Reports of that grave and learned judge, Sir John Bridgman, knight, serjeant at law, sometime chief justice of Chester to which are added two exact tables, the one of the cases, and the other of the principal matters therein contained.

Hilar. 13 Jac. Crawley against Marrow.

IN an Ejectment upon a Lease by Robert Faldoc, dated the one and thir∣tieth day of August, the thirteenth year of King James, of two Houses, two Orchards, forty acres of Land, ten of Meadow, and fifty of Pasture, in Bridgenorth, Habendum from the tenth day of the said month for three years, whereupon the Plaintiff was possessed untill the Defendant the eighth of October in the same year did enter and eject him, ad damnum, &c.

Vpon not guilty pleaded.

The Iury found the Defendant not guilty, for all except one House and five acres of Land, and found further, that before the said time, the twentieth day of Decemb. 11 Eliz. Rowland Hayward Knight, was seised in Fee of the said one house and five acres of Land, and ten of Meadow, and being so seised thereof, did enfeoff John Day and Robert Marshall in Fee, to the use of John Whitbrooke and Margaret his Wife in Taile, the remainder to the right Heirs of John Whitbrooke, and that the last of January, 12 Eliz. John Whitbrooke did enter into a Re¦cognizance of a thousand pounds in the Chancery to Richard Faldoe, which money was not paid to Richard in his life time.

That John Whitbrooke and Margaret had issue John Whitbrooke Knight, and after and before the fourteenth of January, 8. Jacob. died, and before the said day Richard Faldoe made his Will, and did make Amphillis his Wife, his Executor and died, and Amphillis did make Robert Faldoe Esquire, and Thomas Shepheard Knight, her Executors and died, who undertook the Executorship, 14. Jan. 8. Jac. Robert Shep∣eard and Faldoe had a Scire facias to the Sheriff of Middlesex, to have execution of the Recognizance, whereupon John Whitbrook was return∣ed dead, whereupon they had a Scire facias against the Heir and the Ter∣tenant, whereupon John Whitbrook was returned Heir and Ter-te∣nant, who pleaded that he had no Land that was the Conusors at the time of the Recognizance, or ever since by hereditary descent from the Conuzor in Fee, and said that he ought not to be charged as Ter-tenant, because he hath no Freehold that was the Conusors.

The Plaintiff replyed, that the said John Whitbrook had divers lands by descent from the said Conuzor, viz. A house called the Hospitall, thirty seven Tenements or Messuages, five Cottages, one Tost, one Dove-house, thirty nine Gardens, six Barns, fifty four acres of Land, thirty nine of Meadow, and thirty six of Pasture in Bridgnorth, and that the said John Whitbrook was Tenant of the Premisses as of his Freehold; whereupon Issue was joyned, and found for the Plaintiffs, and adjudged that they should have execution against Sir John Whit∣brook, whereupon the Sheriff was commanded to deliver the said lands to the Plaintiffs in execution, and the sixteenth of June, 12 Jacob. the said Tenements were found to the value of eighty shillings, and were delivered to the said Executors in execution.

The twenty seventh of March, 11 Jacob. Hanging the Writ of Scire facias, the said Sir John Whitbrook did demise to the Defendant one

Messuage and ten acres of Meadow, parcell of the premisses Habendum from the said twenty seventh day for the term of three years, by force whereof he entred and was possessed.

The sixteenth of June, 12 Jacob. the said Executors did enter into the Tenements in the Inquisition mentioned, whereof the said Messuage, five acres of Land, and ten of Meadow are parcell, and did out the De∣fendant.

The one and thirtieth of August, 13 Jacob. Robert Faldoe made the Lease to the Plaintiff, and they found the Ejectment, and prayed the advice of the Court.

And I conceive Iudgment ought to be given against the Plaintiff.

For that a Tenant in Taile cannot charge the Land no more then he can alien, 3 Ed. 3. 46. so in the 18 Ed. 4. 5. 21. If Tenant in Taile do sell the Trees and dye, the Vendee cannot have them, and the 17 Ass. 21. Tenant in Tail acknowledgeth a Statute and dies, the Issue en∣ters, and the Conusee does sue execution and enters, and the Issue brings an Assise and recovers, because this is a Disseisin to him, and 11 H. 7. 21. 31 Ed. 3. 22. 14 Ass. 3. Tenant in Tail grants a Rent and dies, and the Issue enfeoffs a stranger, adjudged that he shall hold the Land discharged, for it was discharged by the entry of the Issue, and 26 Ass 38. If Tenant in Tail doth charge the Land and dye, and the Issue enters and p••yes the Rent, and then after confirms the Rent, this is good: But in Brook Grants 73. contrary, for the charge was avoided by the entry of the Issue.

But admit that this Recognizance shall bind the Issue in Tail, yet it shall not bind the Termer, but he shall avoid it, 1 H 7. 9 7 H. 7. 11. and in the 30 Assise 10. the Tenant pleads recovery by Action tryed a∣gainst a stranger, and did aver the Estate of the Ancestor of the De∣mandant to be between his Title and the Recovery, the Demandant said, that the stranger was enfeoffed with Warranty, and did not plead this, and so did Fauxesie, and Iudgment was awarded for him.

And although that this Lease was made after the Teste of the Scieri fa∣cias, it is not materiall, because the Lessor had good power to make a Lease, and the Land was not subject to the execution, and therefore the Lease here is good and cannot be avoided, but only by the default of the Lessor in not pleading the Estate-tail, and that is especially aided by the Statute, because the Statute does aid the Lessee against such f••ign∣ed Recoveries against the Lessor, and it is no Recovery untill the Iudg∣ment had, at which time the Lessee had a good Lease not subject to the execution, 21. H. 6. 13. & 14. He who comes to the Reversion, hanging the Praecipe quod reddat against the Tenant for life, shall be received by the Statute of Westm. 2. cap. 3. and 16 H 7. 5. In a Writ of Entry or Disseisin, he in the remai••der does pray to be received, the Deman∣dant traverseth that he hath nothing in Reversion at the time of the Writ purchased, and could not, for if he purchased the Remainder hanging the Writ, he shall be received.

And Hill. 14 Jacob. All the Court did agree,* 1.1 that the Lessee for the Lease made after the Verdict against the Issue in Tail, could not falsi∣fie, wherefore Iudgment was given for the Plaintiff.

Notes

• * 1.1

  Judgment.