Stephens against Layton
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1650 |
| Date | 01 January 1650 |
| Court | Court of the King's Bench |
English Reports Citation: 74 E.R. 884
King's Bench Division
884 STILE AGAINST MILES owEN, 90. for years is drowned, 19 Ed. 3. Surrender 8. where tenant for life of a mannor did surrender to him in the reversion, &c. Gawdy, If a lease be made to one for life, and so long as another shalt live, quture, what estate he hath. And as to the second point, certainly there cannot be an occupancy, for if the estate be void, the limitation is void ; also the occupancy is pleaded quo an tiel, and does not say, claymant comme occupant, &c. for if a man comes a hawking on land, he is riot an occupant, and the hook of entries is, that he ought to plead it. Clinch Justice, Every occupant ought to be in possession at the time of the death of the tenant, for otherwise the law casts the interest upon him in the reversion. But Gawdy and Chute denied this : arid after, viz 29 Eliz. the case was moved again by Popham, and he made three points. 1. If the other three bad a joy tit estate. 2. If they had a remainder. 3. If there be an occupancy. And be was of opinion that they had nothing by the habendurn, for they were not named in the premisses, & they cannot have a remainder for the incertainty, but if those three had been named in the premisses, habendum to them successive, as they had been named, there they had a remainder, for there the certainty appeared, 30 H. 8. 8. Dyer 361. Also there can be no occupancy during the lives of the other three : but he agreed to the book of the 18 Ed. 3. 34. that a lease for life, the remainder to him for anothers life was good : arid that if a lease be made to I. S. and a monk, it is void to the monk, arid the other hath all, and that during the life of the monk there can be no occupancy. And if I make a lease to I. S. for the life of a monk, it is a good lease : and till the same terms judgment was given, that they could take nothing in possession joyntly, nor by way of remainder, and that no occupancy could be in the case, and that I. S. had estate for terme of his owne life onely. STILE AGAINST MILES. Stile parson did suggest that the land was parcell of the glebe of the parsonage, and that the said Stile did let the said glebe, being foure and twenty acres to Miles for years, rendring thirteen shillings foure pence rent; and in a prohibition the case was, if tythes were to be paid. And Wray said, that although it was pareell of the glebe, yet when it was leased out tythes ought to be paid, and if no rent be...
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