A Systematic Arrangement of Lord Coke's First Institute of the Laws of England, on the Plan of Sir Matthew Hale's Analysis

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.

CHAP. XXXVIII.

SAME SUBJECT.

Of Leases.

Derivation of the word "lease," 403. I. Circumstances requi-

site and incident to a lease 404. Technical words not necessary,

ib. It must have a certain beginning and end, 405. But, in par-

ticular cases, it may cease and revive again in several persons,

405.6. At what time it shall commence, where the demise is, to

hold from the date, or day of the date, 407. Lease to hold, from

the making hereof, or from henceforth, begins from the delivery.

408. So where no time of commencement is mentioned, ib; or

when it bears a void or impossible date, ib.; or when it refers to a

void lease, or misrecites a subsisting lease, to hold from the ending

of the former lease, 408.9. How the reservation of rent is to be

made: In respect of the things out of which it may be made, 410.

Must be out of lands or tenements, whereon a distress may be had,

ib.; though rent may be reserved on a demise of the vesture

or herbage of land, 411: or on a grant of a reversion, or a re-

mainder, &c., ib. In respect of the words by which it may

be made. ib. Diversity between a reservation and an exception,

412. Reservation of rent must be made to the lessor, and not to

a stranger, ib. Reservation of rent to one joint-tenant, on a joint-

Jease, enures to both: unless by deed indented, ib. Diversity

between a reservation of rent to the lessor, without saying, "and

his heirs," and a reservation generally, where the lessor dies during

the term 413. The rent may be reserved every year, or every

two or three years, 414. Where the lessor is not seised of the

land, at the time of the demise, the lessee may plead nil habuit in

tenementis, 415; or non dimisit, &c., ib. Secus if the lease be by

deed indented. ib. II. Lease by estoppel, ib. Lease for years by

tenant pur autre vie, is void on death of cestui que vie, though the

lessor afterwards purchases the reversion, 416 Lease for years

by one having no interest, but who afterwards purchases the land,

is good by estoppel. 417. So where a man takes a lease of his

own land, rendering rent, ib. Secus as to a lease of the herbage,

ib. Estoppel determines by the ending of the term. 418. III. By

whom leases may be made, ib. By stat. 32 H. 8. tenants in tail

may make leases for three lives or twenty-one years, so as to bind

their issue, 419; and ecclesiastics, seised jure ecclesiæ, so as to

bind their successors, ib.; and husband and wife. seised jure uxo-

ris, &c., so as to bind her and their heirs, ib. Circumstances re-

quisite to these leases. 420 to 424. Parson and vicar not within

this statute, 425. By stat. 1 Eliz. 13 Eliz. and 1 Jac. ecclesiasti-

cal persons and corporations are disabled to make leases, except

for 21 years, or three lives, 426. Stat 32. H 8. not altered by the

disabling statute, ib. After lease for 21 years under the disabling

statutes, a concurrent lease for years to begin from the making is

good, ib.; secus if it be for life. 426, 7 Leases, &c. not warrant-

ed by these acts void, as against successors only. 428. 9. Lease by

tenant of the land, and a stranger, enures as the lease of the te-

nant only, and the confirmation of the stranger, 430. Lease by

two several tenants of several lands, enures as several leases, &c.

43L. Lease by tenant pur autre vie and remainder-man, enures as

the lease of the particular tenant during the life of cestui que vie, and afterwards as the lease of the remainder-man, 431. IV. Leases. when void or voidable. 432. Lease by infant at 15, though void at common law, may be good by custom, ib. Leases by tenants in tail, or persons seis d jure ecclesiæ, or jure uxoris, not warranted by enabling statutes, are voidable after the lessor's death, ib. Lease by tenant in tail according to the statute, the tenant in tail dying without issue, is void as to the reversioner, 433. Lease for so many years as lessor shall live, is void in præsenti, 433 to 442.

I. Of what things an exchange may be made, 443. The things exchanged need not be in esse at the time of the exchange, ib. Transmutation of possession not requisite to an exchange, ib The things need not be of the same nature, so as they concern lands or tenements, ib. II. Circumstances requisite to an exchange, 444. The estates reciprocally given in exchange must be equal in quantity, ib. But it is not necessary that there should be equality in value, ib.; nor equality in quality, 445. The word "exchange" is requisite, 446. Execution must be had by entry or claim in the life of the parties, ib. The exchange must be by deed, in the case of things lying in grant, ib.; or where the lands lie in several counties, ib. But livery of seisin is not necessary to an exchange, 446, 7: though entry must be made, 448. Exchange by an infant is voidable only, ib. On an exchange warranty is implied, 448 to 450.

CHAP. XL.
SAME SUBJECT.

Of Releases.

The different kinds of releases, 451. Release in deed; by what words created, 452. Release in law, 453 to 455. What things may be released, 456. Release of a future right is not binding. Secus as to a vested right to take effect in futuro, ib.; or where a warranty is annexed to the release. 457. A bare authority cannot be released 458. Secus as to a power of revocation, ib. Neither can a possibility be released. 459. How a release is to be made, ib. Releases of land, ib. I. Release de mitter le droit, ib. To whom to be made. ib. Relase de mitter le droit to a person having a freehold in deed, or in law, is good, ib. So if the releasee have a reversion 461; or a remainder, 462. But if made to a person having only a bare right, it is void, ib. Exceptions to this rule, 463. Release de mitter le droit to the disseisor's lessee for life, is good (no privity being requisite). 464; secus if made to his lessee for years, ib. How it shall enure, 465. Release de mitter

le droit being made by disseisee to the disseisor, his estate be-

comes lawful, 465 So if made to one of two disseisors, it enures,

to him alone! ib. But if made to one of two feoffees of a dissetsor,

it enures to both, ib. So if made to a reversioner or remainder-

man, it enures to the particular tenant, 466--et è converso, ib.

But a release to one of two disseisors after a lease for life, &c. by

them, enures to both, 467 So where the releasor had but a title

by force of a condition, ib.; or but a right to a moiety, 468; or

where the release is made to the husband of one of two disseisors,

ib. On release de mitter le droit by particular tenant to one of

his disseisors, it enures to both, ib.; unless the reversion be in the

king, 469; or the disseisin be only of an estate for life, ib; or