remainder in tail to Thomas Fitzherbert their nephew upon purpose to  bar this entail the saint October Elizabeth croak car er p make a lease for  year with agreement that the lessee shall make a feoff of this land who accord  the h October make the feoff and afterward on the that October sir Thomas  Fitzherbert release to the feoff with warranty and on the that October sir  John Fitzherbert release to the feoff with warranty and both these warranties  descend upon Thomas Fitzherbert in remainder resolve that these warranties be  warranties commence by seize although they be create seven day after the feoff  for the feoff be make by covin and with a intent and agreement precedent that  there shall be such a feoff and release make after and they be all but as one  act ground upon this fraud and practice and shall not bind he in remainder a  croak car second it be move if Thomas after this seize not know of the seize  have levy a fine to the stranger whether that shall have bar his right and  enure to the benefit of the seize accord to   a buckler case which if admit  will be of a very mischievous consequence?But herein the court deliver no  opinion but Brampston and myself conceive that it shall not enure to the  benefit of the seize but to the use of the conusor himself for otherwise a  seize be secret may be the cause of disinherison of any one who intend to levy  a fine for his own benefit for assurance of his land upon his wife and child  or otherwise