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Earl of Oxford's case
''Earl of Oxford’s case'' (1615) 21 ER 485 is a foundational case for the common law world, that held equitable principle takes precedence over the common law.
==Facts==
A parcel of land at St Botolph's Aldgate in London was sold by Magdalene College, Cambridge, to Queen Elizabeth I, and then to Benedict Spinola, a Genoese merchant. A statute, 13 Eliz c 10, provided that conveyances of estates by the masters, fellows, any college dean to anyone for anything other than a term of 21 years, or three lives, ‘shall be utterly void’. It was thought transfer to the Queen would grant unimpeachable title. Spinola thought this, and so did Edward de Vere, the Earl of Oxford, who bought the land in 1580 and built 130 houses. John Warren leased a house through intermediaries.
Then, Barnabas Gooch, Master of Magdalene College, claimed that he was able to lease the land to John Smith. Warren brought an action of ejection against Smith, but his lease expired before it was heard by court. Warren asked the question to be decided anyway.
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