(a) See the cafe of Kirkman v.

Thompfon.

Cro. Jac. 474. Cruise 160.

Co. Lit. 41, 42.

2 Bl. Com. 120. 3 Co. 20. Hayward on Elections 58.

(6) Vide poft

c. 4.

(c) Vide poft c. 3.

(d) See 8 Ann c. 14. f. 6. as to distress for

the rent arrear, poft c. 6,

Co. Lit. 44.

life: But to make a perfect jointure four things must be ob
ferved, 1. The jointure must take effect immediately on
the death of her husband. 2. It must be for her own life
at least, and not pur autre vie, or for any term of years, or
other smaller estate. 3. It must be made to herself and
not to any in truft for her. 4. It must be made, and fo
in the deed particularly expreffed to be, in fatisfaction of
her whole dower, and not of any particular part of it (a);
and it is provided by the fame ftatute that if the jointress
be evicted of her jointure she shall be endowed of so much
of the refidue of her husband's lands, as the was dowable
of at common law, as far as the lands from which fhe
fo evicted fhall amount to. And if the jointure be made
to her after marriage fhe may either accept or refuse it and
infift upon her dower at common law.

laft

IX. ESTATE FOR LIFE. A perfon holding lands or tenements for his own life, or for the term of another's life, viz. pur autre vie, he, as leffee of the faid lands or tenements, is tenant for life therein, and the freehold vefts in him. A grant to a man of "the manor of Dale," generally, without defining any specific eftate, creates an eftate for life, and if it do not mention for what estate, it shall be construed for the life of the grantee; fo a grant to a woman "during her widowhood," or to a man "until he be pro"moted to a benefice" fhall be confidered as an estate for life, until the contingency happens; for the time being uncertain, in these and fimilar cafes, they by poffibility may for life: This estate is in law confidered as the loweft kind of freehold. A tenant for life is punishable for wafte, and may commit a forfeiture; and by 4 and 5 Anne all warranties made by him defcending to any person in reverfion or remainder, are void. But he is intitled to eftovers, (b) and his executors or administrators fhall have the emblements or profits of the crop, if he die before harvest, but not if the estate be determined by his own act; his leffee, however, fhall even in that case have them, for the act of the tenant shall not prejudice his innocent ieffee: (c) and by II Geo. 2. c. 19. 15. the executors or adminiftrators of tenant for life, fhall, on his death, recover of the leffee (d) a rateable proportion of the rent from the laft day of payment to the death of such leffor; which they could not do before at common law.

X. TENANT FOR YEARS. A man demifing lands, tene 2 Bl. Cum. 140. ments, &c. to another for a limited number of years, the

leffee

leffee is, in law, confidered as a tenant for years, provided he enter on the premiffes by virtue of fuch leafe. This tenancy may be created by word of mouth, and is called in law a parol leafe, which binds the leffor fo long as the fame was agreed for. (a) If the lease be but for half a year, or a quarter, or any less time, the leffee is ftill confidered as a tenant for years; a year being the shortest term which the law in this cafe takes notice of: and indeed every estate which must expire at a period certain and prefixed is an eftate for years, and is therefore frequently called a term; this estate therefore must have a certain beginning and end : but id certum eft quod certum reddi poteft; therefore if a man make a lease for fo many years as 7. S. fhall name, it is a good leafe for years, for though at first uncertain, yet when 7. S. hath named the years it is reduced to a certainty: and if no day of commencement be named in the creation of this estate, it begins from the making or delivery of the lease.

XI. TENANT AT WILL is where lands are demifed to an- Co. Lit. 56. other To hold to him at the will of the leffor; and by force 2 Bl. Com. 1456 of this demise the leffee becomes poffeffed of fuch lands,

on the motion

c. This tenancy is no longer durable than while the lef for or leffee pleases; for the leffor, in this cafe, cannot oblige the leffee to continue on the lands against his will, and therefore if either diflike, he may give the other legal notice, and fo determine the will; for the holding here is reciprocal. In all cafes (a) of leafes at will of lands to hold (a) Determined from year to year, and fo for as long time as both parties by eleven judges fhall pleafe, the landlord, before he can have title to bring of Gould, J. an ejectment against the tenant at will, must give the te- prefent Ld. nant half a year's notice to quit poffeffion of the farm. And Mansfield and the like notice is neceffary as to houfes let at will, unless there be fome ufage or cuftom (of the place er diftrict where the house is fituate) to give a fhorter or other kind of notice to quit; and it must, in this cafe, be half a year's notice, for fix months notice is not fufficient, and the notice must expire at the time when the tenancy commenced (b). (6) Determined

(a) By 29 Car. 2. c. 3. All leafes, eftates, interefts of freehold, terms of years or any uncertain interest therein, created by livery and feifin only, or by parol, and not put in writing and figned by the parties, hall have the force and effect of

26 Geo. 3.

leafes or eftates at will only, except
all leafes not exceeding the term of
three years from the making thereof,
in which the rent referved fhall
amount to two-thirds of the improv.
ed value.

Ld. Ch. J. De
Grey.

Eater Term 1 Term Rep. 159.

Co. Lit. 57.

2 Bl. Com. 150. 5 Mod. 384.

2 Bl. Com. 147.
Co. Lit. 58.
3 Co. 7.

1 Rol. Abr. 498.

Lit. § 309.
2 Bl. Com. 189.
Co. Lit. 163.

XII. TENANT AT SUFFERANCE. If a man hold lands of another by lease for a term of years, and keep poffeffion thereof after the term is expired, fuch perfon in law is called a tenant at fifferance; this tenancy is begot by the laches of his leffor. But by the ftatute 4 Geo. 2. c. 28. in case any tenant for life or years, or other perfon claiming under, or by collufion with fuch tenant, fhall wilfully hold over after the determination of the term, and demand made in writing for recovering the premiffes, the person holding over fhall pay for the time he continues at the rate of double the yearly value of the lands fo detained.

XIII. COPYHOLDS. Perfons having lands and tenements To hold to them and their heirs in fee-fimple, fee-tail, or for the term of their lives, or on any other condition at the will of a fuperior lord, after the custom of his manor, fuch perfons are called COPYHOLDERS, or tenants by copy of court-roll; a copy of fuch court-roll or entry in the court books of the faid manor (of which the tenant has a tranfcript figned by the steward) being all the evidence or title they have to fhew for their right to the faid lands, &c. Copyhold tenures are derived from the ancient tenure of pure villenage, and vary in different parts of England, according to the custom of the respective manors to which they belong; and it is held, that a tenant of a copyhold eftate is as well inheritable therein as one that has a fee-fimple, provided he comply with the custom of the manor, and perform and pay his fervices due and of right belonging to the lord thereof.

XIV. COPARCENARY. Tenants in co-parcenary are of two kinds, viz. PARCENERS at common law, and by cuftom. By the course of the common law, when a party, either male or female, is feifed of an estate in fee-fimple or fee tail, and dies, leaving iffue only daughters, the eftate defcends to them all equally as co-heirs; or if a man, seised of lands, die without iffue, the eftate defcends to his fifters as coheireffes; or if he has no fifters, and it defcend to his aunts, they are alfo co-heireffes, or tenants in co-parcenary. Where there are several co-parceners, and one dies, leav ing iffue before partition made, the share or interest of the deceased descends to her iffue; and if one die, without iffue, the fhare defcends equally to the co-heirs. Concerning partition of land in co-parcenary, joint-tenancy, and tenancy in common, fee 8 and 9 W. 3. c. 3. and 7 Ann,

c. 18.

XV. PARCENERS BY CUSTOM. In Kent, and fome few Co. Lit. 176. b. other places in England, and in North Wales, if a man ist I Sid. 136. feifed in fee-fimple, or fee-tail, of an eftate held by the te- Plow. 129. nure of gavel-kind, and has iffue, the fons after his death fhall be all co-heirs, and equally inherit those lands, &c. and are called parceners by custom.

XVI. JOINT-TENANTS. When a man, feifed of an eftate Co. Lit. 180. in fee, does enfeoff feveral perfons To hold to them and their 2 Inft. 527. heirs, or To hold to them for the term of their natural lives, or for the life of another, and they become feifed by virtue thereof; or if feveral perfons diffeife another of an eftate to their joint use, fuch are termed Joint-tenants. The nature of this tenure is, that the whole eftate paffes to the furvivor in whom it vefts in fee-fimple to him and his heirs. This furvivorship takes place among all perfons who have joint-eftates or poffeffion with others in chattels real, or perfonal, as leffees, &c. Where there are several jointtenants for life, and one grants a term out of his moiety for a certain annual rent, but dies before fuch term is expired, it holds against the furvivor; but the rent ceases. Among co-heirs or co-parceners the rent does not cease.

2

Will. 341.
Cowp. 660.
I Term Rep.

759.

XVII. TENANTS IN COMMON. Perfons who have lands, Co. Lit. 189. &c. by feveral, and not joint titles, and the feveralty not distinguished whether in fee-fimple, fee-tail, or for life, are deemed Tenants in common. If lands be conveyed by leafe and release to the use of all and every the children of J. G. and their heirs equally to be divided amongst them; thefe words "equally to be divided" make a tenancy in common. If a tenant in common alien his share to another in fee, or give it to another in tail, fuch alienee or donee becomes tenant in common with the other joint-tenants: and if he prove furvivor, is intitled to the fee. The fame doctrine which holds among tenants in common, in eftates in feefimple, or fee-tail, holds alfo between tenants for life. Where two perfons have held lands in common undivided, one half from his ancestors from whom the estate defcended to them undivided from time immemorial, fuch are tenants in common by title of prefcription. The effential difference (a) The pofbetween joint-tenants, and tenants in common, confifts in feffion of one this, joint-tenants hold the estate by one joint title, and in tenant in comone right; and tenants in common hold by feveral titles, or confidered as by one title and feveral rights; whereas a joint-tenant en- the poffeffion of joys one joint freehold, and tenants in common feveral. (a) Cowp. 219.

mon fhall be

the other.

Co. Lit. 205 Wood's Init. 138.

Precedents in

Chancery 71. 2 Peer Wms. 404. 3 Bl. Com. 435.

See this fubje& treated with

great perfpicuity by Mr. Powell in his Law of Mortgages,

XVIII. MORTGAGE ESTATE. The word mortgage is derived from the word mort dead, and gage a pledge, and fignifies a pawn of land, &c. for money borrowed, upon 2 Bl. Com. 157. condition that the land, &c. fhall become the property of the lender, if the money be not repaid at the day agreed. He that mortgages or pawns is called the mortgagor, and he to whom the mortgage is made is called the mortgagee. This eftate is usually made by a leafe for a long term of years, or by assignment of a fubfisting lease, or by a conveyance, by leafe and release, of the fee itfelf; and while the creditor thus holds the land, he is called Tenant in mortgage but it is generally agreed that the mortgagor shall hold the land, &c. until he fail to redeem it by payment of the money borrowed; and even if he fail, the court of chancery will in its equity allow him a further time for redemption; for as the mortgagee cannot fell the estate without a bill to foreclofe, the court will oblige him to do what is right, under all the circumstances of the cafe. The legal intereft of a mortgagor in poffeffion is inferior to that of ▸ a mere ftrict tenant at will, and therefore notice to quit is not neceffary on this fpecies of estate to support an ejectment; neither has the mortgagee any right to make leases, and therefore whoever wifhes to be fecure when he takes a leafe, fhould examine the title deeds (a). By 7 Geo. 2. c. 20. if any action shall be brought, or bill filed, to compel payment of money on mortgages, and the mortgagor fhall pay principal, intereft, and cofts into court, fuch fuits fhall be immediately determined, and cease.

(a) Ketch v. Hale Dongl. 22, 23 and 1 Term Rep. 383.

Bl. Com. 161.

2 Bl. Com. 160. Wood's Inft.

141.

XIX. ESTATE BY ELEGIT, is an estate of which a creditor is put into poffeffion by the sheriff, on the writ of execution called, an elegit, after having obtained a judgment at law against the owner of fuch estate. The creditor in this cafe is put in poffeffion of one half his debtor's lands and tenements, to be held, occupied, and enjoyed, until his debt and damages are fully paid; and during the time he fo holds them, he is called Tenant by elegit.

XX. FSTATE BY STATUTE MERCHANT is created by virtue of a bond, or obligation of record, entered into pursuant to the ftatute 31 Edw. 1. de mercatoribus, conditioned that if the debtor pay not the debt at the day, execution may be awarded upon body, land and goods, and that the obligee, or creditor, may hold the whole lands to him, his heirs and affigns, till the debt be levied and paid.