170 



MAXIMS OF THE LAW. 



6 Ed. 6. 

 Dy. 72.* 



So if I have a nomination to a church, and another hath 

 the presentation, and the presentation comes to the King, 

 now because the King cannot be attendant, my nomination 

 is turned to an absolute patronage. 



So if a man be seised of an advowson, and take a wife, 

 and after title of dower given he join in impropriating the 

 church and dieth ; now because the feme cannot have the 

 turn, because of the perpetual incumbency, she shall have 

 all the turns during her life; for it shall not be disim- 

 propriated to the benefit of the heir contrary to the grant 

 of tenant in fee-simple. 



But if a man grant the third presentment to I. S. and his 

 heirs, and impropriate the advowson, now the grantee is 

 without remedy, for he took his grant subject to that mis 

 chief at the first: and, therefore, it was his laches, and 

 therefore not like the case of the dower; and this grant 

 of the third avoidance is not like tertia pars advocationis, 

 or medietas advocationis upon a tenancy in common of the 

 advowson ; for if two tenants in common be, and a usurpa 

 tion be had against them, and the usurper do impropriate, 

 and one of the tenants in common do release, and the other 

 bring his writ of right de medietate advocationis, and reco 

 ver ; now I take the law to be, that because tenants in 

 common ought to join in presentments, which cannot now 

 be, he shall have the whole patronage: for neither can 

 there be an apportionment that he should present all the 

 turns, and his incumbent but to have a moiety of the pro 

 fits, nor yet the act of impropriation shall not be defeated. 

 45 Ed. 3. 10. But as if two tenants in common be of a ward, and they join 

 in a writ of right of ward, and one release, the other shall 

 recover the entire ward, because it cannot be divided : so 

 shall it be in the other case, though it be of inheritance, 

 and though he bring his action alone. 



As if a disseisor be disseised, and the first disseisee 

 released to the second disseisor upon condition, and a descent 

 be cast, and the condition broken ; now the mean disseisor, 

 whose right is revived, shall enter notwithstanding this 

 descent, because his right was taken away by the act of a 

 stranger. 



But if I devise land by the statute of 32 H. VIII. and 

 the heir of the devisor enters and makes a feoftment in fee, 

 and feoffee dieth seised, this descent bindeth,and there shall 

 not be a perpetual liberty of entry, upon the reason that he 



41 Ed. 3. 10. 



Le contrary 

 fuit resoli 

 in Martin 

 Trott s case, 

 pa. 32 Eliz. 



* Vide contra, 2 E. 3. fol. 8. Que presentme&quot;t del feme 1 advowson est 

 deveign disimpropriate a touts jours quel est agree in sur Cok. Rep. 7. fo.8. a. 



