References: [1220] EngR 456, (1220-1623) Jenk 201, (1220) 145 ER 135 (C)
Links: Commonlii
Ratio: Cestuy que use for life (after the statute of 1 R 3, which enables cestuy que use to make leases, and before the statute, of 37 H 8, of uses) makes a lease to A. for the life of A cestuy que use dies : A. is only a tenant at sufferance. An act of parliament cannot work a wrong ; and this Act guides this conveyance, and does not suffer it to extend beyond tbe estate of him who made the lease. ‘Tis otherwise of a lessee for life, who makes a feoffment, at common law he has gained a fee-simple : and this case is, and remains at common law, not directed by any Act of parliament. An attorney has power to make a lease for the life of the lessor; he makes a lease for the life of the lessee : this lease is void : in this case, if the lessee enters, he is a disseisor- ‘Tis otherwise in the principal case : for the said attorney had only a power, and exceeded it ; in the principal case, the interst of the use is accoupled with the power of the statute As where the statute of 32 II 8 gives a power to devise to any person two parts of land holden by knight’s service ; a man devises the whole : this is good for two parts, by reason of the interest and power in the same person, in the devisor.
Jurisdiction: England and Wales
Last Update: 01-Jan-17
Ref: 461368
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