case parker against edith BLEEKE Hilary term car roll in the sale of copyhold  land by commissioner of bankrupt the estate be in the bargainee before  admittance and the owner be no copyholder after the bargain and sale enrol  therefore if the bankrupt die between the sale and the admittance his wife  shall lose the advantage of a custom that the wife of copyholder die tenant of  the manor shall be endow ante Atkins Com dig Com dig Bac ab cook bank law Cowp  term Rep term Rep judge res trespass upon not guilty plead a special verdict  be find that the land be copyhold land of inheritance of the manor of  Cheltenham in Gloucestershire whereof one Arthur Bleeke late husband of the  defendant be seize in fee within which manor there be a custom among other  that if a copyholder seize in fee of a copyhold tenement die have a wife at  the time of his death survive he that she shall have and hold the say copyhold  land during her life and for twelve year after and they find the statute of  Elizabeth c of bankrupt and the statute of James c and that upon complaint of  the creditor a commission issue upon those statute direct to warren and six  other commissioner to inquire whether he be a bankrupt and if they find he to  be a bankrupt that they or three of they whereof the say warren to be one  shall execute the commission accord to the statute that hereupon the say  warren and three other upon complaint of the creditor examine the matter and  adjudge he to be a bankrupt and find that he be seize in fee of the say  copyhold which be apprise to be sell to the value of six hundred pound that  they by indenture that April car enrol within the six month recite the cause  wherefore they adjudge he to be a bankrupt bargain and sell the say copyhold  land to Arthur Parker and William southern and their heir for six hundred  pound pay and secure to be pay for the use of the creditor of the say bankrupt  and they find a private Act of parliament make car whereby the custom of the  say manor be cite and establish and among other this custom be mention and  confirm that the wife of the copyholder shall have dower and may have a  jointure assign for her life and that a copyholder of inheritance may make a  grant for his life and twelve year after provide that all woman now live and  late the wife of any the copyholder of the say manor die tenant and all the  now wife of any the copyholder of the say manor shall and may enjoy the  customary land of their now or late husband and be tenant for their life and  twelve year after as if this Act have never be make and in the end of the say  Act there be a general clause be it enact that all custom and usage heretofore  use and allow within the say manor concern the have or enjoy of any the say  customary land or tenement by any widow of any customary tenant of the same  manor or by any aftertaken husband of such widow or the heir or heir of such  wife hereafter croak car take husband or concern the descend of any such land  to any other person or in any other manner or form than be before express  shall be utter void and of none effect and that all other lawful usage and  custom heretofore use within the say manor which be not repugnant and contrary  to the true meaning of this Act shall be and remain good and effectual and be  and shall be ratify by this Act they further find that at a court baron of the  manor on the saint April car it be find by the homage that the say Edith  survive her say husband and ought to enjoy the say tenement in which c for  term of life of the say Edith and for twelve year after and that upon a  presentment afterward videlicet the aforesaid saint April car and before the  admission of the say Alexander Parker and William southern into the land in  form prediction fanctam the aforesaid Edith be admit tenant of the tenement  aforesaid in who c secundum experience manor prediction whoever it be army  admission prediction prediction Editha c tempore quo enter c and this be very  well argue at the bar by Glynn for the plaintiff and by Moreton for the  defendant where two point be insist upon croak car er p first whether by the  bargain and sale make by the commissioner by virtue of the statute of bankrupt  the estate of the copyholder be vest in the bargainee before admittance  although he may not enter before admittance for then the say Arthur Bleeke do  not die tenant and so be not within the custom that his wife shall have widow  estate second admit he die tenant and the widow have such a estate vest in her  whether the vendees by the bargain and sale to they before make shall not  afterward divest the estate of the wife by relation and then the plaintiff  have a good title Berkley and myself argue that the bargain and sale bind the  copyholder and bar his estate and that be be no copyholder after the bargain  and sale enroll a and the bargainee by the statute be only bar to take the  profit until admittance which be for the lord benefit in respect of the fine  due to he thereupon second we hold when the bargainee be admit by the lord it  shall vest in the bargainee and shall have relation to the bargain and sale  and shall divest the estate which the wife claim by the custom as in the case  of Edward brook title enrolments where one jointtenant bargain and sell and  before the enrolment the other die and afterward the deed be enrol within the  six month vet the moiety only pass and it be like the case where one bargain  and sell by indenture and take wife and die and afterward the deed be enrol  within six month the wife shall not have her dower and so the case Elizabeth  where mortgagee die his heir be in ware to the king the condition be afterward  perform and the wardship shall be divest Jones and Brampston justice doubt of  the point until they see that the record find the act to be particular that  she croak car ought to be the wife of a tenant and it be not intend that after  the sale of the copyhold he shall die tenant and he do not die tenant because  the bargain and sale take his estate from he and oust he of the copyhold they  therefore agree judgement shall be enter for the plaintiff