Spittle v Davis: 1650

In a replevin, the case was; One Turk seised of lands in fee, devised parcell thereof to his eldest son in taile, arid the other parcell to his youngest son in fee. Provided, and his intent was, that if any of his sons or any of their issues, do alien or demise any of the said Iands, before any of them comes to the age of thirty years, that then the other shall have the estate, and does not limit what estate, and then one of the sons makes a Iease for years before such age, whereupon the other enters,
and before he comes to the age of thirty years, he aiiens that part into which he made entry, and the other brother beirig the eldest enters and makes a lease to Spittle the plainiff for three years, and Davies by commandment of the younger brother enters, and takes a horse damage-feasant, and Spittle brought a replevini : and upon demur, it seemed to the Court, that this was a limitation, and by vertue of the will the estate devised to them untill they aliened, and upon the alienation to go to the other; and upon such alienation the land is clischarged of all limiitations, for otherwise the land upon one alienation shall go to one, and upon another alienation should go back again, arid so to and fro ad infinitum, vide Dyer 14. and 29. And afterwards all the Judges agreed, that after one brother had entred into the land by reason of the alienation that land was discharged forever of the limitation by the will ; and judgment was given accordingly.

Citations:

[1650] EngR 15, (1650) Owen 55, (1650) 74 ER 895

Links:

Commonlii

Jurisdiction:

England and Wales

Torts – Other, Land

Updated: 06 May 2022; Ref: scu.416835