the issue in tail is not barred if he claims within five years after the death of the tenant the tail. 3 Co. 87. b.

So, if tenant in tail be disseised, and the disseisor levies a fine, and tenant in tail, or his issue, claims within five years after the fine. 3 Co. 87. b.

So, if the fine by tenant in tail was not with proclamations, but a fine at common law, it is not a bar.

So, if tenant in tail levies a fine sur grant et render, the issue may avoid it, if the father dies before the fine is executed. 3 Co. 89. b.

So, if tenant in tail, upon a fine, grants and renders a rent out of the land entailed, the issue is not bound by it: for the fine was not of the land itself, but of a rent newly created. R. 3 Co. 90. a. Semb. Dy. 213. b. Bend. pl. 141. Pl. Com. 435. b.

So, if tenant in tail has issue two sons, and the eldest levies a fine, and dies in the life of his father; the youngest shall not be barred: for he does not claim by his eldest brother, nor need mention him in his pedigree. Per Periam, Mo. 252. R. 2 Cro. 689. R. Hob. 332. R. Cro. Car. 434. 2 Rol. 501. Jon. 32.

So, if there be tenant in tail to him and his wife and the heirs males of their bodies, remainder to them and their heirs of their bodies, the husband dies having issue a son and a daughter, the son levies a fine, and dies without issue in the life of his mother; the daughter shall not be barred. R. Hob. 332.

So, if there be three sons, and the middle one levies a fine, and survives his father, but dies without issue in the life of the eldest brother; his fine shall not be a bar to his eldest or youngest brother. Hob. 333.

So, if the issue in tail levies a fine, and afterwards the tenant in tail makes a lease not warranted by the st. 32 H. 8. The lease is good against the conusee, as long as the issue in tail does not fail. R. 2 Cro. 689. 2 Rol. 498. Bridg. 27. Jon. 60. R. 1 Sid. 62. 1 Rol. 843.

1.20. Vide Fine, (L).

So, if tenant for life, and he in remainder in tail, join in a lease to A. for life, remainder to B. for life, and the issue in tail accepts the rent of A. and levies a fine. R. Cro. El. 253.

So, if tenant in tail makes a lease, and afterwards levies a fine; the conusee shall not avoid the lease. 4 Mod. 6. Dub. 1 Lev. 168.

Or, if he and the issue in tail join in a lease or charge, and afterwards join in a fine.

Or, if the tenant in tail makes a lease, &c. and the issue afterwards affirms it by acceptance of rent, and then levies a fine.

Or, if the issue in tail makes a lease, and afterwards dies, and his issue, having then the entail, levies a fine. R. 4 Mod. 5. Dy. 51. b. Otherwise, if the lease was to commence in futuro, and the fine was levied by the issue before the commencement. R. 1 Sal. 338. R. 1 Sid. 260. Skin. 284. 317.

So a fine by tenant in tail of the king's gift, the reversion or remainder to the king, does not bar the issue, in all cases where by the st. 34 H. 8. 20. a recovery by him should not be a bar. Co. L. 372. b. R. 8 Co. 78. a. Vide post, B. 31.)

So a fine by tenant in tail is not a bar to him in reversion or remainder, if he claims, or pursues his action within five years after the tail ended. Co. L. 372. a. Vide Fine, (K 1. 2.)

(B 26.)

(B 26.) A real Recovery, &c.

So a recovery in a real action, by verdict upon ne dona pas, binds the issue. 1 Rol. 840. 1. 5.

So, if tenant in tail forfeits double the value of the marriage to the lord, it binds the issue. 1 Rol. 842. l. 5.

So, if tenant in tail grants a rent rent-charge for a release of a right to the land, it binds the issue. 1 Rol. 842. 1. 10.

Or, in pursuance of a condition annexed to an estate tail. 1 Rol. 842. 1. 20. 30.

But if a recovery be by default without voucher, the issue may falsify. 1 Rol. 840. 1. 10.

Though the recovery be in a writ of right. Co. L. 373. a.

So, if the lord recovers in a cessavit against tenant in tail, it does not bind the issue. Co. L. 373. a.

(B 27.) A common Recovery. What Interest shall be barred by it.

So, if tenant in tail suffers a common recovery, it bars the issue in respect of the recompence in value. R. 10 Co. 37. b. R. Poph. 100. Though he dies before execution. 1 Co. 106. 2 Rol. 396. 1. 10. Dy. 374. a. 376. b. Vide Execution, (A 2. 3.)

And this has always been allowed since the st. de donis. 10 Co. 37. b. Though he had before levied a fine, whereby his estate tail is extinct. R. 1 Rol. 223.

Though the recompence in value can never be obtained. R. 10 Co. 38. a.

Though it be erroneous; so long as it stands in force. R. Poph. 100. So, if tenant for life, remainder in tail, suffers a common recovery, and vouches him in remainder; it bars the estate tail. R. 10 Co. 44. 3 Co. 60. b. Cro. El. 562. 570. Mo. 690.

And the remainder in fee. R. Cro. El. 562, 570. 3 Co. 61. a.

So, if husband and wife are tenants in special tail, remainder to the husband in tail general, remainder to B. and the husband alone suffers a recovery; though it is no bar to the wife and her issue but for a moiety, yet the husband having a remainder in tail general, all subsequent remainders are barred. R. 3 Lev. 108.

So a common recovery by tenant in tail bars all remainders, or the reversion depending upon it. 2 Rol. 396. 1. 7. 6 Co. 42.

And all charges granted by him in reversion, or remainder. R. 1 Co. 63. a. Poph. 5.

So, if he in remainder makes a lease for life, upon condition; a recovery by tenant in tail bars the estate for life, and also the condition. R. 2 Co. 52. b.

So a remainder to the right heirs of B. shall be barred, though it be in abeyance. R. 6 Co. 42. a. Per Gawdy, 1 Co. 135. b. 136. a.

So, a remainder for years: for the lessee cannot falsify. Per Twisd. 1 Sid. 102. 2 Lev. 30.

So, a devise to another, upon a contingency after the death of tenant in tail without issue. R. Mo. 73.

So, if an estate tail be granted, and afterwards to the use that B.

shall

shall have a rent-charge, remainder over; a common recovery by the tenant in tail bars the rent-charge. R. 2 Lev. 29, 30.

And, this, though the recompence in value does not extend to the rent: for the supposed recompence is the cause of the bar to the issue, but the ground of the bar of the reversion or remainder is, that it is a common assurance, and quasi excepted out of the st. de donis. Per Hale, 2 Lev. 30.

So, if there be tenant in tail, rendering rent to him in the reversion, with condition of re-entry for non-payment; a common recovery by the tenant in tail bars the condition. 2 Lev. 30. Cont. Sal. 570, 1.

So, by a common recovery, a power to make a jointure, leases, &c. shall be barred. R. 2 Lev. 60. Vide Poiar, (D).

So a common recovery bars the right of having a writ of error to reverse a fine by tenant in tail. R. Mo. 365.

So a common recovery bars a collateral condition annexed to an estate tail: As, if a gift in tail be, upon condition to pay a sum in gross, and for non-payment to re-enter. Sal. 571.

Or, upon condition, that if the donee marries any other than Searle, the estate goes over. R. Sal. 570.

So, if tenant in tail leases for years, acknowledges a judgment, &c. and afterwards suffers a common recovery to make a jointure, &c. the recovery enures for confirmation of the lease, &c. R. Ca. Ch. 120.

2 And. 111. Vide ante, (B 25.)

(B 28.) If it be with single Voucher.

If the præcipe be against the tenant in tail himself, the estate shall be barred of which he was actually seised, and all remainders dependant upon it.

If tenant in tail, in remainder after an estate for life, disseises the tenant for life, and suffers a recovery with single voucher, the entail is barred for the disseisin extends only to the estate for life, and does not turn the estate tail to a right. Cont. Semb. 3 Co. 59. a. Acc. 2 Rol. 395. 1. 10.

But no estate shall be barred, which was turned to a right, and of which the tenant to the præcipe had not actual seisin, or seisin in law. 2 Rol. 394. 1. 50.

And therefore, if tenant in tail makes a feoffment to the use of himself in fee, or in tail, and afterwards suffers a recovery, the first estate tail is not barred: for he was seised only of the estate raised by the feoffment. Pl. Com. 8. a. Manxel.

So, if he covenants to stand seised to the use of himself for life, and afterwards to his son in tail, and afterwards suffers a recovery with single voucher. R. Yel. 51.

So, if tenant in tail discontinues, and takes back an estate tail, and a recovery is had against him. 3 Co. 5. b.

So, if tenant in tail be disseised, and the disseisor enfeoffs him, and afterwards he suffers a recovery with single voucher. R. 3 Co. 59. a. 2 Rol. 395. 1. 5.

So, if there be tenant for life, remainder to A. in tail, and a recovery is pleaded to be had against A. tunc tenentem liberi tenementi, (which ought to be intended to be by disseisin, when the tenant for

15

life

life appears by the same record to be living,) with single voucher; the entail is not barred by it. 3 Co. 59. a.

So, if husband and wife are seised in tail, and a recovery is had against the husband alone. 3 Co. 5.b.

So, if A. tenant for life, remainder to B. in tail, joins in a fine sur grant et render to A. for life, and afterwards to B. in fee, and then B. suffers a recovery with single voucher to the use of himself in fee; the entail is not barred; for though the fine did not make a discontinuance, being by B. not seised in tail, yet the estate tail was devested by it, so that he was not seised in tail at the time of the recovery. R. Cro. El. 826. If A. tenant in tail leases to B. for life, (which is a discontinuance,) and dies, and B. surrenders upon condition to C. who has the remainder in tail, against whom a præcipe is brought, and a recovery had; the estate tail of C. is not barred; for C. was not remitted. R. Skin. 3. 63.

(B 29.) If it be by tenant in tail as vouchee.

If tenant in tail be vouchee in a common recovery, he comes in in privity of such estate as he ever had. Pl. Com. 8. a. Manxel.

And therefore, if husband and wife, seised to them and the heirs of the body of the husband, make a discontinuance, and the discontinuee suffers a recovery, and vouches the husband; the tail shall be barred. R. 3 Co. 6. R. 6 Co. 32. a.

If tenant in special tail discontinues, and takes back an estate in tail general, and afterwards takes back an estate to him and his heirs upon B. begotten, and afterwards discontinues, and the discontinuee suffers a recovery, and vouches the tenant in tail; the three several entails are barred by one recompence: for the vouchee comes in in privity of all the estates. Pl. Comb. 8. b. 3 Co. 6.

So, if the tenant vouches a stranger at first, who afterwards vouches the tenant in tail; his estate shall be barred. R. Sal. 571.

So, if the heir be vouched, he comes in in privity of the estate of his ancestor to whom he was heir: as, if tenant in fee makes a feoffment, and the feoffee suffers a recovery, and vouches the heir of the feoffor. Semb. Pl. Com. 7. b.

So, if tenant in tail in possession and he in remainder be jointly vouched, though it be not so regular, yet the vouchee shall be barred: for the joining of a stranger with him does not prejudice. R. Sal. 571.

But the vouchee comes in in the same degree as he had the estate at first: and therefore, if a recovery would not bar his estate when he was seised, it shall not be barred if he be a vouchee. Pl. Com. 7. b.

1

So, if a parson enfeoffs with warranty, and be vouched, he shall pray in aid of the patron and ordinary. Pl. Com. 7. a.

If tenant by the curtesy enfeoffs with warranty, and is vouched; he shall have aid: for he comes in in the same plight as when he was seised of the land. Pl. Com. 7. b.

(B 30.) What interest is not barred.

But a common recovery does not bar an interest precedent to the estate tail of which the recovery was suffered: as, if tenant in tail, remainder to A. remainder to B. remainder to C. makes a feoffment, and the feoffee suffers a recovery, and vouches B.; his estate tail and all the

subsequent

subsequent remainders are barred; but not the estate of A. or other precedent estates. R. 3 Co. 6.

So, if tenant in tail makes a lease, and afterwards suffers a recovery; the precedent lease is not barred. R. Cro. El. 718. Eq. Abr. 257. Vide ante, (B 25.)

So, if an estate be granted to B. in tail, rendering rent to him in the reversion, and B. suffers a recovery; the rent shall not be barred. R. Cro. El. 792. Per Hale, 2 Lev. 30. Sal. 571.

So, if tenant in tail makes a mortgage, and afterwards suffers a recovery for a collateral purpose; the mortgage shall be confirmed by the recovery. Eq. Abr. 257.

So, generally, a common recovery does not bar a thing to which the recompence in value does not extend; as, if a man be not in in privity of the estate tail: as, if tenant in tail be attainted of treason, and the king grants his estate to A. who enfeoffs B. who suffers a recovery, in which A. is vouched; the estate tail is not barred; for A. claims paramount the entail. 2 Rol. 394. l. 40.

So, if tenant in tail be attainted of treason, and afterwards suffers a recovery; this does not bar the remainder. 2 Rol. 394. l. 37.

If tenant in tail enfeoffs B. who suffers a common recovery without vouching the tenant in tail. Ray. 29.

So a mere possibility shall not be barred by a recovery: as, if a devise be to A. and his heirs, and if he dies without issue in the life of B. to B.; a recovery by A. without joining B. does not bar his possibility. R. 2 Cro. 593. 2 Rol. 394. 1. 20.

But if B. comes in as vouchee, his possibility shall be barred. 2 Cro.

593.

So in all cases of an executory devise, a recovery does not bar him who claims by such devise. R. 1 Lev. 136.

So a recovery by a mortgagee, does not bar the mortgagor, if he be not vouched. R. 2 Cro. 593.

So, if an estate be granted to A. and his heirs so long as B. has heirs of his body; a recovery by A. does not bar the donor: for a recovery by tenant in fee does not bar a collateral interest; as a condition, covenant, &c. Per Houghton, 2 Cro. 593.

(B 31.) If the reversion, or remainder, be in the king.

So, by the st. 34 & 35 H. 8. 20. a common recovery by tenant in tail of lands, &c. whereof the reversion, or remainder at the time of such recovery shall be in the king, shall not bind the heirs in tail. R. Dy. 32. a. in marg.

So, if there be tenant in tail, remainder in tail, the reversion or remainder to the king; a common recovery by the tenant in tail does not bar the first remainder, any more than the heirs in tail. Co. L. 372. b.

So, if the king after a gift in tail, grants the reversion to another in tail, the fee to the king; a recovery by tenant in tail does not bar the reversion in tail. R. 8 Co. 77. 8.

So, if the king procures a subject, for money, &c. to make to B. an estate tail, for recompence of service, &c. remainder to the king, and this appears upon record; B. by recovery cannot bar the entail. Co. L. 372. b. 2 Co. 16. a.

And