case osborn against steward Trinity term James roll Qure if on the reservation  of a yearly rend and a heriot or forty shilling in lieu thereof the beast of a  stranger be on the land may be distrain from the heriot S c salk S c Lutw S c  Nell Lut S c law man App Plowd cro car Com dig Cowp trespass the case upon the  plead be this a lease be make of land for ninetynine year if Margery and  Dorothy Upton shall so long live reserve a yearly rend and a heriot or forty  shilling in lieu thereof after the death of either of they provide that no  heriot shall be pay after the death of Margery live Dorothy Margery survive  and be since dead the question be whether upon this reservation the beast of  any person be upon the land may be distrain for a heriot Mr pollexfen argue  that it can not because the word in the reservation ought to be take very  strict and not to be carry far than the plain expression modern er p where  word be doubtful they have be always expound against the lessor as if a lease  be make for year reserve a rend durante boundary to the lessor his executor or  assign and the lessor die his heir shall not have the rend a because it be  reserve to the executor modern but here be no room for any doubt upon these  word for if a lease for year be make in which there be a covenant that the  lessee shall pay the rend without any other word this determine upon the death  of the lessee so where a lease be make for ninetynine year if a b c or any of  they shall so long live reserve rend to he and his executor and also at or  upon the death of either his or their best beast in the name of a heriot  provide that if b or c die live a no heriot shall be pay after their death  Randall v scory cro car roll Abr hetley show Lutw Mod Mod b and a assign his  term and the beast of the assignee be take for a heriot it be adjudge that it  can not for the word his or their shall not be carry far than to the person  name in the limitation see ld ray Owen c the book which affirm that a man may  seize for a heriotservice a Richmond v butcher cro Elizabeth SC roll Abr but  see Surre v brown latch the case of Sacheverel v Froggart vent sand raym lev  and Mr hargrave   light note page a march Inst d can be bring as authority in  this case because they be all upon tenor between lord and tenant and not upon  particular reservation as this be the old book say brook Abr Heriot pl e that  if a tenant by fealty and heriotservice make his executor and die that the  lord may seize the best beast of his tenant in the hand of the executor and if  he can not find any beast then he may distrain the executor and the reason of  this seizure be because immediate upon the death of the tenant a property be  vest in the lord but it be hold always unreasonable to put he to distrain when  he may seize Plowd f and it be now hold that for heriotservice the lord may  either distrain or seize but then if be make a seizure it must be the very  beast of the tenant but if he distrain he may take any person cattle upon the  land cro car Jones see also show salk ld ray Bac Abr g so that admit this to  be law yet it prove nothing to this matter because such service be by tenure  shall not be extend to those which be create within time e of memory upon  particular reservation for by those ancient tenor the lord have many privilege  which can be upon reservation beside the seizure in those case be by the lord  who continue so to be at the very time of the seizure but in our case the  lease be determine by the death of the last life so the privilege be lose and  then it must stand upon the particular word in the deed say Adjournatur into  the exchequer Chamber the judge be divide in opinion Mr pollexfen argue this  case in the exchequer Chamber SC Nelson Lutw but it do not appear that any  judgement be give SC Lutw SC salk see the case of Lanyon v meat sand a