Case XXV 7 Co 40 A B, Bedel’s Case Uses, Covenants, Inrollment: 1220

A father covenants by indenture, in consideration of continuing the land in his blood, and of natural affection, to stand seized to the use of himself for life, remainder to his wife for life, remainder to his second son in tail : resolved that the use to the wife is well raised ; for the naming of her, being his wife, is sufficient: so of any cousin ; for it is a consideration of money paid by the wife or son, the indenture ought to be inrolled.
Adjudged and affirmed in error.
If the consideration be of blood and money paid ; where there is kindred; an use will rise upon a covenant by indenture without inrollment : for the words of 27 H. 8, cap. 16, for inrollments, are, where a freehold or inheritance passes by bargain and state only : not where blood is joined.


[1220] EngR 599, (1220-1623) Jenk 289, (1220) 145 ER 209 (B)




Updated: 18 May 2022; Ref: scu.461511