ftrued according to the subject matter, fometimes for actual feifin, fometimes for feifin in law and therefore, as to the writ of right, it fhall be intended of an actual feifin; and, as to avowries, it extends to feifin in law, as well as to seifin in fact, or actual seifin. of Formedon § 10. By the statute 21 Jac. 1. c. 16. f. 1. all writs As to Writs of formedon in defcender, remainder, or reverter, of any manors, &c. must be fued and taken within twenty years next after the title and cause of action first defcended or fallen; and at no time after the faid twenty years. § 11. In confequence of the words "firft defcended or fallen," if a perfon entitled to an eftate tail, with remainder over, neglects to bring his writ of formedon within twenty years after his right accrues, he and his iffue will be for ever barred. But the perfon in remainder will be allowed twenty years, from the determination of the preceding eftate tail, to bring his writ of formedon, although fuch preceding estate tail should continue for centuries. S 12. By the fame ftatute, it is farther enacted, that no person shall make any entry into lands, &c. but within twenty years next after his right or title, which fhall first descend or accrue to the fame; and, in default thereof, fuch perfon fo not entering, and their heirs, shall be utterly excluded and disabled from such entry after to be made. § 13. In confequence of this laft clause in the ftatute 21 Jac. I., a peaceable poffeffion for twenty years takes As to Entry upon Land and Ejectments. Jenk. 16. Tit. 29. c. I. Stocker v. 741. 2 Salk. 421. takes away an entry; and a release of all actions would, in that cafe, give a right: and there would be no remedy for the fee-fimple by writ of right, after fuch poffeffion, and a release of actions. § 14. It has been stated in a former title, that, where a person has a right of poffeffion, it is ufually and properly called a Right of Entry. And as no perfon cạn maintain any ejectment without fuch a right of entry, it follows, that twenty years adverfe poffeffion is a good bar to an ejectment. § 15. An uninterrupted poffeffion for twenty years, 1 Ld. Raym. not only gives a right of poffeffion which cannot be divested by entry, but also, gives a right of entry; fo that, if a person, who has had fuch a poffeffion, is turned out, he may lawfully enter, and bring an ejectment for its recovery, upon which he will be entitled to judgment. So that a poffeffion for twenty years, in this cafe, forms a pofitive prefcription. § 16. Where an estate tail is difcontinued, the eftates in remainder and reverfion expectant thereon are divested, and the iffue in tail, and also the perfons entitled to the estates in remainder and reverfion are barred of their entry, and driven to their action. § 17. An estate tail may be difcontinued by five different modes of conveyance; feoffment, fine, recovery, release, and confirmation with warranty. But no person can create a difcontinuance, who is not in the the actual poffeffion of the eftate tail by force of the intail. § 18. Where a tenant in tail conveys away an eftate, without creating a discontinuance, the right of entry of the iffue in tail is not taken away; and, therefore, the iffue may enter, and bring an ejectment, at any time within twenty years after the death of the tenant in tail. But, if the tenant in tail makes a leafe, which is valid against the issue, the right of entry is thereby poftponed to the determination of the leafe, and the twenty years will not begin to run till that period. $ 19. If a leafe be void, or be confidered as a trust for the perfon entitled to the inheritance, it will not, in that cafe, create an adverfe poffeffion; and, confe- Infra. quently, will not prevent the ftatutes of limitation from running. S 20. By an indenture of fettlement, made in the year 1668, the estates in question were limited to the ufe of Sir Robert Atkyns the elder for life, remainder to Sir Robert Atkyns the younger, and the heirs male of his body by his then intended wife, remainder to the right heirs of Sir Robert Atkyns the elder, with a power to Sir R. Atkyns the elder and Sir R. Atkyns the. younger, when they should be refpectively in poffeffion, to demise the said premises to any person or perfons, for one, two, or three lives, referving the ufual rents; and also a power to Sir Robert Atkyns the father, to limit the premises to the use of any woman he should marry 8 marry, for her life, by way of jointure. Sir Robert Atkyns the father, in 1681, made an appointment of the premises, by way of jointure, to Ann Dacres for her life, and foon after married her. Sir Robert Atkyns the father, by indenture, dated in 1698, under his hand and seal, and attested by three witneffes, between himfelf of the one part and Thomas Dacres of the other part, reciting his power of leafing; in confideration of the rent referved, and in purfuance of the faid power, demifed the premises to Thomas, Robert, and John Dacres, and their affigns, for and during their natural lives, and the life of the longer liver of them, referving a yearly rent of 360 l. And in this leafe was contained the following claufe: "The "true intent and meaning of this eftate or term for "lives, fo hereby granted and made to the faid Tho 66 mas Dacres, R. Dacres, and John Dacres, and the "furvivor of them, being to preferve the said remain"der fo limited in the premises by the said recited in“ denture, to the right heirs of the said Sir Robert Atkyns party to these presents, and to fuch person "or perfons to whom the faid Sir R. Atkyns shall any 66 66 way difpofe of the fame, from being barred by any 66 recovery to be fuffered, or by any other act to be "attempted or done for the barring of the fame." John Dacres alone executed a letter of attorney, reciting the faid leafe, and empowered Thomas Barker to take livery of the premises from Sir Robert Atkyns the father, for himself, and for Thomas and Robert Dacres, and every of them in their names, and for their use, according to the purport of the said inden ture, ture, and to enter and take poffeffion of the faid premises, to the use of them and every of them. Sir Robert Atkyns the father did, in his own person, deliver feifin and poffeffion of the faid premises to the faid Thomas Barker, to the use of the faid Thomas, Robert, and John Dacres. But the leffees were never in poffeffion of the premises in question, otherwise than by the faid livery: nor did they ever receive or pay any rent, for or in respect of the faid premises; and the faid leafe was not found in the custody of Thomas Dacres, the furviving leffee, at the time of his death. Sir Robert Atkyns the father made his will in 1708, and thereby devised his reverfion in fee in the premises in question, and alfo the leafe made to the Dacres by John Tracy the leffor of the plaintiff, (who afterwards took the name of Atkyns), in tail, with several remainders over. Sir Robert Atkyns the father died in 1709; whereupon his widow entered upon the premises, claiming the fame for her life as her jointure, and was in poffeffion. Sir Robert Atkyns the younger brought an ejectment against his father's widow, for the recovery of the premises in question, when a verdict was found for the plaintiff, and judgment entered up accordingly. Soon after this judgment was obtained, and during the life of the widow, Sir Robert Atkyns the fon enVOL. III. N n tered |