Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke.

Michaelmas Term, 37, & 38. Eliz. Sawyer versus Hardy.

1. IN an Ejectione firmae, by Christopher Sawyer Plaintiff, against Ed∣mund Hardy Defendant, for a Messuage in S. Martins, upon a De∣murrer, the case was this.

A Lease was made of the said Messuage to one Margaret Sawyer for 40. years, upon Condition, that if the said Margaret should so long continue a Widow, she should dwell and stay in the same Messuage, the said Margaret continued a Widow, and dwelt in the same house all her life, and died during the said Term of 40. years, making the Plaintiff her Executor, and by award the Plaintiff had Judgment to recover: For by Popham, Gawdy, and Clench, this now was no Condition nor Limitation, for it hath no certain conclusi∣on upon the (that if) to wit, that then the Term shall continue, or that she shall pay so much, or otherwise what the conclusion shall be, none can ima∣gine: As if such a Lease be made upon condition, that if the Lessee does such a thing without other conclusion, it is a good Lease for 40. years, for none can imagine what the conclusion shall be in such a case, or that then the Lease shal be void, or that he shall re-enter, or that the Lessee shall forfeit so much, or what shall happen upon it, for which incertainty it shall be taken as a void Clause.

But by Popham, if it had been Sub conditione si tamdiu vixerit, it had been good to determine the Lease, but it is otherwise of the word (quod si) for the incertainty as before.

And they all agreed, that if the Lease had been for 40. years Si tamdiu sols viveret & inhabitaret in eodem Messuagio, that the Lease had been deter∣mined by her marriage, or death. In the same manner, as if it had been Si tam diu vixerit. And so in truth had been the case if it had been well plea∣ded, but by pleading the advantage therof was lost, and the truth not dis∣closed.

But by Popham, If a Lease be made for 40. years, if he shall dwell in the same for his life, there it is good for 40. years, upon performance of the Con∣dition, the diversity appeareth, to wit, where it is, if he shall dwell there du∣ring the Term, and where it is, if he shall inhabit there during his life.