albeit the conusor or Diversity herein when the grant was by fine; 34 H. 6. 7. 20 H. 6. 7. 82. acc. But if the grant were by fine, then conusee dieth, yet the grant is good. state doth pass to the conusee and his heirs; and the attornment to the conusee or his heirs at any time to make privity to distrain is sufficient. But all this is to be taken as Lit- Bract. lib. 2. fol. 81, tleton understood it, viz. of such grants as have their operation by the common law. For since Littleton wrote, if a fine be levied of a seignory, &c. to another, to the use of a third person and his heirs, he and his heirs shall distrain without any attornment, because he is in by the statute of 27 H. 8. cap. 10. by transferring of the state to the use, and so he is in by act in law. And so it is, and for the same cause, if a man at this day by deed indented and inrolled according to the statute, bargaineth and selleth a seignory, &c. to another, the seignory shall pass to him without any attornment; and so it is of a rent, a reversion, and a remainder. So as the law is much changed, and the ancient privilege of tenants, donces, and lessees, much altered concerning attornment, since Littleton wrote. But if the conusee of a fine, before any attornment by deed indented and inrolled, bargaineth and selleth the seignory to another, the bargainee shall not distrain, because the bargainor could not distrain. Et sic de similibus; for nemo potest plus juris ad alium transferre quàm ipse habet. Vide sect. 149. where upon a recovery, the recoveror shall distrain and avow without attornment. Lib. 6. fol. 68. Sir Moyle Finch's case. or when the estate pass ed under the Statute of Uses; (2 Cro. 193. Post 321. 6 Rep. 68.) 27 H. 8. cap. 16. Vid. sect. 584. (Ante, 101b. Post, A grant to the king, or by the king to another, is good or in the king's case. without attornment, by his prerogative. 314b. 1 Rol. Abr. 294. Sect. 564. 1 Rep. Alton Wood's case. Note, that in case of a deed, nothing passeth before attornment, as hath been said. In the case of the fine, the thing granted passeth as to the state, but not to distrain, &c. without attornment (D). In the case of the king, the thing granted doth pass both in estate and in privity to distrain, &c, (D) See n. (L1) infra.-[Ed.] 49 E. 3. 4. 34 H. 6. 8. (1 Sid. 159. 1 Lev. 28.) 309 b. 2. To whom attornment was to be made. 39 H. 6. 3. Tooker's case, ubi supra. *310 a. Attornment to one of two grantees was good as to both; (Post, 313a. Ante, 52 a. 297 b. 296a.) Tooker's case, ubi without attornment, unless it be of lands or tenements that are parcel of the duchy of Lancaster, and lie out of the county palatine (E). "As to say to the grantee, &c." Here is to be seen to what manner of grantees the attornment is good. Regularly the attornment must be according to the grant, either expressly or impliedly. Of the first Littleton hath here spoken. *Impliedly, as if a reversion be granted to two by deed, and the lessee attorn to one of them according to the grant, this attornment is good, but not to vest the reversion only in him to whom attornment is made; but it shall enure to both the supra. 11 H. 7. 12. grantees, for that is according to the grant, and for that it cannot vest the reversion only in him to whom the attornment is made. And so it is if one grantee dieth, the attornment to the survivor is good. or if one died, attorn ment to the survivor was good: secus as to attornment to remainder-mun after tenant for life's decease, 20 H. 6. 7. (Post, 298 a.) Tooker's case, ubi supra. Pl. Com. 187. If the lord grant by deed his seignory to A. for life, the remainder to B. in fee, A. dieth, and then the tenant attorn to B., this attornment is void, because it is not according to the grant; for then B. should have a remainder without any particular estate. If a reversion be granted to a man and a woman, they are 483. (Ante, 187 b.) to have moieties in law; but if they intermarry, and then attornment is had, they shall have no moieties (and yet by the purport of the grant they are to have moieties), because it is by act in law (F). Feme grantor marrying grantee, attornment to If a feme grant a reversion to a man in fee, and marry with the husband was good. the grantee, the lessee attorn to the husband, this is a good 2 R. 2. tit. Attorn ment 8. Lib. 4. fol. attornment in law to the husband (G), 61. Hemling's case. (Mo. 91. con. 1 Lev. 58.) (E) Acc. 4. Inst. 209. Plowd. 221 b.; but later authorities have held otherwise. See 1 Sid. 139. Lev. 28.-[Ed.] (F) The attornment in this case was good, because the words of the grant might still have their effect according to the purport of it, thongh the quality of the grantee's estate was different from what it would have been, if the tenant had attorned before marriage. Hawk. Abr. 410, 411.-[Ed.] (G) But if the feme had married any other person than the grantee before attornment, it would have been an implied countermand of the attornment, because it would then be to the husband's prejudice, by defeating his estate for the life of the wife, which he had gained by the marriage. Infra, 310 b.-[Ed.] If a reversion be granted by deed to the use of J. S., and Attornment to cestui que use of a reversion the lessee hearing the deed read, or having notice of the con- was good; tents thereof, attorn to cestui que use, this is an implied at tornment to the grantee. Temps E. 1. Attorn. 22. 18 E. 4. 7. If a reversion be granted for life, the remainder in tail, the or if sued to grantee for life, it was good as to remainder in fee, the attornment to the grantee for life shall the remainder-man. enure to them in the remainder, to vest the remainder in them. And in those cases if the tenant should say, that I do attoru to the grantee for life, but that it shall not benefit any of them in remainder after his death, yet the attornment is good to them all; for having attorned to the tenant for life, the law (which he cannot control) doth vest all the remainders. And of this more shall be said hereafter in this chapter(H), (Ante, 212 b. Post, 312 b. 6 Rep. 63. Rep. Ford's case. 5 1 Rol. Abr. 412. After attornment to the ALSO, if the lord grant the service of his tenant to one LITTLETON. man, and after by his deed, bearing a later date, he grant [Sect. 552. 310a.] the same services to another, and the tenant attorn to the second grantee, now the said (5) grantee hath the services; and albeit afterwards the tenant will attorn to the first grantee, this is clearly void, &c. Here it is to be observed, that Littleton expresseth not what estate is granted, and very materially; for if the former grant were in fee, and the latter grant were for life, and the tenant doth first attorn to the second grantee, he cannot after attorn to the first grantee to make the fce-simple pass, for that should not be according to the grant; but in that case the attornment to the first is countermanded. And so it is if a reversion, expectant upon an estate for life, be granted to another in fee, and after the grantor before attornment confirm the estate of the lessee, in tail, the attornment to the grantee for the fee-simple is void (1). (5) dit-second, L. and M. and Roh. (H) But where the reversion was granted to one for life, the remainder to another in fee, if the tenant attorned not to the tenant for life, he could not attorn to the remainder-man; because, if there were no particular estate, there could be no remainder; and there could be no particular estate, unless the tenant gave him possession by his attornment. Gilb. Ten. 84.-[Ed.] (I) For the tenant, after the acceptance of such confirmation, could second of two several grantees, it could not be made to the first. 310 a. (Cro. Car. 284. 1 Rol. Abr. 500 Nor when the grantor, before attornment to the grantee of the reversion, confirmed to the tenant in tuil, &c.; *310 b. or where a feme grantor married before attorn ment to the grantee. 11 H. 7. 19. 2 R. 2. ubi supra. P. 3 Eliz. Bendloes. Hemling's case, ubi supra. (1 Rol. Abr. 299.) Attornment to two seve ral grantors was void; 11 H. 7. 12. same person; In the same manner, if a reversion upon an estate for years be granted in fee, and the lessor confirm the estate of the lessee for life, he cannot afterwards attorn. *If a feme sole maketh a lease for life or years, reserving a rent, and granteth the reversion in fee, and taketh husband, this is a countermand of the attornment. Where our author putteth his case of the whole reversion, if two coparceners be of a reversion, and one of them granteth her moiety by fine, the conusee shall have a quid juris clamat for the moiety. If in the case that our author here putteth of several grantees, if the tenaut attorn to both of them, the attornment or to two grants to the is void, because it is not according to the grant. If a reversion be granted for life, and after it is granted to the same grantee for years, and the lessee attorneth to both grants, it is void for the uncertainty; à multo fortiori, if the lord by one deed grant his seiguory to 1. bishop of London, and to his heirs, and by another deed to I. bishop of London, and to his successors, and the tenant attorn to both grants, the attornment is void; for albeit the grantee be but one, yet he hath several capacities, and the grants are several, and the attorument is not according to either of the grants (K). or to one person in two distinct capacities. (Ante, 190 a. Mo. 84.) But attornment to a grant of Black Acre or White Acre, was good after election. But if A. grant the reversion of Black Acre or White Acre, and the lessee attorn to the grant, and after the grantee maketh his election, this attornment is good; for albeit the state was uncertain, yet he attorned to the grant in such sort as it was made: and so note a diversity between one graut not put the grantee in possession according to the grant, because the reversion was altered by such his acceptance; and since he could not put the grantee in possession of the thing as it was granted, he could make no attornment at all; for his attorument could not vary or alter the origi nal grant; as otherwise no person could have told by such grants in whom the reversion or seignory was lodged; and so the notoriety of the attornment (which, it is probable, was anciently made coram paribus), as correspondent to such grants, would have been altogether destroyed. Gilb.. Ten. 83, 84.-Ed.] (K) If a person had granted a reversion to one, and before the attornment of the tenant he sold the reversion to a third, in this case the tenant might have attorned to the second grantee, and it would have made the grant good to him But if the attornment had been made to both the grantees, it would have been void for uncertainty. 11 H. 7. 1 a. `6 Co.. 68.-[Ed.] and several grants, and observe in this case an attornment good in expectation, and yet nothing passed at the time of the attorninent, but by the election subsequent. 3. By whom attornment On grant of a manor ALSO, if a man be seised of a manor, which manor is LITTLETON. parcel in demesne, and parcel in service, if he will alien this [Sect. 553. 310b.] manor to another, it behoveth that by force of the alienation, was to be made. all the tenants which hold of the alienor as of his manor (6), do attorn to the alienee, or otherwise the services remain continually in the alienor (L), saving the tenants at will (7); for it needeth not that tenants at will do attorn upon such alienation, &c. (8) Saving the tenants at will, &c." Here is implied tenant at will or by copy of court-roll according to the custom of the manor, so as the freehold and inheritance both of lands in the hands of tenant at will by the common law, or by custom, shall pass both in right and in possession without any attorn ment. Here it is to be observed, that when a man maketh a feoffment of a manor, the services do not pass, but remain in the feoffor until the freeholders do attorn; and when they do attorn, the attornment shall have relation to some purpose, and not to other. For albeit the attornment be made many years after the feoffment, yet it shall have relation to make it pass out of the feoffor ab initio, even by the livery upon the feoffment, but not to charge the tenants with any mean arrearages, or for waste in the mean time, or the like. If a reversion of laud be granted to an alien by deed, and before attornment the alien is made denizen, and then the attornment is made, the king, upon office found, shall have the land for as to the estate between the parties, it passeth by the deed ab initio (M). (6) &c. added in L. and M. and Roh. (7) &c. added in L. and M. and Rob. (8) pur ceo que mesmes les terres (L) Supra, p. 357. n. (B).~[Ed.] et tenements que ils teignont a volunte part in demesne, and part in service, all the tenants ought to attorn, except tenants at will; (M) But in respect of a stranger, attornment had no relation. And therefore if two deeds were made at several times, and the grantee, whose. 311 a. or tenants by copy. 310 b. Temps E. 2. Attorn. ment. 48 E. 3. 15. (Sid. 310, 319. 373. Ante, 263a. Post, 341 a. 3 Rep. 29. 1 Lev. 208.) (2 Rol. Abr. 394, 395. Ante, 270b. 279 h.) Plo. 482 b. 483 a. |