3. Free socage lands partake strongly of the feodal nature, as well as those in chivalry; being holden, subject to some service-at the least, to fealty and suit of court; subject to relief, to wardship, and to escheat, but not to marriage; subject, also, formerly, to aids, primer seizin, and fines for alienation... Page 86-89 4. Pure villenage was a precarious and slavish tenure, at the absolute will of the lord, upon uncertain services of the basest nature. 93 5. From hence, by tacit consent or encroachment, have arisen the modern copyholds, or tenure by copy of court roll; in which lands may be still held at the (nominal) will of the lord, (but regulated) according to the custom of the manor.. 95 6. These are subject, like socage lands, to services, relief, and escheat; and also to heriots, wardship, and fines upon descent and alienation 97 7. Privileged villenage, or villein socage, is an exalted species of copyhold tenure, upon base, but certain, services; subsisting only in the ancient demesnes of the crown; whence the tenure is denominated the tenure in ancient demesne.. 99 8. These copyholds of ancient demesne have divers immunities annexed to their tenure; but are still held by copy of court roll, according to the custom of the manor, though not at the will of the lord... 100 9. Frankalmoign is a tenure by spiritual services at large, whereby many ecclesiastical and eleemosynary corporations now hold their lands and tenements; being of a nature distinct from tenure by divine service in certain. 101 CHAPTER VII. OF FREEHOLD ESTATES OF INHERITANCE. II. 1. ESTATES in lands, tenements, and hereditaments are such interest as the tenant hath therein; to ascertain which, may be considered, I. The quantity of interest. The time of enjoyment. III. The number and connections of the tenants.. 103-179 2. Estates, with respect to their quantity of interest or duration, are either freehold, or less than freehold 104 3. A freehold estate, in lands, is such as is created by livery of seizin at common law; or, in tenements of an incorporeal nature, by what is equivalent thereto.. 104 4. Freehold estates are either estates of inheritance or not of inheritance, viz., for life only; and inheritances are, I. Absolute, or fee-simple. II. Limited fees... 104 5. Tenant in fee-simple is he that hath lands, tenements, or hereditaments, to hold to him and his heirs forever 104 6. Limited fees are, I. Qualified, or base, fees. II. Fees conditional at the common law. 109 7. Qualified, or base, fees are those which, having a qualification subjoined thereto, are liable to be defeated when the qualification is at an end.. 109 8. Conditional fees, at the common law, were such as were granted to the donee, and the heirs of his body, in exclusion of collateral heirs. 110 9. These were held to be fees, granted on condition that the donee had issue of his body; which condition being once performed by the birth of issue, the donee might immediately aliene the land; but the statute de donis being made to prevent such alienation, thereupon, from the division of the fee (by construction of this statute) into a particular estate and a reversion, the conditional fees began to be called feestail.. 111, 112 10. All tenements real, or savoring of the reality, are subject to entails.. 113 11. Estates-tail may be, I. General or special; II. Male or female; III. Given in frank-marriage 113-115 12. Incident to estates-tail are, I. Waste. II. Dower. III. Courtesy. IV. Barby fine, recovery, or lineal warranty with assets 115 13. Estates-tail are now, by many statutes and resolutions of the courts, almost brought back to the state of conditional fees at the common law 117 CHAPTER VIII. OF FREEHOLDS, NOT OF INHERITANCE. 120 1. FREEHOLDS, not of inheritance, or for life only, are, I. Conventional, or created by the act of the parties. II. Legal, or created by operation of law...... 2. Conventional estates for life are created by an express grant for term of one's own life, or pur autre vie; or by a general grant, without expressing any term at all... .Page 120 3. Incident to this, and all other estates for life, are estovers, and emblements; and to estates pur autre vie general occupancy was also incident; as special occupancy still is, if cestuy que vie survives the tenant.. 122 4. Legal estates for life are, I. Tenancy in tail, after possibility of issue extinct. II. Tenancy by the courtesy of England. III. Tenancy in dower 124-128 5. Tenancy in tail, after possibility of issue extinct, is where an estate is given inspecial tail, and, before issue had, a person dies from whose body the issue was to spring; whereupon the tenant (if surviving) becomes tenant in tail, after possibility of issue extinct.. 124 6. This estate partakes both of the incidents to an estate-tail and those of an estate for life... 125 7. Tenancy by the courtesy of England is where a man's wife is seized of an estate of inheritance, and he by her has issue, born alive, which was capable of inheriting her estate; in which case he shall, upon her death, hold the tenements for his own life, as tenant by the courtesy. ... 126 8. Tenancy in dower is where a woman's husband is seized of an estate of inheritance, of which her issue might by any possibility have been heir, and the husband dies: the woman is hereupon entitled to dower, or one third part of the lands and tenements, to hold for her natural life.. 128 9. Dower is either by the common law; by special custom; ad ostium ecclesiæ; or, ex assensu patris.... 132, 133 10. Dower may be forfeited, or barred; particularly by an estate in jointure.. 136 CHAPTER IX. OF ESTATES LESS THAN FREEHOLD. ....... 1. ESTATES less than freehold are, I. Estates for years. II. Estates at will. III. Estates at sufferance. 140-150 2. An estate for years is where a man, seized of lands and tenements, letteth them to another for a certain period of time, which transfers the interest of the term; and the lessee enters thereon, which gives him possession of the term, but not legal seizin of the land... 140 3. Incident to this estate are estovers; and also emblements, if it determines before the full end of the term.. 144, 145 4. An estate at will is where lands are let by one man to another, to hold at the will of both parties, and the lessee enters thereon... 145 5. Copyholds are estates held at the will of the lord, (regulated) according to the custom of the manor 147 6. An estate at sufferance is where one comes into possession of land by lawful title, but keeps it afterward without any title at all 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 the 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, 155 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 lands are granted .... till a debt be paid, upon which payment the grantor's estate will revive. II. In mortuo .Page 157 161 OF ESTATES IN POSSESSION, REMAINDER, AND REVERSION. 1. ESTATES, with respect to their time of enjoyment, are either in immediate pos- session 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. 2. A remainder is an estate limited to take effect, and be enjoyed, after another par- ticular estate is determined 3. Therefore, I. There must be a precedent particular estate, in order to support a remainder. II. The remainder must pass out of the grantor at the creation of the par- ticular estate. III. The remainder must vest in the grantee during the continuance, or at the determination, of the particular estate 4. Remainders are, I. Vested; where the estate is fixed to remain to a certain per- son 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.... 168, 169 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 precedent particular estate to support it.. 6. A reversion is the residue of an estate left in the grantor, to commence in pos- session after the determination of some particular estate granted; to which are înci- 7. Where two estates, the one less, the other greater, the one in possession, the other in expectancy, meet together in one and the same person, and in one and the CHAPTER XII. OF ESTATES IN SEVERALTY, JOINT-TENANCY, COPARCENARY, AND COMMON. 1. ESTATES, with respect to the number and connections of their tenants, may be held, I. In severalty. II. In joint-tenancy. III. In coparcenary. IV. In com- 2. An estate in severalty is where one tenant holds it in his own sole right, without 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 4. Joint-tenants have a unity of interest, of title, of time, and of possession; they are seized per my et per tout; and therefore, upon the decease of one joint-tenant, the 5. Joint-tenancy may be dissolved by destroying one of its four constituent uni- 6. An estate in coparcenary is where an estate of inheritance descends from the an- cestor to two or more persons, who are called parceners, and all together make but 7. Parceners have a unity of interest, title, and possession; but are only seized per my, and not per tout; wherefore there is no survivorship among parceners. distinct titles, and for distinct interests, but by unity of possession, because none knoweth his own severalty Page 191 11. Tenants in common have, therefore, a unity of possession (without survivorship; being seized 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... 195 CHAPTER XIII. OF THE TITLE TO THINGS REAL IN GENERAL. 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. A mere or naked possession. II. The right of possession; which is, 1st, an apparent, 2dly, 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 connection 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 common ancestor.. 203, 204 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 seized, in infinitum; but shall never lineally ascend.. 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.. 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 seized, the inheritance shall descend to the blood of the first purchaser, subject to the three preceding rules. To evidence which blood, the following two rules are established .. 220 The collateral heir of the person last seized 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. 224 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 seized. II. His maternal relations in paternal inheritances, and vice versa. 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... Page 246–257 CHAPTER XVI. OF TITLE BY OCCUPANCY. 1. OCCUPANCY is the taking possession of those things which before had no own253 er.. 2. Thus, at the common law, where tenant pur autre 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. 263 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 non-performance of conditions. VI. By waste. VII. By breach of copyhold customs. VIII. By bankruptcy... 267 3. Forfeitures for crimes, or misdemeanors, 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, I. Those in mortmain, made to corporations contrary to the statute laws. II. Those made to aliens. III. Those made by particular tenants, when larger than their estates will warrant 268-274 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. 8. Waste is a spoil, or destruction, in any corporeal hereditaments, to the prejudice of him that hath the inheritance. 281 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 CHAPTER XIX. OF TITLE BY ALIENATION. 1. ALIENATION, Conveyance, or purchase in its more limited sense, is a means of transferring real estates, wherein they are voluntarily resigned by one man and accepted by another.. 287 |