The court
reporter characterized the principle of the case as: "A. in
consideration of his daughter's marriage covenants to stand seised
to his own use for life, and that at his death she and her husband
shall have the land in tail, and that all persons should stand
seised to those uses, and also for further assurance. After the
marriage he bargains and sell with fine and recovery to one with
full notice of the covenants and use; this is of no avail, but on
the death of A. the daughter and her husband may enter." The court
reporter summarized this case as follows: A. was seised of land in
fee, and in consideration of a marriage to be had between his
daughter and heir apparent, and B. son and heir apparent of C. he
covenanted and agreed by indenture with C. that he himself would
have, hold, and retain the land to himself, and the profits of
during his life, and that after his decease the said son and
daughter should have the land to them and to the heirs of their
two bodies lawfully begotten, and that all persons then or
afterwards seised of the land should stand and be seised
immediately after the marriage solemnized to the use of the said
A. for the term of his life, and after his death to the use of the
said son and daughter in tail as above, and covenanted further to
make an assurance of the land before a certain day accordingly &c.
and then the marriage took effect; and afterwards A.
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