Page 306
Sect. 478. Fo. ••79. a.
Note, that where the Law in one case, doth give a man severall remedies and of severall kinds, there is a great art and knowledge for him to chuse his aptest remedy. 28. E. 3. 98. 9. E. 4 46. 21. E. 4. 55. 41. E. 3. 10. 2. H. 4. 12. 41. E. 3.
A man makes a gift in tail, the remainder in fee, Tenant in tail dieth without issue, an estranger intrudes, and he in re∣mainder brings a Formedon, and recovered by default, and makes a Feoffment in fee, the intrudor reverse the recovery in a writ of desceit and entry, he shall detain the Land for ever, and the Feoffee shall not have a writ of right. And so likewise if a disseisor die seised, and a stranger abate, and the disseisee release to him, the heir of the disseisor shall enter, and detain the land for ever. 9. H, 7. 24.
Dormit aliquando jus, moritur nunquam; Right may be troden down, but never troden out, for where it hath been said, that a release of right doth somewaies enure by way of extinguishment; it is so to be understood, either (as Lit∣tleton doth here) in respect of him that makes the release, or in respect that in construction of Law, it enureth not alone to him to whom it is made, but to others also, who be estran∣ger to the release, which as hath been said, is a qulaity of an inheritance extinguished.
As when the heir of the disseisor is disseised, and the dissei∣sor make a Lease for life, the remainder in fee, if the first disseisee release to the Tenant for life, this is said to enure by way of extinguishment, for that it shall enure to him in re∣mainder, who is a stranger to the release, and yet in truth the right is not extinct, but doth follow the possession, viz. The Tenant for life hath it during his time, and he in remainder to him and his heirs, and the right of inheritance is in him in the remainder. 14 H. 8. 6. b.