Benson and Scot
| 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. 180
IN THE COURT OF KING'S BENCH
[406] teem. hill. 5 will. & mar. R. B. 1. benson and scot. Upon a special verdict in ejectment, the case was, A copyholder of a manor, within which was the custom of free bench surrenders his estate and dies ; his wife enters, and after the surrender is presented, and the surrendree admitted ; and the sole question was, if the admittance of the surrendree had defeated the estate of the wife; and it was argued that it had not by Serjeant Levinz, because her estate is paramount the surrender, and commences by her marriage, and is a perfect and consummate estate in the wife, before any thing is vested in the surrendree, and so not like to the cases put, where relation shall avoid grants and estates made after the surrender, the which he admitted to be so ; and as to the case of title of dower avoided by a bargain and sale, he said, that there the bargainer married after the bargain and sale, and before the inrollment; so by the relation the wife never had any title ; but if they will put the case to any purpose it ought to be, where a man who is married bargains and sells his land; in which case, if the husband dies after the sale, and before the inrollment, the inrollment within six months shall not avoid the dower of the wife; but it was adjudged for the plaintiff, soil, that the relation had defeated the estate of the wife, for...
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