Udal v Udal
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1681 |
| Date | 01 January 1681 |
| Court | Court of the King's Bench |
English Reports Citation: 82 E.R. 926
King's Bench Division
[81] term. mich. 24 car. banco regis. udal versus udal. In a trover and conversion of 400 load of timber: upon not guilty pleaded, the jury found by special verdict, that Sir William Udal being seized in fee of the mannor of Horton, whereof the land where the timber grew was parcel, did covenant by indenture to levy a fine to the use of himself in tail, the remainder to such persons and for such estates as he should limit by indenture, and for want of such limitation, the remainder to the defendant for life, the remainder to his eldest son in tail, and to his tenth son, and for want of such issue, the remainder to W. U. for life, the remainder to his eldest son in tail, &c. and so to his tenth son, the remainder to the right heirs of Sir William, with a proviso that upon tender of 5s. &c. he might revoke those uses and limit others, and levyed a fine accordingly. And after by another indenture reciting the uses of the first and the proviso in it, made a new limitation to the use of himself in tail, the remainder to the defendant for life, with like remainder, ut supra, to his sons, the remainder to W. U. for life, with like remainders to his sons, the remainder to the plaintiff in tail, &c. according to his power and the clause in the said indentures, and dyed without issue, and the defendant (neither himself nor W. U. having any son) cut down the timber and . , . years after sold part of it, and the plaintiff seised the rest, which the defendant did take again from the plaintiff, and sold the same, and if, &c. And (the case being argued Trin. Pasch. ult. and this term) it was resolved by Bacon and Roll. 1. That if there be tenant for life, the remainder for life, and tenant A1EYW. 82. MICH. 24 OAR. BANCO REGIS 927 for life cut down timber trees, he that hath the inheritance may seise them, although he cannot have an action of waste during the life of him in remainder; for 1. The particular tenant hath not the absolute property in the trees, but only a special interest in them so long as they continue annexed to the land. And therefore a termer cannot grant away his term excepting the trees, but the exception is void, for that he cannot have a distinct interest in them but only relative to the land. And so it [82] is resolved in Sanders case lib. 5. 12. f. (and so Mainard said) it was resolved 10 Car. in Whites case, in the Court of Wards, in case of lessee for life ; but where...
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