OF ESTATES LESS THAN FREEHOLD (continued).

copyhold estates are held at the will of the lord, regulated according to the

custom of the manor,.

...147-156

estate at sufferance is where one lawfully comes into possession of lands and

wrongfully holds over,...

150

CHAPTER X.

OF ESTATES UPON CONDITION,.....

.....152-162

estates upon condition are created, enlarged or defeated by the happening or not

happening of some uncertain event,..

152

152

152

these are those, 1. on condition implied; 2. on condition expressed,

under which last head may be included, 3. estates held in pledge; 4. estates

by statute staple or statute merchant; 5. estates by elegit,...

estates upon condition implied are those which, from their nature and consti-

tution, have a condition inseparably annexed,..

estates upon condition expressed are where an express qualification is annexed

to the grant, whereby the estate is to commence, be enlarged or defeated, 154

the conditions are precedent or subsequent,...
154

impossible conditions, and those contrary to law, or repugnant to the estate,

are void,.....

a limitation differs from a condition in that it absolutely determines the estate,

while upon breach of condition the grantor, or his heirs, has a right to

determine it,.....

155

156

estates in pledge are, 1. where the profits of land are granted till a debt is

paid, called vivum vadium,..

if the mortgagor fails to perform by the day he has nevertheless an equity of

redemption,

158

this equity may be foreclosed in several ways,.

159

the vendor of lands may have an equitable mortgage, without writing, for
unpaid purchase-money, when he has not waived it,.

159n

the doctrine of tacking mortgages,......

..160n

estates by statute staple or statute merchant are conveyed under certain
statutes, and resemble the vivum vadium,.....

estate by elegit is where lands are delivered to the plaintiff under a judicial
writ until their profits shall satisfy his judgment,...

... 160

160

2. mortuum vadium, or mortgage, where an estate is granted on condition

to be void on payment of the debt,.....

the two parts of a mortgage, the conveyance and defeasance, may be in the

same or in two instruments,......

to which may be added a power of sale,.

the mortgagee may take possession, subject to be dispossessed on performance

of condition,.

158

158

CHAPTER XI.

OF ESTATES IN POSSESSION, REMAINDER AND REVERSION,

......163-178

estates are either in possession or expectancy, and the latter are either remainders

or reversions,

163

1. an estate in possession is where the present interest passes to and resides in the

tenant,.....

.... 163

2. a remainder is an estate limited to take effect and be enjoyed after another par-

ticular estate is determined,......

164

to this there must be,

1. a particular estate to support the remainder,.....

165

3. the remainder must vest in the grantee during the continuance or at

the determination of the particular estate,...

2. the remainder must pass out of the grantor at the creation of the par-

ticular estate,...

167

...

168

remainders are,

1. vested, where the estate is fixed to remain to a certain person after the

particular estate is spent,.

..... 168

2. contingent, where the estate is limited to take effect either to an uncer-
tain person or on an uncertain event,

169

a contingent remainder of freehold can only be limited on a freehold,.... 171
they are defeated by destruction of the particular estate,....
171

......

OF ESTATES IN POSSESSION, REMAINDER AND REVERSION (continued).

PAGE.

an executory devise is such a disposition of lands by will that no estate

vests at death of devisor, but only on a future contingency,...... 172

this requires no particular estate, a fee simple may be limited after a

fee simple, and a remainder of a chattel interest after a life estate, 173

how long the power of alienation may be suspended,..
174

a reversion is the residue of the estate left in the grantor to commence in

possession after the determination of a particular estate granted,.. 175

incident to it are usually fealty and rent,..

when a greater and a lesser estate meet in the same person, the less is

merged,

....

but they must meet in the same right, and without intermediate

estate,.

CHAPTER XII.

...

....

176

177

177

OF ESTATES IN SEVERALTY, JOINT TENANCY, COPARCENARY, AND COMMON,.....179-194

an estate in severalty is where one holds in his own right and is sole tenant,. ... 179

an estate in joint tenancy is an estate granted to two or more persons, with several

requisites,

1. it is created by act of the parties and not of the law,....

180

180

2. its properties are unity of interest, title, time and possession,

the right of all must come by the same act or conveyance,.

on death of one joint tenant, the entire estate remains to the survivors,.

this estate is destroyed by destroying any of its constituent unities, usually

done by partition,...

183

185

an estate in coparcenary, is where an estate descends to two or more persons,

in which case each is seized of a distinct moiety only,

in the United States estates so descending are estates in common,.

..192n

tenancy in common is where there is unity of possession merely, but perhaps an

entire disunion of interest, title and time,.....

191

this may be created by deed, or by destruction of another joint estate without

partition,

192

the tenants take by moieties only, and there is no survivorship,

they may sever their interests by partition,...

194

194

CHAPTER XIII.

OF THE TITLE TO THINGS REAL IN GENERAL,.....

...195-199

a title is the means whereby the owner of lands hath just possession of his

property,...

1. the lowest title is mere naked possession without right,.

2. the next step is the right of possession, which one may have though disseized,.. 196

3. the mere right of property may be without possession or right of possession,... 197

as where one disseized has neglected to pursue his remedy till it is barred,.. 198

4. a complete title combines possession with right of property,..

descent is the title whereby a man on the death of his ancestor acquires his estate

as heir at law,...

201

this depends on consanguinity, which is either lineal or collateral,.

202

the degrees are computed according to the canon law, by which two persons
are related in whatsoever degree the most remote is distant from the com-
inon ancestor,......

206

the computation of the civil law is different,

.207n

the canons of descent are:

1. inheritances shall descend to the issue of the person who last died seized,
in infinitum, but never lineally ascend,.

208

this now altered,....

.208n

2. the male issue shall be admitted before the female,

212

OF TITLE BY DESCENT (continued).

3. of two or more males in equal degree, the eldest only shall inherit, but the

females altogether,.

4. lineal descendants in infinitum of a person deceased shall represent their

ancestor,......

PARS

214

... 216

5. on failure of descendants of the person last seized, the estate shall descend

to his collateral relatives of the blood of the first purchaser,...

6. the collateral heir must be the next collateral kinsman of the whole blood, 224

this now modified,.....

220

224n

7. in collateral inheritances the male stocks are preferred to the female, un-

less where the lands have descended from a female,..

the present canons of descent in England,..

234

.240n

CHAPTER XV.

OF TITLE BY PURCHASE; AND, I, BY ESCheat,.

purchase, in its most extensive sense, is the possession of an estate which a man

hath by his own agreement, and not by descent,...

.241-258

241

in its legal signification, it includes title by, 1. escheat; 2. occupancy; 3. pre-

scription; 4. forfeiture; 5. alienation,..

244

escheat is where, in default of inheritable blood, the estate results back to the

lord of the fee,..

241

inheritable blood is wanting:

1. when the tenant dies without relations,....

246

2. when he leaves no relations on the part of the ancestors from whom

the estate descended,.....

7. by attainder of treason and felony the blood was formerly corrupted,.. 251

8. formerly nonjuring papists were incapable of inheriting,.

257

CHAPTER XVI.

OF TITLE BY OCCUPANCY,..

..258-262

occupancy is the taking possession of those things which before belonged to no-

body,

this, in case of real property, is confined to the case of tenant pur auter vie

who dies during the life of cestui que vie,.....

258

he who first entered could then retain possession as special occupant while

cestui que vie lived,.......

... 258

....

unless the estate was granted to the tenant and his heirs, in which case the

heir would be special occupant, .

but by statute estates pur auter vie are devisable, and, if not devised, are
assets,

259

260n

islands rising in the middle of a river belong in common to the proprietors on each

side,

261

261

if nearest one side, they belong to the proprietor on that side,.

land gained from the water imperceptibly belongs to the adjoining owner,.... 262

if the alluvion or dereliction be sudden and considerable, it belongs to the

king,......

... 262

if the course of a river be suddenly changed, the proprietor on either

side shall gain or lose thereby,....

262

CHAPTER XVII.

OF TITLE BY PRESCRIPTION,

.263--266

custom is properly a local usage, not annexed to any person,.

263

prescription is a personal usage, and must be either

1. in a man and his ancestors,.

264

2. in a man and those whose estate he hath; which is called prescribing in a

que estate,....

264

prescription can only be of incorporeal hereditaments,.

264

it must always be laid in him who is tenant of the fee,....

264, 265

t cannot be for any thing which cannot be raised by grant, for it always

presupposes a grant to have existed,...............

265

OF TITLE BY PRESCRIPTION (continued).

PAGE.

whatever is to arise by matter of record cannot be prescribed for...... 205

if one prescribes in a que estate, nothing is claimable but things incident,

appendant or appurtenant to lands,.

rules of prescription,...

266

.266"

CHAPTER XVIII.

OF TITLE BY FORFEITURE,.

.267-286

forfeiture is a punishment annexed by law to some illegal act or negligence in

the owner of things real, whereby he loses his interest to another,

I. forfeiture for crime is principally for, 1. treason; 2. felony; 3. misprision

of treason; 4. præmunire; 5. assault on a judge, or in court; 6. popish

recusancy, &c.,.....

II. alienations which induce forfeiture are those made-

267

.267, 268

1. in mortmain, or to corporations in violation of statute,.

history of the statutes of mortmain,...

... 268

268-274

of this class is also the disclaimer by the tenant of the lord's right,.

III. lapse is a forfeiture of the right of presentation to a church by neglect

of the patron to exercise it within six months,..

2. to an alien, which is cause of forfeiture to the crown of the land

aliened,...

3. by tenants of a larger estate than the law entitles them to make,

as where tenant for life aliens in fee,..

274

274

274

275

278

IV. simony is a corrupt presentation to an ecclesiastical benefice, whereby that

turn becomes forfeited to the crown,...

278

281

who may be liable for waste,.

V. breach of conditions may cause forfeiture; as to which see ch. x,

VI. waste is another species of forfeiture,.

which is a spoil or destruction in any corporeal hereditaments to the

disherison of him that hath the inheritance,..

281

.... 281

it is either voluntary or permissive; the latter being matter of omission

only,.....

tenancies may be created without impeachment of waste,.

281

282

283

VII. copyhold estates may be forfeited by breach of customs of the manor,.

VIII. the act of becoming bankrupt may cause forfeiture,....

284

285

a bankrupt is a trader who secretes himself, or does certain other specified

acts to the injury of his creditors,....

285

on his bankruptcy his estates are transferred to assignees, to be sold for

the benefit of his creditors,....

285

CHAPTER XIX.

OF TITLE BY ALIENATION,

287-294

alienation, conveyance, or purchase in its more limited sense, comprises any

method whereby estates are voluntarily surrendered to one man and ac-

cepted by another,.

this formerly could not be done by tenant without consent of the lord,...

nor by the lord without the tenant's consent,....

the consent was given by attorning, or professing to become tenant

of the new lord,

287

287

288

288

the statute quia emptores left all persons to alien at their discretion,..... 289

and by statutes lands became chargeable for debts, and subject to be

pawned therefor, and sold in bankruptcy and devised, .

289

290

290

all persons in possession are prima facie capable of conveying,

but with only the right of possession or of property one is not,.

remainders and reversions are exceptions, and inay be granted,...... 290

contingencies and mere possibilities may be released or devised, or

pass by death, but not be assigned,.

persons attainted cannot convey,.

but may purchase, subject to have their title defeated,.

the conveyances of idiots, insane persons, infants and persons under duress,

290

290

291

291

291

292

202

OF TITLE BY ALIENATION (continued).

an alien may purchase any thing, but hold nothing as against the crown, ex-

cept a lease for years of a house for trade,.....

papists were formerly disabled, but not now,

conveyances are of four kinds: 1. by matter in pais, or deed; 2. by matter of

record; 3. by special custom; 4. by devise,...

...

293

.293n

294

CHAPTER XX.

OF ALIENATION BY DEED,....

a deed is a writing sealed and delivered by the parties,....

it may be either, 1. a deed indented, or indenture; 2. a deed poll,

the requisites of a deed are

I. parties capable of contracting, and a thing to be contracted for,.

II. it must be upon sufficient consideration,...

which may be either good, as of natural love and affection,.

or valuable, as money, marriage or the like,...

III. it must be written or printed on paper or parchment,.

....

but certain leases not exceeding three years may be oral,

IV. the matter written must be legally and orderly set forth,

the parts of a deed are, 1. the premises; 2. the habendum; 3. the tenen-

dum; 4. the terms of the grant, if any,..........

....

5. the condition, if any, on the happening of which the estate may

be defeated,..

299

299

6. the clause of warranty which binds the warrantor and his heirs,.. 302

7. covenants or conventions, by which either party may stipulate for

the truth of certain facts, or bind himself to some act,..

8. the conclusion,.....

V. the fifth requisite to a deed is the reading of it, if desired,.

VI. the sealing and signing,.....

VII. the delivery, until which the deed does not take effect,

this may be either absolute or as an escrow,. . . . .

VIII. the attestation in the presence of witnesses,

1. by erasures or interlineations improperly made in material parts,. 308

2. by breaking off or defacing the seal,..

.....

308

3. by delivering it up to be canceled,...

......

308

4. by the disagreement of such whose concurrence is necessary in order

that it may stand,...

309

5. by judgment or decree of court,.

309

of the several species of deeds, some serve to convey property, some only to

charge or discharge it,....

309

some are at common law, and some under the statute of uses,

310

original conveyances by the common law are-

1. a feoffinent, employed to convey a fee-simple,...

311

3. a grant, applicable to corporeal hereditaments, reversions, &c., whereof

livery could not be had,.....

to this and every other freehold livery of seisin was necessary,.

which was a delivery of actual or symbolical possession,.

2. a gift, properly applied to an estate tail, and like a feoffment except in

the estate conveyed,

4. a lease, which is a conveyance for life, for years or at will, but usually of

a less estate than grantor hath,.....

317

... 318

5. an exchange, or a mutual grant of equal interests, the one for the other,. 323

6. a partition, when two or more joint-tenants, parceners or tenants in com-

mon, agree to divide the lands so held among them in severalty,...... 323

secondary or derivative conveyances at the common law are,

324

7. releases, which are the discharge or conveyance of a man's right to
another that hath a former estate in possession,.

......

these may enure by way, 1. of enlarging an estate; 2. of passing an es-

tate; 3. of passing a right; 4. of extinguishment; 5. of entry and feoff-

ment,

324

8. a confirmation makes unavoidable a voidable estate, or increases a particu-
lar estate,...

.. 325

9. a surrender is the yielding up of an estate for life or for years to him that
hath the immediate reversion or remainder,.

326