322 READING ON THE STATUTE OF USES. 



party to neither ; but he must be party to the words of the 

 grant ; here again the case of the use goeth single, and the 

 reason is, because a conveyance in use is nothing but a 

 publication of the trust; and therefore, so as the party 

 trusted be declared, it is not material to whom the publi 

 cation be. So much for the raising of uses. Now as to the 

 preserving of them. 



2. There is no case in the common law wherein notice 

 simply and nakedly is material to make a coven, or parti- 

 ceps criminis ; and therefore if the heir, which is in by 

 descent, infeoff one which had notice of the disseisin, if he 



33 H. 6. 5. were not a disseisor de facto, it is nothing: so in 33 H. VI. 

 if a feoffment be made upon collusion, and that feoffee 

 make a feoffment over upon good consideration, the collu 

 sion is discharged, and it is not material whether the second 

 feoffee had notice or no. So as it is put in 14 H. VIII. if a 

 sale be made in a market overt upon good consideration, 

 although it be to one that hath notice that they are stolen 

 goods, yet the property of a stranger is bound ; though in 

 the book before remembered, 35 H. VI. there be some opinion 

 to the contrary, which is clearly no law ; so in 31 E. III. if 

 assets descend to the heir, and he alien it upon good con 

 sideration, although it be to one that had notice of the 

 debt, or of the warranty, yet it is good enough. So 25 Ass. 

 p. 1, if a man enter of purpose into my lands, to the end 

 that a stranger which hath right, should bring his pracipe 

 and evict the land, I may enter notwithstanding any such 

 recovery : but if he enter, having notice that the stranger 

 hath right, and the stranger likewise having notice of his 

 entry, yet if it were not upon confederacy or collusion be 

 tween them, it is nothing; and the reason of these cases is, 

 because the common law looketh no farther than to see 

 whether the act were merely actus jictus in fraudem legis ; 

 and therefore wheresoever it findeth consideration given, it 

 dischargeth the coven. 



Dy. 12. But come now to the case of the use, and there it is 



otherwise, as it is in 14 H. VIII. and 28 H. VIII. and 

 divers other books ; which prove that if the feoffee sell the 

 land for good consideration to one that hath notice, the 



3 Rep. 81. purchaser shall stand seised to the ancient use; and the 



i Roll. Abr. reason is, because the chancery looketh farther than the 

 common law, namely, to the corrupt conscience of him that 

 will deal with the land, knowing it in equity to be another s ; 

 and therefore if there were radix amaritudinis, the con 

 sideration purgeth it not, but it is at the peril of him that 



