MAXIMS OF THE LAW. 177 



though sometime in respect of the interest granted they are, 

 whereas declarations evermore are countermandable in then- 

 natures. 



And therefore if I grant unto you, that if you enter into 20 EHz. 

 an obligation to me of one hundred pounds, and after do 19 n - 6&amp;gt; 62 - 

 procure me such a lease, that then the same obligation 

 shall be void, and you enter into such an obligation unto 

 me, and afterwards do procure such a lease, yet the obli 

 gation is simple, because the defeisance was made of that 

 which was not. 



So if I grant unto you a rent charge out of white acre, 27 Ed. 3. 

 and that it shall be lawful for you to distrain in all my 

 other lands whereof I am now seised, and which I shall 

 hereafter purchase ; although this be but a liberty of dis 

 tress, and no rent, save only out of white acre, yet as to the 

 lands afterwards to be purchased the clause is void. 



So if a reversion be granted to I. S. and I. D. a stranger 29 Ed. 3. 6. 

 by his deed do grant to I. S. that if he purchase the parti- 24 Eliz - 

 cular estate, he will atturne to the grant, this is a void 

 atturnment, notwithstanding he doth afterwards purchase 

 the particular estate. 



But of declarations the law is contrary ; as if the dis- 13, 14 Eliz. 

 seisee make a charter of feoffment to I. S. and a letter of ^ ^ Eliz - 

 attorney to enter and make livery and seisin, and deliver 

 the deed of feoffment, and afterwards livery and seisin -is 

 made accordingly, this is a good feoffment ; and yet he had 

 no other thing than a right at the time of the delivery of 

 the charter ; but because a deed of feoffment is but matter 

 of declaration and evidence, and there is a new act which M. 38. et 

 is the livery subsequent, therefore it is good in law. 39 llz - 



So if a man make a feoffment to I. S. upon condition 

 to enfeoff I. N. within certain days, and there are deeds 36 Eliz. 

 made both of the first feoffment and the second, and letters 

 of attorney accordingly, and both those deeds of feoffment 

 and letters of attorney are delivered at a time, so that the 

 second deed of feoffment and letters of attorney are deli 

 vered when the first feoffee had nothing in the land ; and 

 yet if both liveries be made accordingly, all is good. 



So if I covenant with I. S. by indenture, that before such 

 v a day I will purchase the manor of D..and before the same 

 day I will levy a fine of the same land, and that the same 

 fine shall be to certain uses which I express in the same in 

 denture; this indenture to lead uses being but matter of 

 declaration, and countermandable at my pleasure, will suf- 



VOL. XT IT. N 



