Beneson and Strode
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1728 |
| Date | 01 January 1728 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 15
IN THE COURT OF KING'S BENCH
5. beneson and strode ; Devant. This term the Court gave judgment in this case; and the whole Court held, that the entry of him in remainder was good; for by the attainder of the copyholder his estate is forfeited at common law, and he a person disabled to hold it; the lord cannot hold it against his own grant, and that therefore he in remainder shall enter : they held, that the King having pardoned the copyholder, availed him not, for he could hold nothing he had before the attainder ; and therefore, if a surrender were made into his hands {where the custom is to surrender into the hands of copyholders) the surrender would be ill; they held, that a presentment in the Court ia not necessary, that being only to inform the lord : they held that if in the third resolution of Podger's case, the estate had been to begin upon a forfeiture, it would commence presently ; and said, that if a lord having bona & catella felonum makes a lease for years ; and after makes another lease to commence after determination, forfeiture, &c. of the first; and the lessee had been attainted of felony, that here the second term [30] would commence; but if the lord had not had the felon's goods it would not; because that then the first estate falling to a stranger, and not extinguishing in the freehold, would have continuance. Wherefore, &c. 1 Bulst. 13.
English Reports Citation: 90 E.R. 4
IN THE COURT OF KING'S BENCH
9. beneson and strode. En Ejectment sur Special Verdict. Pollexf. 615. 2 Jones 189. The case in effect was, lord of a copyhold manor grants an estate for life to A. remainder of the same land to B. to commence after the death, surrender, forfeiture, or other determination of the estate of A. A. is attainted of felony, and pardoned; 8KINHER, 9. TERM. MICH. 33 CAR. 2. R. B. 5 the lord enters not for the forfeiture. B. enters, and if his entry was lawful, or not, is the question : in this case, the King's pardon wrought nothing, for the King cannot have a copyhold estate by forfeiture, for the baseness of the estate, &c. Finch, solicitor for the plaintiff, agreed, that copyhold estate is not forfeited by commission of felony, without a custom; he said, he might agree to that, for conviction of felony is not a forfeiture without a custom; then he consider'd the words death, surrender, or other determination ; he said, that here was a forfeiture; he said, that...
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