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CCLXXXIII. Chard and Tuck's Case. Hill. 30 Eliz. In the Kings Bench.
* 1.1IN an Ejectione firmae by Chard against Tuck, It was found by special Verdict, That A. was seised of a Messuage, and of a Curtilage, and of a Garden to the same belonging in Fee; and that the Curtilage was on the back side of the said House, and the Garden next beyond the said Curtilage, the Garden being divided from the Curtilage by a Wall, and a Door through the Wall into the Garden from the said Curtilage, and no Way to either of them, but through the House. And it was further found, That the said A. by his Will devised the said Messuage to B. The Question was, If by that Devise, the Curtilage and Garden did pass. Vide inde Br. 23 H. 8. Feoffments, 53. Where a Feoffment is made of such a Messuage cum pertinentiis, they shall pass. Curtilage, is a member, at the least an Appendix of a Messuage. And by the clear Opinion of the whole Court in the Case at Bar, It was Resolved, That by this Devise, the Curtilage and Garden did pass.
And it was said by Wray, Chief Iustice, It matters not, Whe∣ther the Curtilage and Garden be before the House, or behind it; for in both Cases they shall pass.