has  tne  estate  for  years  once  vested  in  him,  no  subsequent  ceremony  can  divest
it  out  of  him. This  construction  evidently  depends  upon  the  actual  priority  of
the  delivery  of  the  deed ;  and  I  conceive,  that  it  will  hold  in  the  case  of  a  bar-
gain and  sale,  because  the  inrolment,  like  livery  of  seisin  in  the  case  of  a  feoff-
ment, will  come  too  late  to  divest  the  estate  for  years  previously  vested  in  B. by
the  delivery  of  the  deed. But  the  reasons  of  this  construction  do  not,  I  appre-
hend, apply  to  the  conveyance  by  lease  and  release ;  for  if  a  man  convey  by
lease  and  release  to  B. in  fee,  habendum  to  him  for  years,  the  fse,  as  well  as  the
term  of  years,  may  vest  in  B. by  the  mere  delivery  of  the  deed ;  and  as  the  law
says,  that  every  grant  shall  be  taken  most  strongly  against  the  grantor,  B. will
have  an  estate  in  fee  by  the  premises,  and  the  habendum  will  be  void,  according
to  the  rule  just  mentioned. So,  upon  the  same  principle,  if  a  grant  had  been
made  of  a  rent  m  6Me,  or  a  seignory,  to  I. S. and  his  heirs,  habendum  to  him  for


Under  the  Act  i  Vic. c. 21. 16i

Nevertheless,  To  the  use  *of  such  person  or  per-


sons, for  such  estate  or  estates,  interest  or  inte-


[*155J


yean,  or  for  life ;  although  in  this  case  another  ceremony  was  formerly  requisite,
besides  the  delivery  of  the  deed,  viz.,  attornment,  yet  as  that  ceremony  was  ea
necessary  upon  the  grant  of  a  rent  m  esse,  or  seignory,  to  create  an  estate  foryeari
or  for  life,  as  an  estate  in  fee,  the  habendum  in  such  case  was  void. 2  Go. 24,  a*

This  rule,  that  where  the  habendum  is  repugnant  to,  or  inconsistent  with,  the
express  estate  limited  in  the  premises,  the  habendum  is  Toid,  was  eyidently  esta-
blished  in  favour  of  the  grantee,  and  to  the  disadrantage  of  the  grantor;  for
where  an  express  estate  in  fee-simple  is  given  by  the  premises,  the  grantor  shall
not  be  allowed  to  abridge  it  by  the  habendum  into  a  mere  estate  for  years  or  fpr
life. 