Reports of that reverend and learned judge, Sir Humphry Winch Knight sometimes one of the judges of the Court of Common Pleas : containing many choice cases, and excellent matters touching declarations, pleadings, demurrers, judgements, and resolutions in points of law, in the foure last years of the raign of King James, faithfully translated out of an exact french copie, with two alphabetical, and necessary table, the one of the names of the cases, the other of the principal matters contained in this book.

The Countess of Barkshire, and Sir Peter Vanlore in Dower.

IT was agreed clearly in Dower, between the Countess of Barkshire and Sir Peter Vanlore, that if the Tenant plead never seised to have Dower, and in ve∣rity the husband of the demandant had an estate, but that was by disseisin, which is avouched by the entrie of the deseissee, who had a title paramont this is no title, by which she may have Dower, though they are at issue upon this plea, and also it was agreed, that if a man had a good estate by bargain and sale from him who had right to alien that, and yet after he accepts a fine upon conusance of right as that &c. from the other partie, though in this case this be a conclusion to the parties between whom the fine was, to denie that the land was of the gift of the Conusor, and so that he was seised; yet it is not any conclusion to the jurors to finde the verity of the matter in fact, and that he had nothing of the gift of the Conusor; al∣so it was agreed in that case, if a man held lands in capite, and others in Soc∣cage, and he made a devise of all his fee simple lands, and left only his lands in tail to descend to the heir which doth not amount to a full third part, this is a good devise of all the fee simple lands: and this case was also admitted, that where the Lord Norrice gave land to Sir Edward Norrice his youngest son, and to the heirs of the bodie of the father, and then the Lord Norrice died, and after Sir Ed∣ward died without issue, that the son of the eldest Brother who was then dead, shall take that as heir in tail, and that he in this case had that by a descent from Sir Ed∣ward Norrice his Vncle, which also doth clearly prove, that in this Sir Edward Norrice son of the Lord Norrice was in this case Tenant in tail.