made denizen by letters patent, yet he cannot inherit: secus if he be naturalized, ib. A person attainted, 192. Though pardoned by letters patent, yet he cannot inherit, ib.; secus as to a pardon by act of parliament, ib. Attainder of the father no bar to collateral descent between the sons, 192, 3. To whom lands escheat, 194. On attainder for outlawry in an appeal, the escheat has not relation to the time of the offence committed, so as to avoid mesne conveyances: secus as to an indictment, 195. Of the office of escheator, 196, 7.

CHAP. XXXI.'

Of Title by Prescription.

Definition of prescription, 198. Prescription in the person, and in the estate, ib. How a prescription differs from a custom, ib. Circumstances necessary to a good prescription, 199--Continued usage, ib. Time out of mind, ib. Prescription against another prescription, void, ib. What things may be claimed by by prescription, or not, 200. How a title by prescription may be lost, 201. Prescription not destroyed by interruption in the possession only, ib.; secus as to interruption in the right, 201, 2. How pleaded, 203. For things that lie in grant, a man cannot prescribe in a que estate, but only in him and his ancestors, ib. Secus as to things regardant or appendant to a manor, &c. ib.; or as to things in grant, where the que estate is pleaded in another, 204; or where the thing in grant is but a conveyance to the thing claimed by prescription, 204. Of what estate a que estate may be pleaded, and by and in whom it must be alleged, ib.

CHAP. XXΧΙΙ.

Of Title by Forfeiture.

Definition of forfeiture, 206. I. By matter in pais, ib. Alienation by matter in pais for a greater estate than the tenant has, operates as a forfeiture, ib. Secus as to things in grant, if aliened by deed, 207. II. By matter of record ib.; as by alienation, ib.; or by claim, 208; or by affirming the reversion to be in a stranger, 208. Forfeiture incurred by alienation for a greater estate than the tenant has, though not in fee, 209; or by alienation on condition, though the tenant enter for a breach, ib.; secus as to an alienation to him in the remainder, ib. III. Who may take advantage of a forfeiture, 210.

CHAP. XXXIII.

Of Title by Alienation.

Definition of alienation, 211. I. Persons capable of purchase, 212. Natural persons, and bodies politic, ib. Aliens, ib. Persons attainted, 213. Corporations aggregate or sole, ib. Villains, 214. Infants, ib. Persons being non compos mentis, ib. Femes Covert, 215. Persons deformed, &c. ib. II. Persons capable for some special purpose only, ib. III. Persons incapable of taking by purchase, ib. A monster, ib. Persons professed, 216. A society. not incorporated, ib. IV. Persons specially disabled to take some particular thing, ib. V. By what names persons may purchase, 217. Purchaser must be named by his proper name of baptism and surname, ib. Secus where there can be no uncertainty as to the person, ib.; but in pleading, the proper name must be shown, ib. Name of baptism being changed at confirmation, a purchase by the name of confirmation is good, 218. So if made by the name of baptism, before the change, ib. VI. Persons disabled to alien, 219. Men attainted, ib. Aliens, ib. The king's villains, ib. Persons being non compos mentis, ib. Femes covert, ib. Infants, ib. Persons under duress, ib. Bishops and others having ecclesiastical livings, ib. VII. Fines for alienation, 220. Origin of fines for alienation, 220, 1. 2. Fines for alienation, when taken away, 222. VIII. The different modes of alienation, 223.

CHAP. XXXIV.

Of Alienation by Deed.

Definition of a deed, 224. I. The different kinds of deeds, 224, 5. Deeds indented and deeds poll distinguished, 225, 6. All the parts of an indenture make but one deed; and are equally binding, 226. Indenture though sealed by the grantor only, is good, 227. Form of an indenture in the third person, ib. Form of an indenture in the first person. 228. Indenture in the first person, binding on both parties, if sealed by both, and so stated in the deed, 229. Persons not a party to a deed may take by way of remainder, 230; and on entering and agreeing thereto, is bound by the covenants, 230, 1. II. Circumstances requisite to a good deed, 232. Writing on parchment, or paper, 233. Sealing, 233, 4. Delivery, 234. Delivery of a deed, as an escrow, if made to the party himself, is an absolute delivery, 234. Secus, if made to a stranger, 235. Delivery may be made without words; or by words without an act of del very, ib. Consideration. Deeds and conveyances may be avoided in case of fraud, 236, 7, 8; or usury, 239. III. The formal parts of a deed, 240. The premises, ib. Habendum, 241. May control the general intendment of the premises, ib. Tenen dum, ib. Reddendum, 242. Clause of warranty, ib. Sealing, ib. Date, ib. Why anciently omitted, ib. Clause of hiis testibus, 243. Deed may be good though without the formal parts, ib.; or although the grantee be named in the habendum only, ib. Ancieut deeds having an indorsement of the delivery, or of livery of seisin, suspicious, 244.

CHAP. XXXV.

Of Warranty.

Definition of warranty, 245, 6. Diversity between the common law and the civil law, as to warranty, 247. The several kinds of warranty, ib. I. Warranty in deed, 248. To what things it may be annexed, ib. On what conveyances it may be made, 249. By what words created, 249, 250, 1. II. Warranty in law, 252. Cre

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

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