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THe Case was: John Stampe being possessed of a Term for years granted the same to Thomas Stampe his Brother 12 May 20 Eliz. And afterwards, 8 Octob. 21 Eliz. he himself being in possession of it, Mortgaged the same to one P. who suffer∣ed him to continue his possession: Thomas Stampe granted his
Estate to John Stampe, who mortgaged the same to one G. who suffered the said John Stampe to continue in possession until 10 December, 22 Eliz. G. entred, John Stampe came to the said P. and requested him, that he would grant all his Estate to B. and C. to whom the said John Stampe was endebted for security of their Monies; To whom the said P. said, That if he would find him any other surety for his Debt, he is contented so to do. And John Stampe offered to the said P. the said B. and C. and he accepted the same, and at the request of the said John Stampe, granted his Interest to them 2 Feb. 22 Eliz. P. having notice of the Grant before made to the said G. Vpon which G. enformed against P. upon the Statute of 32 H. 8. It was holden in this Case by Periam and Meade, Iustice, That P. was not within the penalty of the Statute: For P. granted his Interest to B. and C. at the suit and at the request of John Stampe, who was the Mortgager, for assurance of his Debt which he ought to them; And therefore it shall not be intended, that that Grant was made for any mainte∣nance, or for any unlawful cause against the Statute. And also John Stampe who granted unto P. had possession, and received the Issues and Profits of the said Lands for a whole year before the Grant, notwithstanding that he was not in possession by a whole year next before the day of the date of the Grant.* 1.1 As if a Man be in possession, or hath received the Issues and Profits for a whole year, and afterwards a stranger enters upon him, and hath the possession for the space of a Quarter of a year, or half a year; yet he who was in possession by a year before, may grant his Interest without danger of the Statute, &c.
Godb. 450.