Page 7
XIX. Andrews and Glovers Case. Trin. 4 Eliz. Rott. 1622.
IN Trespass by Andrews against Glover, The Lady Mary Dacres being seised of the Mannor of Cowdam, by her Indenture bar∣gained and sold to the said Andrews, all those her Woods,* 1.1 Vnder∣woods, and Hedge-Rowes, as have been accustomably used to be felled and sold, standing, growing, being in, upon, and within the Mannor of Cowdam, &c. To have and to hold, &c. from the Feast of S. Michael last past, during the natural life of the said Lady Mary: And the said Andrews for himself, his Heirs and Assigns, doth Cove∣nant and Grant, to and with the said Lady, her Executors, &c. to con∣tent and pay, or cause to be contented and paid to the said Lady, her Executors, &c. yearly during the said Term, 10 l. By force of which Grant, he cuts down all and singular the Trees, Woods, and Vnderwoods in the aforesaid Mannor growing at the time of the making of the Indenture aforesaid. And afterwards the said Lady by her servants, felled all the other Woods and Vnderwoods grow∣ing in the same Mannor, after the said felling made by the said Andrews: Whereupon Andrews bringeth Trespass. And the Opi∣nion of the Court was clear, That after the Bargainee had once felled, that he should never after fell in the same place where the first felling was made, by force of the said Grant, notwithstanding the Rent yearly reserved, and notwithstanding the words of the Grant, viz. To have and to hold, during the life of the said Dame Mary. Wherefore the said Andrews durst not Demur, &c.