bargained and
sold the land for two hundred marks [2,667s.](of which not a penny
is paid) to a stranger, who had notice of the first agreements,
covenants, and use, and enfeoffed divers persons to this last use,
against whom a common recovery was had to his last use; and also
A. levied a fine to the recoverers before any execution had, and
notwithstanding all these things A. continued possession in taking
the profits during his life; and afterwards died; and the son and
daughter entered, and made a feoffment to their first use. And all
this matter was found in assize by Assaby and others against Lady
Anne Manners and others. And judgment was given that the entry and
feoffment were good and lawful, and the use changed by the first
indenture and agreement. Yet error was alleged. The judgment in
the assize is affirmed.
The famous Shelley's Case stands for the principle that where in
any instrument an estate for life is given to the ancestor, and
afterwards by the same instrument, the inheritance is limited
whether mediately, or immediately, to his heirs, or heirs of his
body, as a class to take in succession as heirs to him, the word
"heirs" is a word of limitation, and the ancestor takes the whole
estate. For example, where property goes to A for life and the
remainder goes to A's heirs, A's life estate and the remainder
merge into a fee in A. A can sell or devise this interest.
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