Holdfast v. Clapham, 1 Term R. 600. The title was not complete till admittance, and to the lord it was material in respect of his fine; but as between the parties, the vendor and vendee, the admittance was mere form. This agreement was executed, and the land bound by the surrender. The lord was compellable by mandamus, or decree, to admit; the vendor, his widow, his heir, and all claiming under him, were concluded from saying, after admittance, that the land did not pass from the day of the surrender. Upon this ground the lessor of the plaintiff claimed the inheritance whereof his brother died seised; it should not be in his mouth to say, against the widow, that his brother did not die seised. Judgment for the widow. 59. The doctrine laid down by Lord Mansfield in the preceding case has been fully confirmed by a subsequent determination of the Court of King's Bench, in which it was held, that the title to copyhold lands relates back from the time of the admittance to the surrender, as against all persons but the lord; so that the surrenderee may recover in ejectment against the surrenderor, on a demise laid between the times of the surrender and admittance. Surrendersby 60. Copyhold estates may not only be surrendered way of Mort- to the use of another person absolutely, but also upon Wade's Case, condition that if the surrenderor pay the surrenderee 5 Rep. 114. a particular sum of money on a given day, the surrender shall be void; and in all cases of this kind, 5 East, 132. the surrenderor continues to be the legal tenant till the mortgagee is admitted. gage. Doe v. Wroot, 2 Ves. 300. 61. It is said by Lord Hardwicke, that mortgages of copyholds were constantly in the following manner :-A conditional surrender was made; and if that surrender was not presented, the general custom of the manor being that it became void, a new surren der was made; and the lord did not become entitled to a fine on these surrenders, because they were only intended as a pledge for securing the repayment of Skin. 142. the money advanced. 62. If the person to whose use the surrender is Doe v. Mormade is admitted, he thereby acquires the legal gan, infra. estate; and upon payment of the money, he must surrender back the premises to the mortgagor. Lowther, 63. In the case of a mortgage of a copyhold, the Fawcett v. equity of redemption will follow the custom as to the 2 Ves. 300. legal estate, as it does in burrough english lands; Tit. 15, c. 3. which, if mortgaged, the equity of redemption will descend to the youngest son, to whom the legal estate would have descended. § 8. Wheeler, 64. Although a surrender, by way of mortgage, Taylor v. be not presented, yet it will be a lien on the estate Tit. 15. c. 5. in equity; and will be good against the assignees of § 20. a bankrupt. 65. A mortgagee of a copyhold will not be allowed to tack a judgment debt to that due upon the mort- Tit. 14. § 79. gage, because copyholds are not subject to an exe cution upon a judgment. Pack, 66. Upon a bill by the heir of the mortgagor, to Cannon v. redeem a mortgage of copyhold lands, upon payment 6 Vin. Ab. of the principal and interest due, the defendant in- 222. sisted to have a judgment, which had been assigned to him, first satisfied, before the paintiff should be let in to redeem. Tit. 15, c. 5, Lord Harcourt said, copyhold lands were not liable to a judgment, and therefore the judgment should not be tacked to the mortgage in this case; § 20. but the plaintiff should redeem upon payment of what was due on the mortgage, without satisfying the judgment. Brothers v Bence, 67. Where a third mortgage is made of a copyhold to the steward of the manor, he shall not, by purchasing in the first mortgage, gain a priority over the second; because, as steward, he must have had notice of it. 68. A. being a copyholder in fee, mortgaged his Fitzgib. 118. copyhold by surrender to B., who was admitted by J. S. the steward of the manor. Afterwards, A. mortgaged the same copyhold to D., and afterwards to the steward of the manor himself, who then purchased in the first mortgage. 2 Atk. 101. A Surrender will not de stroy a con tingent Re mainder. Tit. 16. c. 6. Mildmay v. 2 Vern. 243. Lord King decreed that J. S. the steward, by the purchase in of the first incumbrance, should not postpone the middle mortgagee, but that he should be satisfied in order of priority, after the first mortgage discharged, since J. S. must have had notice of the mesne mortgage at the time of the mortgage made to him, he being steward of the manor when D. was admitted. 69. A mortgagee who is not in possession may bring his bill against a mortgagor, before admittance, for a decree of foreclosure; and after he has obtained such a decree, may bring his ejectment for the possession of the mortgaged premises. 70. A surrender of a copyhold estate will not destroy a contingent remainder limited thereon, because the legal freehold, which is in the lord, will support such remainder. 71. Thus, where copyhold estates were devised to A. for life, remainder to his first and other sons in Hungerford, tail, &c., remainder to B. in fee; A. before he had any sons born, bought the reversion of B., and had it surrendered to his (A.'s) own use, thinking by that means to merge his estate for life, and so destroy the contingent remainder to his first and other sons. It was however agreed, that this surrender of the reversion would not bar the son, because the freehold and inheritance were in the lord; for there was not the like inconvenience as in freehold estates at common law, in respect of the contingent remainders, where there was nobody against whom to bring a præcipe. 72. Lord Ch. B. Gilbert says, "Copyholder for Ten. 244. life, remainder to another in fee, the first copyholder commits a forfeiture, he in remainder shall not enter, but the lord shall hold it during the life of the first copyholder; for copyhold estates are not like those at common law, for in copyhold cases the remainder is to commence after the death of tenant for life, and not after his estate or interest is gone." 265. 73. In a subsequent page, he says, "It is made a doubt whether, by the destruction of the particular estate, the remainder that is in contingency be destroyed. As to this point we ought to distinguish, for it seems some are, and some are not; as, for example, if an estate be given to a copyholder for life, the remainder to the right heirs of J. S., if the tenant for life die, living J. S., there it seems clear that the remainder is destroyed; for it cannot take effect, as by the limitations it ought. But then, if tenant for life in that case had committed a forfeiture, or made a surrender, and then, living tenant for life, J. S. had died, it seems to be very clear that his right heir might take; for his estate in remainder was not to take effect after the determination of the interest of tenant for life, but after his death; and Vide Fearne Cont. R.471. when that happened, he was capable to take." A Surrender and Resur 74. Where a copyhold has descended ex parte marender alters terna, a surrender and re-surrender will alter the dethe Descent. scent, and make them descendible to the heirs ex parte paterna. Doe v. Mor gan, 103. 75. A person being seised in fee of a copyhold 7 Term Rep. estate, which had descended to him ex parte materna, surrendered it to the use of himself and his assigns for life, remainder to the use of such persons, and for such estates, as he should by deed or will direct. He afterwards surrendered to the use of a mortgagee in fee, who was admitted. The mortgagor paid the mortgage money; and the heir of the mortgagee, who was an infant, by virtue of an order of the Court of Chancery, surrendered the premises into the hands of the lord, to the use of the mortgagee, who was admitted. Construction of Surrenders. Lord Kenyon held this to be like a feoffment and re-enfeoffment, which, it had long been settled, broke the line of descent, and consequently the heir ex parte paterna was entitled to recover. 76. The same rules are adopted in the construction of surrenders as in that of grants; and therefore, Vide Tit. 32. where a particular thing is once sufficiently ascerc. 19. § 106. tained by some circumstance belonging to it, the addition of an allegation mistaken or false respecting it, will not frustrate it; but where the surrender is in general terms, there the addition of a particular circumstance will operate by way of restriction and modification of such surrender. 77. Thomas Earl of Strafford having several customary tenements held of the manor of Wakefield, some of which were compounded and others uncompounded, surrendered to the use of his will all and singular the lands, tenements, &c. whatsoever in the |