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.

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Title: 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.
Author: Popham, John, Sir, 1531?-1607.
Publication: London :: Printed by Tho. Roycroft for John Place and are to be sold at his shop ...,; 1656.
Rights/Permissions: This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.
Subject terms: Law reports, digests, etc. -- England.
Cite this Item: "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." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A55452.0001.001. University of Michigan Library Digital Collections. Accessed May 16, 2024.

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The same Term in the same Court. Thurman versus Cooper.

IN an Ejectione firmae brought by John Thurman against William Cooper, upon the whole matter the case was thus: Lands were given to a man and woman (who afterwards inter-marry) and to their Heirs and Assigns, Ha∣bendum to them and to the Heirs of their two bodies engendered, the remain∣der to them and the Survivor of them, with warranty to them and their Heirs and Assigns for ever. And the question was what Estate this shall be? whether an Estate-tail or Fee-simple? or a Fee-tail with a simple Expe∣ctant? And it was said that this shall be an Estate-tail only, for the Haben∣dum qualifies the generall words precedent, and with this agrees Perkins 35. b. and Co. lib. 8. 154. b. Althams case: But it was answered and resolved by the whole Court, that this is a Fee-tail with a Fee-simple expectant; and they observed these Rules.

1. That every Deed shall be taken most strong against him that made it.

2. That every Deed shall be construed according to the intent of the ma∣ker, so that all the parts may be effectuall if they can stand together with the Rules of Law, 40 E. 3. 5, Percy saith, that it is a Fee-simple, 21 H. 6. 7. that it is an Estate-tail with a Fee-simple expectant, Dyer 160. and Plow. Paramore, and Yardleys case, the Law shall make an order of words where there is no order put by the parties; and the words after the Remainder li∣mited, are Tenendum de Capitalibus Dominis feodi, &c. and therfore it ought to be a Fee-simple, for if it were a Fee-tail, he should hold of the Donor, as it is in Co. lib. 6. Sir John Molins case, and other Books: And although the Warranty cannot inlarge an Estate, yet this expresses his intent to passe a Fee-simple, and the Law shall make a construction that the Fee-tail shall precede, upon which the Fee-simple shall be expectant, according to that which is before said, in Paramore and Yardleys case.

Doderidge, If the Habendum had been to a stranger, the Premisses had been but a Tail, as 7 H. 4. for otherwise the Habendum shall be void: But if Land be given to one and his Heirs (viz. In Tail) or if the said Donce dye without Issue of his body, this had been but an Estate-tail only, because it immediatly checks and confirms the Premisses, to which Haughton a∣greed, Et adjournator.