Page:Prerogatives of the Crown.djvu/320

800 Ea^tents. [Ch.XII. Pt. I. Sec. V. and therefore as to them the statute was declarativum antiqui juris, and the alienee of such fee simple lands, from the heir of the Crown debtor, would not, it seems, be protected ; but as to estates tail, the statute was inti^oductivum novi juris, against the issue in tail. It seems also that a conveyance in consider- ation of marriage, is not a gift within the meaning of the statute (a). It has been observed by C. B. Man wood (i), that the heir of a Crown debtor shall not be charged if his executor have assets ; nor the feoffee who comes in by purchase, if the heir have assets ; for the heir comes to the land gratis, and there- fore with reason ouo^ht to be charged . On the death of the King's debtor, process shall issue against the executors, the heir and terretenants jointly at once (c). It seems that lands -held by the Crown debtor when alive, as joint-tenant with another person who survives him cannot be extended after the debtor's death in the hands of the survivor, they being his by survivorship [d). And if a party purchase; or convey lands to himself and his wife (for her jointure), and to his heirs, and then become indebted to the King and die so, no execution having issued during his life, the land cannot be charged during the life of his wife {e). And the wife's dower is free from debts due from the deceased husband to the Crown [f). Commissioners of bankrupts have but a power and die as- signment from them to the assignees of the bankrupt's lands by bargain and sale is not complete till enrolment {g) : and consequently the Crown may take the lands though the teste of the writ be subsequent to the bargain and sale if it be prior to the enrolment [h), 2. As to the effect of the extent, where a subject has a lien or claim on the defendant's lands by virtue of a judgment or other debt of record or an execution, &c. Where the subject has a lien on the land by judgment prior (n) 2 Leon. 90. 7 Rep. 19. Moore, (/) Co. Lit. 31, a. See F. N. B. 126. 150, 1. Bro. Distress, 72. (6) Dyer, 67, b. (g) 13 El. c. 7. s. 2. Sir T. Jones, (c) Savil. 52. 1 96. Monlag. Bkpt. Laws, 465. West, d) Co. Lit. 185, a. • 149. («?) 2 Rol.Ab. 156. 1 Wightw. 39, {h) Ibid. 4Q. 6 to