chamberlain plaintiff against ewer defendant enter Trinity James b r rot a  action of covenant side in a action of covenant the case appear to be this  tenant for three life his own life be one of they make a lease to ewer the  defendant for six year who make a lease at will unto two man Francis who be  tenant for three life die the two tenant at will be then in possession of the  land the tenant for year for and in consideration of to he pay by the  plaintiff sell all his estate unto the plaintiff show the whole matter unto he  and how that the two tenant at will do claim only at will and to his use and  then set forth the death of Francis who be the tenant for three life and that  be army citizens be seize of the freehold for term of the other life as a  occupant and he be so seize do assign set over bargain and sell to the  plaintiff all his estate right title and interest in the land to have and to  hold this unto he for the life then in be and do further covenant that he have  such a estate in the land as will well warrant the sale so by he make and that  he have full power and good authority to do this and do further covenant to  make he afterward such further and better assurance as his counsel shall  advice de boundary proadicto the matter in law be whether upon the death of  tenant for three life ewer the defendant have any great estate in he than for  year this be adjudge against he that he have only a estate for year and that  the tenant at will shall be the occupant and upon this the plaintiff bring his  action of covenant against the defendant for not perform with he in make of  his bargain good accord to his covenant in this case the whole court be clear  of opinion that notwithstanding the two lessee at will do enter and claim the  land only at the will of their lessor who be the tenant for year yet upon the  death of the tenant for three life the law shall now make such a present  change and alteration in their estate that the law shall now adjudge they to  be in possession of the land as occupant for where the actual possession be at  the time of the death of the tenant for three life there the freehold shall  settle and remain to be as touch another point which be move whether the lease  for six year be here by this quite go and determine Bulstrode or not as to  this the court be clear of opinion that the lease for year do still remain in  force and that the lessee at will shall have this estate by occupancy in the  nature of a reversion expectant upon the lease for year but the judge all  agree in this that if the freehold have come to the tenant for year and so  have be both in one and the same person there the term shall have be drown by  the accession of the freehold to the same both which can stand and be together  in one and the same person but the lesser must needs be drown in the great  croak justice if the lessee for year be oust and afterward the tenant for  three life die here the seize shall be the Bulstrode er p occupant and the law  will now turn his wrongful estate which he have by the seize into a rightful  estate as a occupant Williarns Justice if a tenant for the life of another  make a lease for year the remainder for year tenant for year enter then the  tenant for the other life die here the tenant for year shall be a occupant and  yet his term for year not drown by reason of the mean remainder for year for  in some case a term for year and a freehold may well stand together in one and  the same person for if the lessee for twenty year make a lease to his lessor  for five year both be in he S the term and the freehold and this by reason of  the remainder for year which be in the first lessee so that both of they shall  here be well in he simul and semel without any draw of the one in the other if  tenant for another life be seize and die the feesimple here which he have gain  for seize be convert and change into a rightful freehold and that by operation  of law settle now the freehold in he as a occupant and this be warrant by the  book of h fol in the principal case here by the opinion of all the judge the  tenant for year may enter and shall have and emiov his term which be not drown  nor extinct by reason that the term and the freehold gain by occupancy be in  several hand and that though lessee at will here in this case shall be the  occupant against their own claim and the freehold by operation of law shall be  say and adjudge to be in they volens not at another time dyer move the court  for the defendant that notwithstanding the law be so that the tenant at will  be adjudge in law to be the occupant yet the covenant of the defendant be not  here break and so the plaintiff have no cause of action and that the traverse  here take to the laintiffs title be well take and good and as to this if it do  appear in and by any record that the plaintiff have no good title to recover  then he shall be bar and so it be here in this case for he have but a term for  year and he grant only all his estate and interest William justice if a man  will grant to another his manor of dale in the which he have nothing and  covenant that he have good right to grant this whereas he have no right at all  this clear be a breach of the covenant the case now in question be in a action  of covenant and it be here express quod appointed to go away totan position  suum and this further to have and to hold for and during the term of the other  life and do also covenant that the plaintiff shall have and enjoy this estate  in this manner to he grant whereas he himself have but a lease for six year  the word be barganisavit to go away appointed totum position clameum suum de  in the say land habendum c during the term and the natural life of c and the  word of the covenant be quod tunc to have bonan authority for to do so and to  pass over the say land and the word of the assignment be very strong be of all  the estate which to have to have well to have to be able and this estate so by  the defendant assign in this manner to the plaintiff be after the death of the  tenant for three life Fleming chief justice in this case here clear the lease  for year do remain and be not extinct William justice if in this case he have  only rest upon the lease for year and go no further this have be then good and  no breach of covenant Fleming chief justice this be as plain a case as can be  all this be only a covenant and a covenant that he have good power to grant  the land and to make further assurance for the say term for the other life  declare unto the plaintiff before the grant that he have the Bulstrode estate  in he for the say life which be not so and so a clear breach of covenant  William justice if a man do bargain and sell to another all his estate in such  land to have and to hold to he for three life here he do full demonstrate unto  he the estate he shall have and which by his covenant he shall enjoy if this  estate can be so enjoy this must needs be a breach of covenant Fleming chief  justice the defendant here have affirm to the plaintiff that he have a estate  for three life the which he pass to the plaintiff and covenant that he shall  enjoy it which now he can do and so the covenant break but otherwise it will  have be if he have only say that he have but a lease for year and that this  estate he have assign over to the plaintiff William justice if a man have a  lease for year and a estate by occupancy come unto he in this case he may have  and enjoy the one or the other as best please he Fleming chief justice if  tenant for another man life make a lease for year Bulstrode er p which lessee  for year make a lease at will the tenant for the other life die the tenant at  will here shall be the occupant the freehold by operation of law be cast upon  he but this he shall hold and enjoy subject unto the lease for year for that  be can have and enjoy this estate of freehold but in the same manner as the  tenant for the other life hold and enjoy the some and be hold the same subject  to the lease for year but if there have be no lease at will make then by the  estate of occupancy fall upon the termor for year the dreehold be present in  he by operation of law and so by this the term for year be drown extinct and  go William justice the traverse here take be not good diat urge for the  defendant that there be no breach of covenant here mention in the declaration  and so the same not good it be here say that they be the first which do enter  and so be seize ut primi occupatores and this be no good plead but it ought to  have be show that they do enter et occupavera the whole court against he clear  in this that this be good notwithstanding this objection it be here say that  they after the death of the tenant for the other life primo to go into tunc  extunc to be seisiti in their demesne ut primi accuatores the whole court  agree the plead to be good and that the covenant of the defendant be break and  so the plaintiff have no cause of action and so by the rule of the whole court  judgement be enter for the plaintiff notam upon a trial at the bar in a action  of trespass and ejectment upon a lease make by husband and their wife for  trial of a title and the same execute by letter of attorney who by force  thereof be to enter into the land in question and there to deliver the lease  the lease and letter of attorney be produce to be prove it appear to the court  that the lease and letter of attorney be only seal by the husband but not by  their wife and that the attorney do enter in the name of the husband only and  not in the name of they and of their wife by the opinion of the whole court  this be not legal do for that the wife ougl t also to have seal the lease and  the letter of attorney and that the entry by the attorney ought to have be in  all their name and for this omission the plaintiff perceive the opinion of the  court to be against he become nonsuit and by all the judge the authority give  by the husband shall not bind the wife and that the wife here not seal the  lease and letter of attorney the same be to deliver a lease make by they all  both by the husband and wife whereas there be no such lease produce seal by  they all and so the authority give by the letter of attorney be mere void by  reason that the wife do not seal the lease and letter of attorney with their  husband and in all this the whole court clear agree and so the trial proceed  no further the plaintiff be nonsuit