ccxciii Matheson and trot case devise descent where take away entire betwixt  Matheson and trot the case be sir Anthony Denny seize of certain land in and  about the town of Hertford hold in socage and of diverse manor land and  tenement in other place hold in chief by knightsservice and have issue two son  Henry and Edward by his last will in write devise the land hold in Hertford to  Edward Denny his young son in fee and die seize of all the premise Henry be  then within age after office be find without any mention of the say devise the  queen seize the body of the heir and the possession of all the land whereof  the say sir Anthony die seize and lease the same to a stranger during the  minority of the heir by force and colour of which lease the lessee enter into  all the premise and do enjoy they accord to the demise and the heir at his  full age sue livery of the whole and before any entry of the say Edward in the  land to he devise or any entry make by the say Henry the say Henry at London  lease the say land by deed indent to I S for year render rend by colour of  Leonard er p which the say I S enter and pay the rend diverse year to the say  Henry and afterward by casualty the say Henry walk over the ground demise by  he in the company of the say I S without any special entry or claim there make  I S assign his interest to I d who entree in the premise and pay the rend to  the say Henry who die and afterward the rend be pay to the son and heir of  Henry and after four and twenty year after Leonard the death of the say sir  Anthony the say Edward enter into the land to he devise by the say devise and  lease the same to the plaintiff c and it be move here if this die seize of  Henry of the land in Hertford and descent to his heir shall take away the  entry of Edward the devisee and by Anderson clear if here upon the whole  matter be a descent in the case then the entry of Edward the devisee be take  away although that the devisee at the time of the descent have not any action  or other remedy for it shall be account his folly that he will not enter and  prevent the descent but Windham periam and walmesly justice be of a contrary  opinion for a devisee by a devise have but a title of entry which shall not be  bind by any descent as entry for mortmain for condition break and after long  deliberation they all agree that there be not any descent in the case for by  the devise and death of the devisor the franktenement in law and the fee be  vest in the devisee Edward and then when the queen seize and lease the same  during the nonage of Henry and the lessee enter be do wrong to Edward and by  his entry have gain a tortions estate in fee although he can not be say proper  a seize nor a abator and afterward when Henry after his full age when by his  indenture be lease without any special entry ut above and by colour thereof of  the lessee enter now he be a wrongdoer to Edward the devisee and by his entry  have gain a wrongful possession in fee and then the pay of the rend to Henry  nor the walk of Henry upon the land without any special claim do not gain any  seize to he and so he be never seize of the land and can never die seize and  then no dissent and then the entry of Edward be lawful and the lease by he  make to the plaintiff be good and so judgement be give for the plaintiff Len  Len cro cro Owen mich Elizabeth in the common bench