Bettison and Elways
| 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. 16
IN THE COURT OF KING'S BENCH
[31] 7. bettcson and elways ; Puis. Baron and feme tenants in special tail, of the provision of the husband, have issue; the baron dies, the issue levies a fine to a stranger; the feme leases for. sixty years, and dies : the question was, whether the estate-tail being barred, but not spent, this lease for sixty years shall be good against the conusee. Wallop argued it would not, for though he admitted it no discontinuance or bar within 11 H. 7, yet it was an alienation within the intent and equity of that statute; he thought it would bind the issue, if it had been an estate-tail out of the statute; he cited 3 Rep. 50. 2 Leon. 168. 2 Car. 692. Jones 60. Br. 27, but took no difference between a simple demise by deed for a hundred years, and a demise by fine sur concessit, with render for a hundred years ; and said, that neither did the Judges in Crocker and Kelsey's case, 2 Cr. 692. The justices said the resolution of Crocker and Kelsey'a case went very far; and perhaps, if to be adjudged at this day, it would be contrary. Saunders argued, that it was no lease within the 11 H. 7, to give any entry to the issue in tail, because neither bar nor discontinuance; then he differenced it from a lease made by tenant for life, which is absolutely determined by his death; but a lease by tenant in tail (as feme continues, the fine notwithstanding) is but voidable, and may be made good at the election of the issue ; which election his assignee hath not; and relied mainly upon the authority of Crocker and Kelsey's case, 2 Cr. 692. And cited Br. Acceptance, 13, H. 21 H. 7, 38. 3 Rep. 64.
English Reports Citation: 90 E.R. 18
IN THE COURT OF KING'S BENCH
[36] 2. bettison and elways ; Devant. This case was argued again this terra by Holt for the plaintiff, that it is a void lease, arid within the stat. of H. 7, or void by the death of the feme; for he said the intent of the statute was to put such feme into the condition of tenant for life, so that her acts coulrl not be more prejudicial to them in reversion...
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