Fennick and Mitfords Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1687 |
| Date | 01 January 1687 |
| Court | Court of the King's Bench |
English Reports Citation: 74 E.R. 168
IN THE KINGS BENCH.
1 68 FENNICK AND MITFORDS CASE 1 LEONARD, M. of the manour of Penner, to which the church of Penner is appendant; and we alledge presentments from that time, and we convey it to the Lord St. John, which now is, and they would now defeat us by this surmise, that there is no such church with cure of souls, which is triable here. Popham, The libel cloth contain nothing but contumacy irr the bishop, in that he bath not admitted Slugge, and the other matter comes in the replication, and afterwards by assent of the parties a consultation was granted, quoad institutionem of Slugge only, but that they should not proceed further. Ante. 53. 54. PASCH. 31 ELIZ. ROT. 154. IN THE KINGS BENCH. CCLVI. FENNICK AND MITFORDS CASE. The case was, a man seised of lands in fee, levieth a fine to the use of his wife for life, the remainder to the use of his eldest son, & the heirs males of his body, the remainder to the use of the right heirs of the conusor, the conusor makes a lease for a thousand years to B. the eldest sou dieth without issue male, having issue a daughter, the conusor dieth, the wife afterwards dieth, the eldest sou enters and leaseth the lands to the plaintiff. Atkinson, That upon this conveyance a reversion was left in the conusor, although by the fine all is conveyed out of the conusor; and so (as it hath been objected) the use limited to the right heirs of the conusor, is a new thing: for it is to be observed, when a man is seised of lands, he bath two things, the land, or the estate, and secondly the use which is the profits ; and if he make a. feoffment without consideration, by that the estate and possession passeth, but not the use, wherefore the use descends after to the son and heir. And in our case if the wife and son had died without issue in the life of the father, all should be in the father and his heirs. And if a man make a feoffment in fee, unto the use of his last will, it shall be unto the use of the feoffor and his heirs, and in our case, this limitation to the right heirs of the conusor is, as if no mention had been made of it, and then it should be to the father, and his heirs. And afterwards it was adjudged, that it was a reversion, and no remainder, and by...
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