Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen ElizabethReilly, S. A.
History
Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen Elizabeth
Reilly, S. A.
Law -- England -- History
except only "to themselves (by their names) for ever;" but if
those words had been wanting, it would have been clear enough
that the consideration of seven thousand pounds had been
sufficient, &c. for the law intends a sufficient consideration
by reason of the said sum; but when the use is expressed
otherwise by the party himself, it is otherwise. And also the
warranty in the deed was "to them, their heirs, and assigns, in
form aforesaid," which is a declaration of the intent of Wilkes,
that the feoffees shall not have the use in fee simple; and it
may be that the use, during their three lives, is worth seven
thousand pounds, and more &c. And suppose that the feoffment had
been "to have to them and their heirs to the proper use and
behoof of them the feoffees for the term of their lives for
ever for seven thousand pounds," would they have any other
estate than for the term of their lives in the use? I believe
not; and so in the other case.
A last example of a case concerning consideration is that of
Assaby and Others against Lady Anne Manners and Others. The
court reporter characterized the principle of the case as: "A.
in consideration of his daughter's marriage covenants to stand
seised to his own use for life, and that at his death she and
her husband shall have the land in tail, and that all persons
should stand seised to those uses, and also for further
assurance. After the marriage he bargains and sell with fine and
recovery to one with full notice of the covenants and use; this
is of no avail, but on the death of A. the daughter and her
husband may enter." The court reporter summarized this case as
follows: A. was seised of land in fee, and in consideration of a
marriage to be had between his daughter and heir apparent, and
B. son and heir apparent of C. he covenanted and agreed by
indenture with C. that he himself would have, hold, and retain
the land to himself, and the profits of during his life, and
that after his decease the said son and daughter should have the
land to them and to the heirs of their two bodies lawfully
begotten, and that all persons then or afterwards seised of the
land should stand and be seised immediately after the marriage
solemnized to the use of the said A. for the term of his life,
and after his death to the use of the said son and daughter in
tail as above, and covenanted further to make an assurance of
the land before a certain day accordingly &c. and then the
marriage took effect; and afterwards A. bargained and sold the
land for two hundred marks [2,667s.](of which not a penny is
paid) to a stranger, who had notice of the first agreements,
covenants, and use, and enfeoffed divers persons to this last
use, against whom a common recovery was had to his last use; and
also A. levied a fine to the recoverers before any execution
had, and notwithstanding all these things A. continued
possession in taking the profits during his life; and afterwards
died; and the son and daughter entered, and made a feoffment to
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