case GYMLETT against sans Trinity term car roll if a verdict find a feoff by a  father who be tenant for life with remainder to b his son and warranty to the  plaintiff and that b be his only son by such a wife without find that he be  heir to the feoff the warranty shall not descend to bar b s remainder for be  shall not be intend heir as his father may have a elder son by a former wife  say quaere if husband and wife be seize for life remainder to their son in  tail with a fee expectant and the husband make a feoff with warranty and die  and afterward the wife and the son join in a fine it be a forfeiture of her  estate for life although she do notknow of the warranty ante ejectment of a  lease of Hugh Boscavele by a special verdict it be find that Humpbry Martin be  seize in fee and have issue John Martin by Hebell his wife who by indenture in  consideration of love to his say wife and to John their sol and heir apparent  and to settle the land upon he and his heir feoff croak car a b and other to  the use of himself for life without impeachment of waste and after to his wife  for her life and after to the use of the say John Martin and the heir male of  his body remainder to his right heir afterward the say Burgundy in the James  feoff John smith by indenture with warranty against all person and afterward  in the car die Hebell the wife enter John the son enter upon John smith and  feoff Boscavele the lessor with warranty John smith enter then Boscavele the  lessor enter and make the lease in the declaration mention the defendant as  servant to John smith enter and ousts he they find that the say Hebell be yet  alive et si super totan means c roll hereupon argue for the plaintiff first  chat the lessor of the plaintiff have good title for be claim by the wife and  the son which son have good title to the remainder clear and the wife have a  good estate for her life and they have a good title to enter and feoff the  lessor of the plaintiff unless it be by reason of this warranty and it be not  find that the son be heir to this warranty of the father for although it be  find that the say Burgundy have issue by the say Hebell his wife the say John  in remainder unicum son suum yet it be not find that lie be heir and it may be  that he have other elder son by a former venture and the court will not intend  a warranty by supposition second this feoff by the wife join with John who  have the remainder be no forfeiture without find that she have notice of the  feoff and warranty for as in Mallorys case bargainee by deed enrol shall not  enter upon the lessee for nonpayment of the rend unless it be show that he  have notice and so   a Francis case Maynard to the contrary for the defendant  first he shall be intend heir rather than otherwise in a special verdict  because it be find that he have he unicum son suum and it shall not be intend  there be more son without show second that it be a forfeiture for she ought to  have take notice at her peril when none be bind to give notice as here none be  bind and there be a difference betwixt a condition and this voluntary act of  the feoff which be a forfeiture Jones and Berkley justice afterward deliver  their opinion that this warranty be no bar because it be not find that he be  heir and the rather it shall be intend that be be not heir because it be a  collateral warranty which be not to be b this case be move again and after  argument by the judge seriatim a consultation be award post croak car er p  favour a and it may be that he have elder son by another venture or there may  be a attainder but I hold the contrary that the verdict in this point be well  enough and find he heir for it be find that the indenture call he son et to  hang suum exposed to the air and a plurality of son shall not be intend and in  a special verdict intendment suffice especial as this case be because if he be  not heir there be no colour to have a special verdict   Goodales case that the  verdict shall be take by intendment croak car for the second point they all  resolve that if the warranty have be well find it be apparent that the estate  of the son be bind and her join in a feoff with the son be a forfeiture as if  she have join with a stranger who have nothing to do therewith and that she at  her peril ought to take notice of the say feoff because the delivery be a  public and notorious act and the feoff be a forfeiture at the commonlaw and it  be not like a condition which be take strict and she ought at her peril to  take notice of this act upon the land none be bind to give her notice  wherefore as to this point they all agree but upon the first point they will  advice case memorandum upon the that of February car A D about the hour of  eleven in the forenoon sir Thomas Richardson knight chief justice of the king  bench die at his house in Chancerylane and all the writ which be seal that day  bare testae Thomas Richardson and all those which be seal the next day bare  testae William Jones be be second justice of the king bench a