Key against Gamble
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1729 |
| Date | 01 January 1729 |
| Court | Court of the King's Bench |
English Reports Citation: 84 E.R. 1178
COURTS OF KINGS BENCH
key against gamble. entred trin. 30 car. 2, B R. eot. 468. Ebor. See 1 Nels. Abr. 486, pi. 9. In ejectment for lands in Bramley, on the demise of Morley, and special verdict, these two points in law were moved. 1. A man in consideration of marriage to be made between him and A. by his deed indented and enrolled, granted, enfeoffed, and confirmed to J. S. and his heirs, the manor of L . to the use of himself for life, remainder to his intended wife for her life with warranty. The question was, whether the wife having been married, had an estate for life by this conveyance, no livery or other execution being made. And it was argued that no estate passed to the wife, for the intent was not to pass by way of covenant to stand seised, as appears by the enrolment of the deed. And if there waa any valuable consideration, the use would be to the grantees, and a trust only to the wife ; and the intention here appears clearly to pass at common law. For 1. The use is limited to arise out of the estate of the grantees. 2. The warranty otherwise would be destroyed. 3. Here is a covenant to make further assurance to the grantees. And the case of Cressing and Scudiimore, Triii. 23 Car. 2, B. K. [124] which waa urged on the other side, is not like the case at Bar: for there the father grants to his daughter by deed indented and enrolled, with warranty, but no money paid. The second point was, the husband enfeoffed several to the use of himself for life, remainder to the lessor of the...
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