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CHAP. XV. DISCONTINUANCE.
DIscontinuance is where a man that hath the present possession, by make∣ing a larger estate then he may, di∣vesteth the inheritance of the Lands or Tene∣ments out of another, and dieth, and the o∣ther hath right to have them, but he may not enter, because of such alienation, but is put to his Writ.
If a man seized in the right of his Wife, or if a Tenant in Tayle made a Feoffment, and died, the Wife might not enter, nor the Issue in Tayle, nor he in Reversion, but are put to the Waction.
Now the wife may enter by the Statute, 3: 2. H. 8. and a recovery suffered by the Te∣nant by curtesie, or by the Tenant after possi∣bility of issue extinct, or for terme of life, is now made no discontinuance.
Such things that pass by way of a grant by deed without livery, and seizin, cannot be discontinued as a reversion, or Rent-charge Common, &c.
A Release or Confirmation without War∣ranty, maketh no discontinuance.