2 Jac Cr 40, Earl of Rutland’s Case 1 Co 76 A B Curia Wardor’, Surrender, Tail, Fines, Discontinuance, Bar Baldwin’s Case: 1220

A tenant for life, remainder to B. in tail ; B. levies a fine, with proclamations, sur concessit, to A. and C. for their lives : this fine bars the intail during the said two lives only, and is not a discontinuance omnio : for B. was riot seised by force of the tail, and the fine is sur concessit : it seems that A.’s acceptance of this estate to him and C. is a surrender of the former estate which he had : as in the case of a lease for years made to A. and during the years, he accepts a lease for years of the same land to him and B.


[1220] EngR 274, (1220-1623) Jenk 321, (1220) 145 ER 233 (D)



Land, Landlord and Tenant

Updated: 18 May 2022; Ref: scu.461186