: see, and he by his deed granteth it over, and after re-enter; in both these cases one and the same words do amount both to a grant, and to a confirmation in judgment of law of one and the same thing; ne res pereat. And so it is if a disseisor make a lease for life, or a gift in (Ant. 280. Post, 298. 5 Rep, 15, 16. tail, the remainder to the disseisce in fee, the disseisee by his deed granteth over the remainder, the particular tenant attorneth, the disseisee shall not enter upon the tenant for life, or in tail, for then he should avoid his own grant, which amounted to a grant of the estate, and a confirmation also. 302 a. Est autem confirmatio quasi quædam ratihabitio, sufficit tamen quandoque per se, si etiam in se Bract. lib. 2. fol. 59 b. contineat donationem, ut si dicat quis, dedi et confirmavi, licèt juvari possit ex aliqud donatione præcedente. (519)* *But a release, confirmation, or surrender, &c. cannot (4 Rep. 80 b. 2 Cro. 169. Mo. 34. amount to a grant, &c. nor a surrender to a confirmation, Plo. 397, 398.) or to a release, &c. because these be proper and peculiar manner of conveyances, and are destined to a special end (E). "Dedi et concessi, &c" Here is implied that there be more words than dedi and concessi, that will amount "demise." Confirm. 20. Vid. to a confirmation, as dimisi. (b) In ancient statutes and (b) 32 E. 3. Briefe in original writs, as in the writ of entry in casu proviso, 291. Brooke tit. in consimili casu ad communem legem, and many le stat. de Gloc. ca. 4. others, this word dimisi is not applied only to a lease for life, but to a gift in tail, and to a state in fee. (c) (c) 7 Ε. 3.9. Also if a man make a lease to A. for years, and after by his deed the lessor voluit quòd haberet et teneret terram pro termino vitæ suæ ; this is adjudged by this verb (volo) to be a good confirmation for term of his life. will." (E) That a release may operate as a substantive grant when it is made by the owner of a reversion or remainder, see 2 Prest. Conv. 332. 439, A to the effect of the word "grant," in implying a warranty, see ante, p. 252. 254. n. (1) and (K)-[Ed.] 1 Bracton. (Plo. 159.) LITTLETΟΝ. Benignè enim faciendæ sunt interpretationes cartarum propter simplicitatem laicorum ut res magis valeat quam pereat. ALSO, if a man be disseised, and the disseisor die [Sect 334.302 a.] seised, and his heir is in by descent, * and after the On joint-feofiment by disseisee and the heir (1) of the disseisor make jointly disseisee and disseisor's heir, it operates as to the disseisee, as a confirmation. *302 b.. 303 a. a deed to another in fee, and livery of seisin is made upon this, (as to the heir of the disse sor that seuled the deed) the tenements do pass (5), and enure by the same deed by way of feoffment; and as to the disseisee, who sealed the deed, this shall enure, (6) but by way of confirmation. But if the disseisee in this case brings a writ of entry in the per and cui against the alienee (7) of the heir of the disseisor; quære, how he shall plead this deed against the demandant by way of confirmation (8). "Quære, how he shall plead this deed, &c." He may Lib. 1. fol. 146, 147. plead the feoffment of the heir of the disseisor, and the Mayowe's case. confirmation of the disseisee, as it hath been pleaded and allowed. (520)* *302 b. 21 H. 7. 34 b. Pl. Com. 59 a. in Wimbishe's case. (6 Rep. 15 a.) Pl. Com. 59 a. Pl. *"As to the heir of the disseisor, &c. the tenements do pass by way of feoffment." For the land shall ever pass from him that hath the state of the land in him. As if cestuy que use and his feoffees, after the statute of 1 R. 3. and before the statute of 27 H. S. cap. 10 had joined in a feoffment, it shall be the feoffment of the feoffees, because the state of the land was in them. So it is, if the tenant for life, and he in the remainder, Com. 140. in Brown- or reversion in fee. join in a feoffment by deed; the ing's case. 2 H. 5.7. 13 Η. 7. 14. 13 Ε. 4. livery of the freehold shall move from the lessee, and 4а. 27 П. 8. 13. M. 16 & 17 EL 339. (Sid. 83.) (1 Rol. Abr. 6.33.) (Ante, • 45 a.) (1 Rep. 76, 77.) the inheritance from him in the reversion or remainder, from each of them according to his estate. (4) le disseisor, not in L. and M. nor Roh. (5) et uront, not in L. and M. nor Roh. For it can not be adjudged by law, that the feoffment of tenant for life, doth draw the reversion or remainder out of the lessor or him in remainder, or doth work a wrong because they joined together (F). If there be tenant for life, the remainder in tail, &c. Lib. 1. fol. 76. Bredon's case. (Post, and tenant for life and he in the remainder in tail levy 251 b.) a fine, this is no discontinuance or divesting of any estate in remainder, but each of them pass that which they have power and authority to pass. A. tenant for life, the remainder to B. for life, the re- 17 Eliz. Dyer 339. mainder in tail, the remainder to the right heirs of B.; (1 Leo. 31.) A. and B. join in a feoffment by deed, albeit it may be said that this is the feoffment of A. and the confirmation of B. and consequently he in the remainder in tail cannot enter for the forfeiture during the life of B., but be- (1 Leo. 37. 262.) cause B. joined in the feoffment, which was tortious to him in the remainder in tail, and is particeps criminis, therefore they forfeited both their estates, and he in the remainder in tail might enter for the forfeiture. But if. he in the reversion in fee and tenant for *life join in a feoffment by parol, this shall be (as some hold) first, a surrender of the estate of tenant for life, and then the (521)* feoffment of him in the reversion, for otherwise, if the whole should pass from the lessee, then he in the reversion might enter for the forfeiture, and every man's act (ut res magis valeat) shall be construed most strongly against himself (G). (F) Tenant for life, and he in the remainder in fee, make a lease for years by deed indented; the lessee being ejected, declared upon the demise made by the tenant for life, and the remainder-man; and adjudged against the plaintiff, for living the tenant for life, it is only the lease of the tenant for life, and the confirmation of the remainder-man; and he ought so to have declared, 1 Inst. 45 a. So if two joint tenants, two tenants in common, or tenant for life, and he in the remainder, join in the grant of a copyhold, one fine only is due, and it shall enure as one grant only; so if a surrender be made, and after a common recovery is had by plaint, in the nature of a writ of entry, for better assurance, one fine only shall be paid. Co. Copyholder, 162, 163. [Butler, 266.] (G) If tenant for life, and he in the remainder or reversion, join in a feoffment by deed, the freehold passes from the tenant for life, and the deed of feoffment amounts to a grant of the reversion; but in the case dissensor and disseisee, it operates as to the dissersor, as a confir On joint-fenfiment by And it is to be observed, that Littleton here putteth a descent, so as the entry of the disseisee is not lawful; for if the disseisor and disseisee join in a charter of feoffment, and enter into the land, and make livery, it shall be accounted the feoffment of the disseisee, and the confirmation of the disseisor. mation. LITTLETΟΝ. AND in some case a deed of confirmation is good [Sect 516.296 a] and available, where in the same case a deed of release 3. Confirmation, by and to whom to be made. Confirmation by the donor to the lessce for years of his tenant for is good, though is not good nor available. As if I let land to a man for term of his life, who letteth the same to another for term of forty years, by force of which he is in possession; if I by my deed confirm the estate of the tenant for years, release would be void.) and after the tenant for life dieth during the term of (9) years, I cannot enter into the land during the said LITTLETON. term. YET if I by my deed of release had released to the [Sect.517.296. a.] tenant for years in the life-time of the tenant for life, this release shall be void, for that then there was not any privity between (10) me and the tenant for years; for a release is not available to the tenant for years, but where there is a privity between him and him that releaseth (н). (9) forty added L. and M. and (10) moy et le tenant a terme d'ans -luy et moy, L. and M. and Roh. Roh. here propounded by Lord Coke (which is to be understood at common law), as a reversion cannot pass by parol, the law will construe the fee to be executed in the lessor by an implied surrender of the estate for life. -[Ed.] (H) For the effect of such release would be to enlarge the estate of the lessee by giving him a freehold estate for his life, and, we have seen, that the reversioner or remainder-man cannot by release enlarge a particular estate, created out of another particular estate, during the subsistence of the interposed estate, ante, 272 b. p. 499. n. (22); for the privity during that period will be between the lessee in the under-lease, and his lessor; and not between the under-lessee and the person, who has the reversion or remainder, expectant on that interest, which originally was the particular estate. 2 Prest. Conv. 352, 353. But where, as in the instance here put, tenant for life leases for a long term of years absolutely, and the estate of the lessee is confirmed by the reversioner, the lessee will have an absolute instead of a determinable interest; his lease will be derived *This belongeth to the first diversity between a release and a confirmation. 296 a. (522)* 49 Ε. 3. 32. Littleton in this chapter putteth eight diversities between a confirmation and a release (1); and thereof for illustration here he putteth two cases in these sections, which, upon that which hath been said in the precedent chapters, is sufficiently explained. Only in both these (1 Rol. Abr. 482.) cases this is to be observed, that where a confirmation shall enlarge an estate, there privity is required, as well 9 H. 6. 22. tit. Release as in the case of the release, as by many examples which 44. Littleton puts in this chapter appeareth. And note, here is the first case wherein a release and a confirmation do differ. Lessee for life made a lease for thirty years, and after (Cro. Car. 284. 1 Rol. Abr. 483.500. Mo. the lessor and lessee for life made a lease for sixty years 67. Dyer 218 b. to another, which lease for sixty years the lessor did first Hob. 165. Ante, confirm, and after the lessor confirmed the lease for thirty 310a.) years; and after tenant for life died within the thirty years; and it was adjudged (d), that the lease for thirty (d) Inter Unwel & years was determined by the death of lessee for life, and Lodge, temp. Reg. Eliz. (Hob. 7.) that the lessee for sixty years might enter; for that albeit the lease for sixty years was the latter in time, yet was it of greater force in law, for that the lessor, who had power to confirm which of them he would, did first confirm the second lease. In this chapter is also to be observed eight cases, wherein a release and a confirmation have the like operation in law. : LITTLETΟΝ. IN the same manner it is, If I be disseised, and the disseisor make a lease to another for term of years, if [Sect.518.296b.] I release to the termor, this is void : but if I confirm see to his disseisor's out of the estate for life, while that estate continues, and will be binding on the estate of the reversioner, whenever that estate commences in possession. Ante, 45 a. p. 431. 2 Prest. Conv. 133, 134-[d.] (1) And he also states eight instances in which a release and a confirmation agree.-[Ed.] Confirmation by dissei lessee for years, is good (secus as to a release). |