A tenant in capite obtains the King’s licence to enfeoff two of the manor of Dale, upon condition to give it back to him in tail, the remainder to E. iri fee ; the feoffment was made to two accordingly ; A. afterwards dies, his heir being within age, afterwards the gift was made to the heir of the body of A. the remainder ut supra. Resolved, that this licence doth not extend to give this land to the heir of the body of A. but a new licence is necessary ; and the obtaining of this licence is a new charge to the land suffered by the two feoffees, and therefore in this case the condition is broken. A. dies seised of other land held of the King in capite, his dying seised of this land, and all this other matter is fond by office. The Kirig shall seize the said manor for the breach of this condition, in right of the said heir being within age, and shall have all the profits of it, as guardian after the deat of A.
By all the justices.
Verba accipienda sunt cum effectu.
Citations:
[1220] EngR 220, (1220-1623) Jenk 16, (1220) 145 ER 13 (A)
Links:
Land
Updated: 18 May 2022; Ref: scu.461132