king seiseth the land pro vita viri, the king hath but a chattle, and the wife the freehold: for if a stranger enter, and the husband die, the wife shall have an assise *.

2. Likewise it will seem strange, though in law and reason it be true, that a man should be remitted to his land to some intent, and yet not to another. As if a recovery be had upon a false title against tenant in tail, the tenant in tail dieth, the issue entereth, he is in of his first right against all but only the recoveror. So if + tenant in tail discontinue, and his son and heir apparent disseiseth the discontinuee to the use of the father; the tenant in tail dieth, the son, by M. Choke's opinion, is in his remitter against all, but only the discontinuee; the issue in tail which hath good cause of a formedon in the descender, is of covin that A. should disseise the discontinuee against whom he recovereth; he shall not be remitted in respect of him, but

12. E. 4. 21. per Choke, & vide 7 R. 2. tit. Entre in le Per, in le collect. de Bellew.

shall be accounted a disseisor; * but against all others it seemeth that he is remitted. Tenant in tail maketh a feoffment to the use of his wife, and his son being heir apparant to the in tail dieth, the issue is remitted against all persons but only the woman †.

A title may be executed to some intent, and yet not executed to another: and, therefore, if there be tenant for term of life, the remainder in fee to a stranger, against whom a recovery is had pro loco & tempore in a warrantia charte, brought by a stranger of other land, he in the remainder dieth, the recoverer is impleaded and voucheth the heir of him in the remainder, and recovereth; tenant for life dieth, execution shall be sued against the heir of the land whereof his ancestor had a remainder, because there was a remainder executed in the father to this intent at the time of the warrantia charte brought: but to all other intents it was executory,

18. H. 8. 5. 15. E: 4. 4.
15. E. 4. 13. per

+ 4. E. 6. 68. Dyer. Littleton

for it was not executed that the wife might be endowed, nor for him in the remainder to bring a writ of right, * but the remainder in such cases is to some intents executed; for if he in the remainder had aliened his remainder in mortmain, the lord might have entered, †and upon such a remainder the lord may have a Cessavit, but the heir shall not have an assize of Mortdancester §.

4. A thing may be extinct or in suspence in one respect, and in Esse in another respect: the father being tenant in tail alieneth the land with warrantry, and hath a rent charge in fee, issuing out of the land of his son and heir apparent, which rent descendeth to the son; this rent is a good asset for the value in respect of the discontinuee, and yet it is extinct in respect of the issue. A man seised of a rent service is bound in statute staple, and

*40. E. 3. 43.

15. E. 4. 13.

27. E. 3. 87.

39. E. 3. 3. Mortdancester 50. F. N. B. 196. k, || 31. E. 3. Garranty 39.

after purchaseth the land, out of which the rent is issuing, after execution, the rent is extinct, as to the conusor, but in Esse as to the conusee; * a corody is granted to J. S. for life, who granteth it back to the granter for term of years rendering rent, the corody is in Esse as to the payment of the rent, but in suspence as to the taking of the corody.

And it was lately ruled in one Caire's case, in the Court of Wards, that if a man held land of the queen by a certain rent, and the queen granteth the rent to a stranger, who granteth it to the tenant, the rent is extinct as to the payment, but in Esse as to the tenure. The king seised of a forest, granted the office of the forester to one rendering rent, and he granteth the forest to another, the forester forfeiteth his office, yet the grantor shall have the rent; so that it must needs be that the office to the intendment of law is to that intent in Esse. And if a man grant to another a

* 4. Eliz. 205. Dyer.

+ 20. E. 4. 12. 22. E. 4. 17, 18. 26. Ass. p. 60.

rent out of his land in fee, upon condition that if the grantee or any of his heirs die, their heir being within age, the rent shall cease during the minority; if the grantee die, his heir within age, his wife shall have dower, but cessabit executio during the nonage: *but in this case it seemeth that if the heir die during his nonage, the wife of the heir shall not have dower of the rent; because it was never leviable by the son, as it was by the father. A man seised of two acres of land hath issue two daughters and dieth, now the rent is in suspence, as to one moiety, and in Esse as to another moiety +.

5. The intendment of the law is as strong in a matter of law as the truth itself in a matter in facto: and, therefore, if A. be disseised, and his brother maketh a release with warrantry to the disseisee, and afterwards entereth into religion, this warrantry shall be a bar to A. although that he be living for A. may have his land

10. H. 7. 13. per Keble.

+ 9. E. 3. Charge 4. 9. Ass. p. 22.

34. E. 3. Garranty 72.