of land by lawful title, but keeps it afterwards without any title at all Page 150 CHAPTER X. OF ESTATES UPON CONDITION. 1. ESTATES (whether freehold or otherwise) may also be held upon condition; in which case their existence depends on the happening, or not happening, of some uncertain event 152 2. These estates are, I. On condition implied. II. On condition expressed. III. Estates in gage. IV. Estates by statute, merchant or staple. V. Estates by elegit 152 3. Estates on condition implied, are where a grant of an estate has, from its essence and constitution, a condition inseparably annexed to it; though none be expressed in words 152 4. Estates on condition expressed, are where an express qualification or provision is annexed to the grant of an estate 154 5. On the performance of these conditions either expressed or implied (if precedent), the estate may be vested or enlarged: or, on the breach of them (if subsequent), an estate already vested may be defeated 154-5 6. Estates in gage, in vadio, or in pledge, are estates granted as a security for money lent; being, I. In vivo vadio, or living gage; where the profits of land are granted till a debt be paid, upon which payment the grantor's estate will revive. II. In mortuo vadio, in dead, or mort gage; where an estate is granted, on condition to be void at a day certain, if the grantor then repays the money borrowed; on failure of which, the estate becomes absolutely dead to the grantor 157 7. Estates by statute merchant, or statute staple, are also estates conveyed to creditors, in pursuance of certain statutes, till their profits shall discharge the debt 160 8. Estates by elegit are where, in consequence of a judicial writ so called, lands are delivered by the sheriff to a plaintiff, till their profits shall satisfy a debt adjudged to be due by law 161 CHAPTER XI. OF ESTATES IN POSSESSION, REMAINDER, AND REVERSION. I. ESTATES, with respect to their time of enjoyment, are either in immediate possession, or in expectancy: which estates in expectancy are created at the same time, and are parcel of the same estates, as those upon which they are expectant. These are I. Remainders. II. Reversions 163 2. A remainder is an estate limited to take effect, and be enjoyed, after another particular estate is determined 164 3. Therefore, I. There must be a precedent particular estate, in order to support a remainder. II. The remainder must pass 4. Remainders are, I. Vested-where the estate is fixed to re- main to a certain person, after the particular estate is spent. II. Contingent-where the estate is limited to take effect, either to an uncertain person, or upon an uncertain event 5. An executory devise is such a disposition of lands, by will, that an estate shall not vest thereby at the death of the devisor, but only upon some future contingency; and without any prece- 6. A reversion is the residue of an estate left in the grantor, to commence in possession after the determination of some parti- cular estate granted: to which are incident-fealty, and rent 176 7. Where two estates, the one less, the other greater, the one in possession, the other in expectancy, meet together in one and 1. ESTATES, with respect to the number and connexions of their tenants, may be held, I. In severalty. II. In joint-tenancy. 2. An estate in severalty, is where one tenant holds it in his own sole right, without any other person being joined with him 179 3. An estate in joint-tenancy, is where an estate is granted to two or more persons; in which case the law construes them to be joint-tenants, unless the words of the grant expressly exclude 4. Joint-tenants have an unity of interest, of title, of time, and of possession: they are seised per my et per tout: and therefore, upon the decease of one joint-tenant, the whole interest remains 6. An estate in coparcenary, is where an estate of inheritance 9. Coparcenary may also be dissolved, by destroying any of its three constituent unities Page 191 10. An estate in common, is where two or more persons hold lands, possibly by distinct titles, and for distinct interests; but by unity of possession, because none knoweth his own severalty 191 11. Tenants in common have therefore an unity of possession (without survivorship; being seised per my, and not per tout ;) but no necessary unity of title, time, or interest 191 12. This estate may be created, I. By dissolving the constituent unities of the two former; II. By express limitation in a grant and may be destroyed, I. By uniting the several titles in one tenant; II. By partition of the land CHAPTER XIII. OF THE TITLE TO THINGS REAL, IN GENERAL. 195 1. A TITLE to things real, is the means whereby a man cometh to the just possession of his property 195 2. Herein may be considered, I. Å mere or naked possession. II. The right of possession; which is, 1st, an apparent, 2ndly, an actual, right. III. The mere right of property. IV. The conjunction of actual possession with both these rights; which constitutes a perfect title 195-199 CHAPTER XIV. OF TITLE BY DESCENT. 1. THE title to things real may be reciprocally acquired or lost, I. By descent. II. By purchase 200 2. Descent is the means whereby a man, on the death of his ancestor, acquires a title to his estate, in right of representation, as his heir-at-law . 201 3. To understand the doctrine of descents, we must form a clear notion of consanguinity; which is the connexion or relation of persons descended from the same stock or common ancestor; and it is, I. Lineal, where one of the kinsmen is lineally descended from the other. II. Collateral, where they are lineally descended, not one from the other, but both from the same 203-4 common ancestor 4. The rules of descent, or canons of inheritance, observed by the laws of England, are these: Inheritances shall lineally descend, to the issue of the person last actually seised, in infinitum; but shall never lineally as cend The male issue shall be admitted before the female. 208 212 Where there are two or more males in equal degree, the eldest only shall inherit; but the females all together Page 214 The lineal descendants, in infinitum, of any person deceased, shall represent their ancestor; that is, shall stand in the same place as the person himself would have done, had he been living 216 On failure of lineal descendants, or issue, of the person last seised, the inheritance shall descend to the blood of the first purchasor; subject to the three preceding rules. To evidence which blood, the two following rules are established 220 The collateral heir of the person last seised must be his next collateral kinsman, of the whole blood 224 In collateral inheritances, the male stocks shall be preferred to the female; that is, kindred derived from the blood of the male ancestors shall be admitted before those from the blood of the female unless where the lands have, in fact, descended from a female 234 CHAPTER XV. OF TITLE BY PURCHASE; AND, FIRST, BY ESCHEAT. 1. Purchase, or perquisition, is the possession of an estate which a man hath by his own act or agreement; and not by the mere act of law, or descent from any of his ancestors. This includes, I. Escheat. II. Occupancy. III. Prescription. IV. Forfeiture. V. Alienation 241-244 2. Escheat is where, upon deficiency of the tenant's inheritable blood, the estate falls to the lord of the fee 244 3. Inheritable blood is wanting to, I. Such as are not related to the person last seised. II. His maternal relations in paternal inheritances, and vice versâ. III. His kindred of the half blood. IV. Monsters. V. Bastards. VI. Aliens, and their issue. VII. Persons attainted of treason or felony. VIII. Papists, in respect of themselves only, by the statute law 246-257 CHAPTER XVI. OF TITLE BY OCCUPANCY. 1. OCCUPANCY is the taking possession of those things, which before had no owner 258 2. Thus, at the common law, where tenant per auter vie died during the life of cestuy que vie, he who could first enter might lawfully retain the possession; unless by the original grant the heir was made a special occupant 259 3. The law of derelictions and alluvions has narrowed the title by occupancy 261 CHAPTER XVII. OF TITLE BY PRESCRIPTION. 1. PRESCRIPTION (as distinguished from custom) is a personal immemorial usage of enjoying a right in some incorporeal hereditament, by a man, and either his ancestors or those whose estate of inheritance he hath: of which the first is called prescribing in his ancestors, the latter, in a que estate Page 263 CHAPTER XVIII. OF TITLE BY FORFEITURE. 1. FORFEITURE is a punishment annexed by law to some illegal act, or negligence, in the owner of things real; whereby the estate is transferred to another, who is usually the party injured 267 2. Forfeitures are occasioned, I. By crimes. II. By alienation, contrary to law. III. By lapse. IV. By simony. V. By nonperformance of conditions. VI. By waste. VII. By breach of copyhold customs. VIII. By bankruptcy 267 3. Forfeitures for crimes, or misdemesnors, are for, I. Treason. II. Felony. III. Misprision of treason. IV. Præmunire. V. Assaults on a judge, and batteries, sitting the courts. VI. Popish recusancy, &c. 267 4. Alienations, or conveyances, which induce a forfeiture, are 1. Those in mortmain, made to corporations contrary to the statute law. II. Those made to aliens. III. Those made by particular tenants, when larger than their estates will war268-274 rant 5. Lapse is a forfeiture of the right of presentation to a vacant church, by neglect of the patron to present within six calendar months 276 6. Simony is the corrupt presentation of any one to an ecclesiastical benefice, whereby that turn becomes forfeited to the crown 278 7. For forfeiture by non-performance of conditions, see Ch. X. 281 8. Waste is a spoil, or destruction, in any corporeal hereditaments, to the prejudice of him that hath the inheritance 9. Copyhold estates may have also other peculiar causes of forfeiture, according to the custom of the manor 284 10. Bankruptcy is the act of becoming a bankrupt; that is, a trader who secretes himself, or does certain other acts, tending to defraud his creditors. (See Ch. XXII.) 285 11. By bankruptcy, all the estates of the bankrupt are transferred to the assignees of his commissioners, to be sold for the benefit of his creditors 286 |