case bustard against coulter Michaelmas term Elizabeth roll husband and wife  levy a fine of the moiety of a manor of which they be seize to they and his  heir this moiety be afterward convey to a in fee who exchange it with b for  the four part of another manor in fee after the death a by car c S a estate  pur autre v j shall he devisable by will in write sign by three witness and if  no devise he make thereof shall he Chargeable in the hand of the heir if he  take it as special occupant or by descent and if there he no special occupant  it shall he asset in the hand of the executor or administrator of the grantee  and by Geo c S he apply and distribute in the same manner as the personal  estate of the testator or intestate see also   light b note Peer win in  notorious facts Fearne count Rem and the Geo c S croak Elizabeth er p of the  husband the wife enter upon b and thereby defeat the exchange b may enter upon  a and regain his former estate post more yely wood con sheep touch atk Bl Rep  a bargain and sale of the moiety of a manor hahendum the say moiety to W g  without mention any person in the premise be good if it appear by the plead to  who the bargain and sale be make post trespass upon demurrer the case be that  jasper dorm be seize of the moiety of the manor of ilbury to he his wife and  his heir levy a fine thereof to bastard the now plaintiff who convey it to W  Gregory in fee who convey it to Darston and Shelton in fee and they exchange  this moiety with the plaintiff for the four part of the manor of Barton in fee  this exchange be execute afterward jasper dorm die Justina the wife of jasper  enter into the moiety of the manor of ilbury and defeat the exchange for her  life the plaintiff enter into the say four part of the manor of Barton give in  exchange and be oust bring trespass and whether this entry be lawful be the  question and all the court hold that he may enter for the exchange be total  and utter defeat as well where parcel of the estate be defeat especial be a  freehold as it shall he where parcel of the land give be def eated as Edward  be for it will he very bare where one give a possession in exchange and that  shall he defeat by any estate for life or by a lease for year of the one part  and a bare reversion shall only he leave he that he shall content himself  therewith and have nothingduring the time of the eviction wherefore in regard  the exchange be intend for the mutual benefit and advantage of either party  and one of they have it not where part of the estate be defeat and a dry  reversion only leave he therefore the exchange be defeat for ever and although  it he clear that a acre in possession may be give in exchange for the  reversion of another expectant upon a lease for life or for year where no rend  be reserve and that it shall be good for they so take it and no party be  deceive yet it be not like the case in question for here he take it as in  possession not know of any such title of eviction but if he have recite that  he have a reversion expectant and give it in exchange and the other have  accept thereof it have be good and therefore Popham say if he in reversion  exchange his reversion for a possession it be good but if he in reversion  seize his tenant for life or ousts his tenant for year and make a exchange in  possession for land in possession if afterward tenant for life or year reenter  the entire exchange be defeat so if tenant in tail reversion to his right heir  bargain and sell the land in fee whereby the bargainee have a fee for the time  if he exchange with another for land in possession and afterward the croak  Elizabeth tenant in tail die and the issue in tail enter and defeat the  exchange for his time there be no doubt but that the entire exchange be defeat  quod coke attorneygeneral who be of counsel with the defendant agree to for a  reversion expectant upon a estate tail be esteem of no value for it may be cut  off by a common recovery which be the reason that it be adjudge in doilies  case that such a reversion be not asset in debt orformedon and in Billing and  tram pps case Elizabeth that a reversion upon a estate tail be not asset in  aformedon but he say that for a reversion upon a estate for life it be  otherwise and therefore a eviction for life or year shall not defeat the  entire exchange because the law account the great part of the exchange to  remain and in proof thereof he cite ass pl that where part of one parceners  part be evict for life that shall not defeat the entire partition which be  like to the case of a excliange but the court deny it to he law for they all  hold that the entire exchange be defeat and give rule to enter judgement for  the plaintiff by such a day unless other cause be then show and then coke move  for the defendant that the replication be not good because the estate be  convey by fine with a render to Justina the feme and it be not show that this  fine be execute by entry and it be clear that this fine be always executory  and therefore a to know facias lie upon it and for that cause until it he  execute by ent nikil service and although it he allege by force whereof ry she  be seize c yet that help not croak Elizabeth er p second it be plead qubd per  quandum indenturam c he bargain and sell the moiety of the manor of ilbury  hahendum the say moiety to W Gregory in fee so in the premise of the deed the  bargain and sale be not to any person and then although the hahendum be to W  Gregory yet that shall not help for the office of a hahendum be only to limit  a estate and not to give any thing and there ought to be grantor and grantee  in the premise of the deed otherwise it be void and although it he plead that  the indenture be hetween bustard on the one part and W Gregory on the other  part yet that shall not help for intendffients avail not but it ought to be  express show in the deed to who the grant be make three because it be plead  army pron  interrog  he be seize and say not v igore to cause to stand  deusibus c as the common plead be and all the court deliver their opinion  several that for the matter in law they hold that the exchange be entire  defeat by the eviction of the estate for life because that part of the  consideration be defeat and although it be allege that he have notice of the  estate for life by intendment because he be the first that purchase from  jasper and that the land by that mean come unto he ebb that be not material  because non constat at the time of the exchange make unto he but that the  estate for life may have be determine by release or otherwise but if it have  be particular mention it may peradventure have be otherwise but as to the  plead they hold that it be not good for first he can be say seize upon a fine  surrender without a entry allege and the plead by force whereof he be seize  croak Elizabeth c do not supply the entry but upon a fine sur conusance c come  Ceo c it be otherwise for that be execute second that the bargain and sale by  indenture without express to who although it be hahendum to W Gregory who be  party to the deed be not good for the reason before allege as to the three  exception they hold the plead to he well enough for although the usual manner  be to say v igore to cause to stand yet it be a general statute the court  ought io take conusance thereof and therefore good but because the record be  not in court and it appear not how these exception come to the end of the case  they will advice a vide