ccclxiii weston and GARMONS case assize assize be bring of a rend of fifty  pound per annum and the plaintiff make his plaint to be seize of his freehold  in h e and h W and show that John Vaughan and any his wife who before be the  wife of one Weston and mother of sir Henry Weston the plaintiff in the assize  be seize of the say manor of h W and h e lie in Barton and Kinton in fee and  Elizabeth a fine be levy betwixt Robert Vaughan and mile Whitney complainant  and the say John Vaughan and any his wife and Francis their son deforceants of  the say two manor inter alian per nomen of the manor of h e and h W and of  fifty message three hundred acre of land two hundred acre of meadow cum  appurtenance in the say town by which fine the say deforceants do acknowledge  the right of the say manor and tenement to be the right of the complainant  come Ceo c with warranty of the say husband and wife for which the complainant  do render a rend of fifty pound per annum with clause of distress in speech  manor to the say John any the heir of any and also render the tenement  aforesaid with the appurtenance to the say John and any for their life the  remainder to the say Francis their son in tail the remainder to the say any  and her heir and that John and any die by force whereof the say rend descend  to the say plaintiff as son and heir of the say any and that the say Francis  enter into the say manor as in his remainder and be seize in tail and be seize  of the say rend by the hand of the say Francis and afterward thereof do feoff  the say Garmons the defendant c the tenant plead that the plaintiff be never  seize so as he can be seize and if c nul for nul seize which be find for the  plaintiff who have judgement and execution upon which the tenant bring a writ  of error Stephens assign error first the fine be levy of two manor inter alian  so as no other land pass by the fine beside the manor and so the rend be grant  out of the say land and manor and no other land which pass by the fine and  then upon the plaintiff own show it appear that all the tenant of the land  charge with the rend in demand be not name in the assize second error this  rend be grant only out of the estate tail for any have fee in both as well the  rend as the land and then when the Leonard estate tail be determine the rend  be also determine and he have not aver the life of the tenant in tail or any  of his issue wherefore it shall be intend that he be dead without issue and  then the rend be go and then he have not any cause to have assize Bourchier as  to the first conceive and argue that it be not error for although these word  inter alian c yet it shall not be intend that the conusor have any other land  or that the rend be issue out of other land than those two manor which be  express not inter alian as to the second the continuance of the tail needs not  to be aver for the tenant in tail have feoff the tenant of the land by which  the estate tail be discontinue and although the tenant in tail be dead without  issue yet the rend do remain until recovery of the land by formedon in the  remainder Fenner justice be of opinion that the per nomen shall go unto the  manner only Leonard er p and shall not extend to the inter alian for if a man  in plead say that I S be seize of twenty acre of land and thereof inter alian  do feoff he per nomen of Greenwead the same shall not have reference to the  inter alian but only to the twenty acre and the averment of the continuance of  the tail needs not for the estatetail be discontinue gawdy justice be of  opinion that the per nomen shall go as well to the inter alian as to the two  manor and then all the tertenants be not name in the assize and the same not  to be plead for it appear of the plaintiff own show and there needs no  averment of the continuance of the tail for the cause aforesaid Clench justice  the per nomen do refer to all which see by the fine which show that other land  pass by the fine than the say two manor and as to the second point be say  there need no averment gawdy as to the first error the same can be save by any  way but to say that the conusor be not seize of any other land than the say  two manor and then the fine do not extend unto it and then no rend be grant  out of it Fenner in the common plea in the great case of fine it be hold that  in plead of a fine it needs not to say that the conusor be seize for if the  conusor or conusee be seize it be sufficient for such plead be contrary in it  self for a fine sur conusance de law come Ceo c do suppose a precedent gift it  be also object that here be a confusion in this fine for the rend be render to  the husband and wife and to the heir of the wife and the land be render to the  husband and wife for their life the remainder to Francis in tail the remainder  to the wife and her heir and these matter can stand together in a fine but the  one will confound the other but as to that it be say that the law shall  marshal these two render so as they both shall stand and it be not like unto a  rentservice for a rentservice issue out of the whole estate and therefore if a  remainder upon a estate for life escheat the signiory be go even during the  life of the tenant for life which see h contrary of a rentcharge for if the  grantee of a rend in fee purchase the remainder of the land out of which it be  depend out of a estate for life be shall have the rend during the life of the  tenant for life and of that opinion be all the three justice for the conusors  take by several act and the estate be charge for it come under the grant  Fenner justice there be a difference betwixt a rend service and a rentcharge  or common for that shall charge only the possession but a rentcharge shall  charge the whole estate and therefore if he who have a rentservice release to  he in the remainder upon a estatetail or for life the rend be extinct which  gawdy deny and this case be put the disseizee do release to the lessee for  year of his seize nothing service but if the seize and disseizee join in a  release to such lessee the same be good for first it shall enure as the  release of the seize and then of the disseizee c cro Vaugh Rep Leonard mich  Elizabeth in the king bench