cclvi trin Elizabeth in the king bench in a action upon the case upon  assumpsit the case be land be devise to a feme sole for term of her life and  she let the same to the plaintiff for year to begin after the death of the say  woman and afterward by deed bear Leonard date September lease the same land to  the same plaintiff for year to begin at Michaelmas before and in plead it be  show that army pron  interrog  dimission posterioris the plaintiff enter to be  possess tomorrow michaelis which be before the make of the lease and the  plaintiff in his declaration declare that the defendant in consideration that  the plaintiff have assign to he the say lease have promise to pay to he l it  be find for the plaintiff cook for where the plaintiff in a action upon the  case declare upon two consideration in such case although the one be void yet  if the other be good and sufficient the action be maintainable but the damage  shall be give without respect have to the consideration insufficient and the  plaintiff be to declare upon both consideration for the assumpsit upon which  the action be conceive be in consideration that both the lease be assign to  the defendant and our declaration ought to be accord to the assumpsit and it  be not material although that one of the consideration be utter void another  exception be take because the lease be set forth to be make September and that  by virtue thereof the plaintiff enter cro mich then the plaintiff enter cro  mich be a seize and then be in by seize he can not assign his interest to  another and that appear clear to the court upon the whole matter but cook say  that shall not hurt we for it be but matter of surplusage to say army pron   interrog  c as h the plaintiff in trespass suppose by his declaration that the  trespass for which the action be bring commence h with a continuando until the  day of the action bring videlicet idem fever h where the writ bear date die of  the eighth month year h and exception be take to the declaration because the  continuance of the time be not put in certainty but the exception be not allow  for it be certain enough before the videlicet the day of writ bring and so the  videlicet be void and all that which follow upon it and so here this clause  army pron  interrog  be totum sequitur be entirely void h Br action upon the  case the writ be quare toloniam to carry away mock to loosen object exception  be take to the repugnancy for it will not be carry away if it be not pay  before yet the writ be award good and the first word toloniam to carry away  hold void so here in the principal case as to the other exception it be clear  that here be not any seize upon this entry of the plaintiff before the make of  the say lease for there be a communication betwixt the party of such a lease  to be make or of such a assignment and peradventure the entry be by assent of  the other part and then no seize and situation it shall Leonard be a seize yet  the plaintiff have assign all the interest quod ipse tune to have accord to  the consideration and deliver to the defendant both the indenture of demise  and so he have grant all that which he may grant and if it be a void  assignment or not be not material for wherever way data the consideration be  good and then the assumpsit good also Egerton solicitor contrary in every  action upon the case upon assumpsit three thing ought to concur consideration  promise and breach of promise and in this case the assignment of the lease to  begin after the death of the lessor be void be but tenant for life and no  consideration upon the confession of the plaintiff himself and upon the second  consideration it appear the lessor videlicet the wife who hold for life have  but a right to the land demise for she be seize for he to who the land be  after let enter before the lease be make for it do not appear that he enter by  force of any agreement make before the lease therefore by his entry he be a  seize it be also move that here be not any sufficient consideration for by a  bare or naked delivery nothing service and here be not any word of give or  grant to which it be answer that the delivery of the indenture be not a bare  bailment but a delivery to the use in the indenture and so it be plead and  therefore thereby a interest pass for such a delivery can be countermand a  indenture with a averment shall never make a estoppel Clench Leonard er p  justice if I deliver any thing to one for his proper use a interest passes but  if it be to the use of another no interest passes the party may have use but  not quality