ated by the word "give," ib.; secus as to the word "grant," 252, 3. Warranty in law implied by the word, "exchange," 254.; by a partition, ib.; and by homage ancestrel, ib. Diversity between these words, as to the extent of the warranty created by them, ib. Warranty in law implied on a gift in tail, &c. reserving rent, ib.; or on an assignment of dower, 255. Warranty in law with assets, a good bar, ib. Secus as to collateral titles ib. Warranty in law binds the neirs though not named, ib.; and extends in some cases to special lands, ib.; and may be created without deed, 256. III. Circumstances requisite to a good warranty in deed. ib. Must be made by a person of full age, ib. And by deed, ib. And on an estate of freehold, ib. Descends to the heir at common law, 257. Diversity herein between a lien real, and a personal lien, 258. The estate must be turned to a right in the heir, or his ancestor, at the fall of the warranty, 259, 260, 1. Must take effect in the life of the ancestor, and be binding on him, 262. Secus as to a warranty in law, 263. The heir must claim in the same right, ib. Diversity in the case of a warranty with assets descending on the king. ib. The heir must be of full age at the tall of the warranty, 264; unless his entry was taken away, 265. IV. Effect of warranty, ib. At common law, every warranty (except by disseisin) was a bar to the heir, ib. Alteration in the common law by the stat. of Glouc. cap. 3. restraining alienation with warranty by tenants by curtesy, &c. of their wives' inheritances, 266. Construction of this statute, 266.7,8. Exception therein as to alienation by fine, intended of a fine by both husband and wife, 268 to 271. The words "Heritage, or marriage of the mother" extend to lands in fee or tail, by descent or purchase. 271. Alteration in the common law by the statute 11 H. 7. cap. 20. restraining alienation with warranty by tenants in dower, &c. of their husbands' inheritances, 272. Construction of this statute, 272, 3. Alteration in the common law by the stat. De Donis restraining alienation with warranty by tenants in tail. 274. Diversity between lineal and collateral warranty, as to their nature, ib. Where the heir on whom a warranty descends, might possibly claim the land as heir to the warranting ancestor, whether as heir lineal or collateral, the warranty is lineal, ib. Where he could not by any possibility inherit the land from the warranting ancestor, it is collateral, 274, 5; which is so called because it is collateral to the title of the land, 276, 7. Diversity between lineal and collateral warranty, as to their effect, 278. Lineal warranty bars the right of a fee-simple, but not of an estate tail without assets, but collateral warranty is a bar to both, without assets, ib. What deemed sufficient assets to make a lineal warranty a bar. 279. Warranty of the uncle of issue in tail, to the discontinuee, a collateral warranty and bar (at common law), 280, Warranty of tenant in tail's middle son, a collateral warranty and bar to the eldest son (at common law), 281; secus as to the youngest son, 282, 3. On discontinuee with warranty by eldest coparcener in tail, the warranty is collateral, and a bar (at common law) to the youngest coparcener as to her own moiety, 284; secus as to the other moiety, ib. Warranty of tenant in tail's wife to his discontinuee, a collateral warranty and 'bar (at common law) to the issue, 285; secus where the husband and wife were tenants in special tail, 286. On gift in tail to the eldest son, remainder to the other sons, the warranty of the eldest son, on his discontinuing the estate tail, is collateral, and a bar to he other sons, 287; secus in case of a gift in tail male to the eldest son, who dies, leaving a daughter, 288. On gift in tail to a man, remainder

to his issue male, remainder to his issue female, the donce's warranty, on discontinuing the intail, is lineal, and no bar to his son, ib.; or daughter, ib.; but the son's warranty to the discontinuee, is collateral, and a bar, (at common law) to the daughter, ib. Gift in tail to the eldest son, remainder to the second son, &c. on condition, that if the eldest alien with warranty, &c. then to remain to the second son, is void, 289 to 294. Warranty of tenant for life descending on remainder-man, a collateral warranty and bar (at common law), 294. Warranty of tenant in dower no bar to the heir being within age at the fall of the warranty, ib. Secus (at common law) if the heir came of age, and did not enter in the life of tenant in dower, 294. Warranty for term of life, a temporary bar only, 295, 6. V. Warranty by disseisin, 297 to 301. Why so called, ib Its qualities, ib. That the disseisin be done immediately to the heir, ib. Exceptions to this rule; in respect of fraud, &c. 302. That the warranty and disseisin be simultaneous, ib. Exceptions to this rule; as where the disseisin is done with intent to make a future feoffment with warranty, &c ib. That it be in nature of coilateral warranty, ib. That there be a disseisin or abatement, &c. ib. Warranty by disseisin binding between the parties, though not as to those that have right. 303. VI. What use may be made of a warranty, ib. Rebutter, ib. Voucher, 304. Proceedings thereon, 305. Warrantia carte, 306. Lands in the possession of vouchee at the time of voucher, liable, 306; or, in warrantia carte, at the time of writ brought, ib. Lands specially bound not liable unless in the vouchee's possession at the time of voucher; secus as to his person, 307. VII. Who may take advantage of a warranty, and against whom, ib. Warranty to two, their heirs and assigns, the assignee of the heir of one may vouch, ib. Warranty to a man, his heirs and assigns, the assignee's heir may vouch, ib. Heirs not being named in warranty cannot vouch, 308; nor assigns not being named, ib. Exception to this rule, by act of law, ib. Diversity herein between a warranty and a covenant real annexed to lard, which yields but damages, ib. Assignee of part of the land may vouch, 309. Secus as to assignee of part of the estate in the land, ib.; unless the whole estate be out of the lessor, ib. Persons not privity in estate may rebut, but not vouch, 310. So as to assigns not named in the warranty, ib.; or persons in by disseisin, &c. ib. But persons claiming above the warranty, can neither vouch nor rebut, 310, 311. A woman, in certain cases, may vouch her husband, 312; and è converso, 313. An infant en ventre sa mere may be vouched with the heir at law, ib. Heir at common law may be vouched with the heir of the land, ib.; or alone, at the tenant's election, ib. Loss of the recovery in value and the recompense, in such case, belong to the heir of the land, 314. Bastard eigné must be vouched alone, 315. Diversity between a personal lien and a real lien, as to special heirs, ib. A warranty may bar a person who claims in another's right, ib. VIII. Warranty, how defeated, suspended, determined or extinguished, 316. By matter in law. ib. The estate to which the warranty was annexed, being defeated, the warranty is also defeated, ib. So if the warrantor takes back as large an estate as he had made, the warranty is defeated, 317; secus if the estate was reconveyed to him and his wife. 318; or to him and a stranger, ib. Where the warrantor takes back a less estate, the warranty is but suspended, ib. The warranting ancestor being attainted, the warranty is determined, 319, 20; though he be afterwards pardoned, 321; secus as to issue born after the pardon, ib. By mat

ter in deed, 322. On release of all warranties, or all covenants real, or all demands, by the warrantee to the warrantor, the warranty is extinct, ib. So it may be extinguished by a defeasance, 323; or by taking benefit of the same, ib. Warranty may be defeated in part, 324. Lineal warranty may be defeated in the same manner as collateral warranty, 324 to 331.

CHAP. XXXVI.

Of the several kinds of Deeds or Conveyances: and first of a Feoffment and Livery of Seisin.

Definition of a feoffment, 332. Its nature and operations, 333. I. Livery of seisin necessary to a feoffment, 334. Livery in deed defined, 335. May be made by a solemn act and words, ib; or by words without any act, ib. Cannot be without words, 336. Diversity herein as to the delivery of a deed, ib. Where the lands lie in one county, livery in part, in the name of the whole, is sufficient, 337; secus if they lie in several counties, 337. How livery shall be made of a moveable fee-simple, ib. Livery of part secundum formam carte, passes all contained in the deed, 338; or, if made to one of several feoffees, passes to all. ib.; or, if made for life, the deed being in fee, passes the fee, ib. Where the deed has no effect, livery according to the deed is void, 339. In case of livery by attorney, the attorney must be appointed by deed, ib. Who may be attornies to make livery, 340. Must pursue his authority, both express and imphed, 341. If he does less than his warrant, it is void, 343. Diversity herein in case of an authority, coupled with an interest, ib. The attorney cannot make livery within the view, 344. Cannot make livery after the death of the feoffor or feoffee, ib. Diversity herein in the case of a corporation aggregate, 345; or as to a license to alien, ib. Letter of attorney may be contained in a deed poll, 346; or in an indenture, the attorney being made a party, ib. Livery in law defined, ib. Is revocable by the death of the feoffor or feoffee before entry, 347. Livery within the view is good, though the land lie in another county, ib. Where the feoffee dares not enter, a claim is sutficient, ib. Livery of seisin necessary to pass a freehold interest in remainder, ib. On lease for years, remainder for life, in tail or in fee, livery must be made o the lessee, 348. Livery to one of two lessecs, in the name of both, is sufficient, ib; secus as to livery to one of two joint attornies, ib. Livery to one of two feoffees, is void as to the absentee, unless by deed, 349. Livery within view to lessee for years, is void to pass a remainder, ib. Livery must be made before the lessee enters, ib.; unless he enters for the purpose of receiving livery, ib. Livery of seisin, the lessee for years being in possession, and not assenting, is void, 350; secus if there be no person on the premises, ib. Feoffiment and letter of attorney to take possession, and after make livery, the feoffor being out of possession, is good, 351; secus as to a lease for years, the lessor being out of possession at the time of the first delivery, ib.; unless it was delivered as an escrow, ib. Diversity as to a man having two ways to pass lands by the common law; and two ways, the one at common law, and the other by the statute of uses, 351, 2. II. What things may pass by feoffinent and livery, 353. IIi. AdTantages of this mode of conveyance, 353, 4. On feoffment in fee

b

without warranty, the purchaser is entitled to all the deeds, 355. Secus as to deeds relating to the title, if the feoffor be bound to warranty, 355.

CHAP. XXXVII.

SAME SUBJECT.

Of Grant and Attornment.

Definition of a grant, 356. Attornment necessary to the grant of what inheritances, ib. Definition of attornment. 357. Different kinds of attornment, 358. Attornment in deed, 359. I. How made, ib. Might be by words alone, ib.; or by delivery of a thing by way of attornment, ib. And might be made in the grantee's absence, 360. And in some cases was good, notwithstanding an alteration in the thing granted, ib. Attornment to the grant for part, was good for the whole, ib. But it must have been made in the life of the grantor and grantee, ib. Diversity herein when the grant was by fine, 361; or when the estate passed under the statute of uses, ib.; or in the king's case, ib. II. To whom attornment was to be made. 362. Attornment to one of two grantees was good as to both, ib.; or if one died, attornment to the survivor was good. ib.; secus as to attornment to remainder-man after tenant for life's decease, ib. Feme grantor marrying grantee, attornment to the husband was good, ib. Attornment to cestui que use of a reversion was good, 363; or if made to grantee for life, it was good as to the remainder-man. ib. After attornment to the second of two several grantees, it could not be made to the first, ib Nor when the grantor, before attornment to the grantee of the reversion, confirmed to the tenant in tail, &c. ib.; or where a feme grantor married before attornment to the grantee. 364. Attornment to two several grantees, was void. ib.; or to two grants to the same person, ib; or to one person in two distinct capacities, ib. But attornment to a grant of Black Acre or White Acre, was good after election, ib. 111. By whom attornment was to be made, 365. On grant of a manor, part in demesne and part in service, all' the tenants ought to attorn, except tenants at will, ib.; or tenants by copy, ib. After attornment by the freeholders to lessee of a manor, his attornment to the grantee of the reversion was sufficient, 366. Attornment to a grant of a reversion ought to be made by the tenant immediately privy to the grantor, ib. Diversity herein between a rent-service, and a rent charge or rent-seck, 367, 8. The tenant having made a lease for life, remainder to another in fee, attornment of lessee for life to the lord's grant of the services, was good 369 On grant of the seignory for life, remainder in fee, attornment to grantee for life was good as to the remainder, 370. IV. Attornment in law, ib On grant of services to the husband of the ter-tenant, his acceptance of the grant was an attornment in law, ib. So if the grant was made to the wife of the tenant, and he accepted the deed. 371. So if the tenant made a lease for life, remainder to another in fee, and the services were granted to the lessee for life, his acceptance of the deed was an attornment in law. (In which case the services were suspended for life only, 372, 3; secus where the grantee held in fee-simple), 373. But where the tenant made a lease for life, saving the reversion to himself, his attornment was necessary to a grant of the seignory to the lessee for life, ib. (In which case the seignory was suspen led during the grantee's life), 373, 4. Payment of part of the services, was a good attornment in law for the whole, 374, 5. Judgment for conusee in a sci. fa for any part of the services, was a good attornment in law for the whole, 375. On lessor confirming to his lessee for life, remainder to another in fee, the lessee's acceptance of the deed was a good attornment in law, as to the remainder, ib. On lessor ousting his lessee for years, or disseising his lessee for life, and making a feoffinent in fee, the lessee's regress was a good attornment in law, to vest the reversion ip the feoffee, 376, 7. So where he recovered in an assise, 378. Diversity in this case between a rent incident to a reversion, and a rent not incident to the reversion, ib. Diversity between money given by way of a tornment, and where it was given by way of seisin of rent, 379. V. What tenants were compellable, or permitted to attorn, 380. Attornment might have been made by one of several joint tenants, ib.; or by the tenant's heir. ib.; or as signee, ib. So it might have been made by an infant, ib. Secus as to a person being non compos, 381. Aight have been made by lessee for years, on a grant of a reversion expectant on his estate, ib.; or by tenants by statute, &c. 382; or by lessee for life, on a grant of a reversion expectant on his estate, ib; or by tenants by curtesy or dower, though after assignment, ib.; or by tenant for life, &c. on a grant of the remainder expectant on his estate, 383. So it might have been made by tenant in tail, on a grant of a remainder expectant on his estate; though he was not compellable to attorn, 384. Secus as to the assignee of tenant in tail after possibility, &c. ib. In case of lease for years to one, remainder to another for life, attornment to a grant of the reversion, might have been made by either, 385. On a grant of a reversion holden ofthe king without license, tenant for life was not compellable to attorn, in a quid juris clamat, 386. Nor was the tenant compellable to attorn, when a grant by fine was defeasible, ib. On attornment by the tenant for life in a quid juris clamat, without saving his priSecus as to an attornment in vilege, his privilege was lost, 387. deed, ib.; or in law, ib.; or where he claimed his privilege in the quid juris clamat, ib. VI. Attornment, in what cases unnecessary, 388. Attornment not requisite to a release by one joint-tenant to his companion, ib..; or by the reversioner to him in remainder for life, 389; or where tenant for life, being entitled to a mediate remainder limited to his own right heirs, granted it over in fee, ib. VII. What a grantee by fine might do before attornment. 390. Might take things seizable without action, but could neither distrain, nor maintain actions requiring privity. 390 1. Secus where he wasin by title paramount, either by act of law, 392, 3; or partly by act of law, and partly by act of the party, 34; or by the statute of uses, ib.; or in the case of a devise 395. VIII. Of attornment to estates by disseisin, &c. 396. Attomment to a disseisor by the tenants of a manor, part in demesne, part in service, dispossessed the lord of the rents and services. 397. Secus in the case of rents in gross, 397, 8; or where the rents and services were incident to a reversion, parcel of the manor, 399--402.