Tenants in Common. Of lands Of chattels By grant To a common person. Lib. 3. Cap. 4. If one of divers jointenants alien in fee, or in taile, the alienee is tenant in common with the others, 292. 294, 295, 296. 304. If one parcener alien her part, it is so likewise, 309. If I. S. enfeoffe T. S. of the moiety of his lands, not assigning it in severalty, 299, and generally when two or more hold land in fee, or taile, or for life, 300, 301, undivided, and by the common law not compellable to make partition, 318, by several titles, 292. To two bodies politique, or a body natural and a body politique, for they cannot be jointenants, 296, 297. Real, 319, 320. Strangers in action touching the realty they shall sever, unless the thing they sue for be so entire as it cannot be severed: touching the personalty, they shall join where jointenants and parceners join in both, 311, 312, 313, 314, 315, 316, 317. (They may maintain an ejectione firma,322, and an ejectment de gard,323. One another. But no action of trespass quare vi et armis, nor any action of chattels personal and real not severable, but in the first come first served, 323. Estates upon Condition. Lib. 3. In the creation of them. What con- sideration whereof How is double. they may be Upon For the man- The matter. estates. Cap. 5. Precedent; as if a man make a lease for years upon condition that if he do such an act within such a time, that then he shall have fee, 349, 350. Subsequent, when the condition followeth in defeasance of the estate precedent, 350. Such as are against law are void; as that a man seised in fee should not alien at all, 360. Such as agree with the law Not to alien to such an one, 361. that tenant in taile shall not discontinue, 362, 363, and by such condition it is said the right of the taile may be preserved to the issue; quære quomodo, 364. When one maketh a gift in taile, a feoffment in fee, a lease for life or yeares upon condition, 325, 326. are good; as sons Where the estate de- The pendeth upon a contin- place gency; as if a lease be where. made to baron and feme annexed either To lands, during the coverture; or By whom should be By the feoffor only, if no day be limited for the payment, 337. By others; as by the heir, if the feoffor die before the day of payment, 334, or by his executor, 337, or feoffee, 336, of whom the feoffee in mortgage must receive the money upon lawful tender, or else he shall lose the land, and yet be without remedy for the money, 335. 338, but if a stranger tender it, he is not bound to receive it, 334. To whom, scil. the feoffee himself, or if he die before the day, to his executor, unless it be expressly appointed to the heir, $39. If none be appointed, some say the feoffor must seek the feoffee any where within England, 540; others say it sufficeth if he tender it upon the land, quære, ibid. If there be a place appointed, (as it is good to have it as certain as may be,) 342, the feoffee need not receive the money elsewhere; but if he do, it is good, 343. if a lease be made to have as Estates upon Condition. Lib. 3. Cap. 5,-continued. ́Without deed; as if a condition be made upon the livery, 359. Whom do scil. any How they do tie ject there- That come in by descent; and although there be divers disseisins and descents past, yet the working of a condition shall take place, 391, 392. 409. That come in remainder, although the particular tenant only receive the condition, 374. To leave their estate entire, and detain but the use only for a time; as when a lease is made, and rent reserved with a condition to re-enter upon nonpayment, and detain it until, &c. in manner of a distress, 327. To wipe away (Upon breach of Upon such an And in such case, where an entry is congeable, the franktenement resteth not without entry, 351. But such entry or re-entry can be reserved to none but the feoffor and his heirs, 347, as Richell's case is, 720, 721, 722, 723, 724. For if a feoffment be made to pay a yearly rent to a stranger, the condition is good, yet the rent is but a penalty to the feoffee, ibid. By the act of God; as by the death of them to whom the condition is to be performed: but if some of them only be dead, the feoffee must perform it to the other as near the meaning of the parties as he may, and so be discharged, 352, 353, 354. By the act of the party, C. Vide Linfra. Make a feoffment or a lease for life to another, 355. Or take a wife, if he were sole at the time of the feoffment, 357. DESCENTS. Estates upon Condition. Lib. 3. Cap. 6. and 7,-continued. When descents do take away the entry of right. such as have What manner of persons shall not be prejudiced by such descents. Descents. Cap. 6. Upon a disseisin, when a disseisor being a body natural, 413, dieth naturally, 410, Iseised in fee simple, 385, 387, or a donee in taile from a disseisor dieth seised in taile, 386, 387, in possession, 388, and this by course of law doth immediately descend to his issue or some collateral heir, 389. 394, not party to the disseisin, 395. But an escheat for want of his heir is not so, 390. And this putteth him that hath right to his action until the impediment be removed; as if the heir endow his mother, 393, or that the disseisee within age entereth upon the heir in by descent, 407, 408, in these cases the entry of the disseisee is revived, 409. Upon an abatement between brethren; as if the younger entered upon lands descended to the eldest, the eldest not having made any actual entry, 396, and dieth, such descent taketh away no entry, 396. So it is of two coparceners, if one enter into the whole, 398, but if he which abateth were a bastard in the law of the land, yet a mulier in the spiritual law, and died seised without interruption, such descent doth not only bar the mulier of his entry, but also of his action, 399, 400, 401. In regard of their estates, lessee for years; for he leaveth the reversion in the heir which is in by descent, 411, but it is otherwise of a tenant for term of life, 411. In respect of A. For impediments. CONTINUAL CLAIM. The circum-< The privileges of the persons of such as should make their claim. Of time in which the disseisin and descent was, viz. if it be in time of war, it taketh away no entry, 412. Of making the For distance of place; as if By recluse of their claim. For defects (Expressly. Implicatively, by bringing of an action; but if a descent be cast dum curia advisare vult, quære, 422. In themselves, Infancy, 402. Coverture, 403, if no title of entry were given but only the coverture, 404. In others; as the heir shall avoid a descent cast in the time of his ancestor de non sane memory, as well as he shall a feoffment; neither of which the ancestor himself could avoid, 405, 406. For impediments. Vide A. infra. About the king's affairs, 439. Otherwise, for such by intendment cannot have should not have been barred by a fine before the statute of nonclaim, 441. Compulsive; as if he were in prison, 436, for neither outlawry, nor recovery by default, shall bar such an one, which are matters of record, 437, 438. Civil; for the aid of their profession; therefore if one enter into the lands of an abbey in time of vacation, and die seised, quære if such descent shall bar the next elected abbot of his entry, 443. Continual Claim. Lib. 3. Cap. 7. The persons He himself which then hath title of entry, whose claim shall avail for those in remainder or reversion, 416. Some other for him; as his servant; which being made by his commandment, and in his name, sufficeth, if it be made in such effectual manner as the master himself durst have done it at the time of the commandment given, 432, 433, 434, otherwise quære how it shall avail, 435. How this claim must be made. For this consider The circumstances The operation of it when it is made, Of time. It must needs be made within the year and day of the death of the disseisor, else it giveth no benefit of entry to the disseisee, 423, 424, 425, 427, 428. Of place. In the land whereof one is disseised, or in parcel of it, in the name of all in the same county, 417, 418. If one dare not enter into the land of itself, then in some place so near the land as he dare, 419, 420, 421. For purging the present tort, it defeateth the estate upon which the claim was made; as if it were upon a tenancy in taile, the continuance of occupation afterwards is a new disseisin, which giveth a fee, 429, for which the claimor may maintain an action of trespass, or quare vi et armis, &c. or upon the statute 5 R. 2. 7. or 8 H. 6. 9. 430, 451. For preserving the future right of entry after such claim made; for then the entry of the claimor is congeable, notwithstanding the descent of any, 414, 415. 422. RELEASES. The making of them; which is to be considered In the In the manner of making, of it in respect of How it inureth. How it Of lands, 444. Of other things; as The per sons to whom a land may Actions Appeals; which barreth an appeal of murder or robbery; and so doth a release of all manner of actions, 500, 501, and an appeal of mayhem by a release of actions personal, 502. Errors; for other releases bar not by bringing a writ of error to reverse an outlawry, 503. Executions; which a release of all actions will not bar, unless it be a All manner of demands. This is the surest release, 508, 509, 510, but Of the By a descent without actual entry, 448. If the tenant in a præcipe alien dependBy suiting the suit, a release to him notwithstanding is good, 490, 491. in law as To the vouchee, who is supposed tenant in the eye of the law, 491. By reason of an ancient right remaining in him to whom the release is made; as between lord and tenant, if the latter be disseised in regard of the privity, this release is good as to the extinguishment of the seigniory, 454, 458, but a release to the tenant which hath made a feoffment is void, 457, so it is between donor and donee in tail, 455, so between lessor and lessee, but then the rent only is extinct, and not the reversion given away, 456. In law, 447. In possession; as to Lessee for years, after his actual entry, 459, lessee at will, as it seems, 460, but not to him that occupieth only by permission of the owner without any lease, and that is for want of privity, 461, unless it be between feoffor Land feoffee upon confidence, 461, 462, 463. In reversion sometimes; as if a disseisor make a lease for life, 449, but not to one in remainder in droit, 451, and such a release shall benefit the particular tenant, if he have the deed to show, et è converso, 453. The form of a release. Vide A. infra. Between the parties Against Mitter l'estate, as between jointenants, 305. Mitter le droit, as between disseisor and disseisee, S06, 466. Extinguishment, 307, 308, and this is where he to whom the release is made cannot have the things released; as between lord and tenant for service, or for rent charge, or common, 479, 480. Entitled by the right; as if the releasee had accepted it of a stranger upon condition, or had granted a rent charge, he shall avoid neither of them by a release, without an actual entry of him who had right, 476, 477. Claiming of wrong. If there be two disseisors, and the disseisee release to one of them, he shall hold out his companion; but a release to one of the feoffees of a disseisor inureth to both, 472, 473, 474, 475. If an infant disseisor alien in fee, the alienee dies to whose heir the disseisee releaseth, he shall bar the disseisor, continuing yet within age, in a writ of right, 478. 481, 482, 483, 484, 485, in which writ the mere right cometh in question, and not his lawfulness of possession, 486, 487, 489, and he must count in seisin of him or his ancestors, and prove it according to the count, 514. A release of real actions can be pleaded by none but the tenant of the land, 494. That no future right passeth 4. the form of by way of release, notwith. Of a debt due upon an obligation before the day of payment is good, 512, of a rent service before the day void, 513. If it be made to enlarge an estate, the estate intended must be made and expressed, 465. 468, but if the releasor hath but a right, 469, 470, or if the releasee had a fee before, it needeth not, 467. The effect of a release, ATTORNEMENT. The form of it, 515, in which these words dedi et concessi amount to as much as confirmavi, 531, which (as some others) inureth by way of extinguishment; as where the lord granteth his rent to the tenant, or the grant of a rent-charge, 543, 544. Where it inureth, viz. where there is such a possession before whereupon a confirmation may work; therefore if one take away my villein in gross, and I confirm his estate, it is void, 541, 542. Expressly. CONFIRMATION. In what manner. By implication; as if the heir of a disseisor being in by descent, the disseisee joineth with him in a feoffment, here is the confirmation only of the disseisee, and the feoffment of the other; but if the disseisee shall bring a writ of entry in the per et cui Lagainst the feoffee, quære how he shall plead this, 534. Merely to confirm an estate made before, which is the proper force of it; for confirmare idem est quod firmum facere ; as when disseisee confirmeth the estate of the disseisor, 519, 520, 521, 522, or of a lessee to a disseisor, or a rent-charge granted by a disseisor, though he after enter into the land, quære de hoc, 527, or when the lessor confirmeth the grant, 529. 547, or the lessee of his lessee, 516, 517, or when the lord confirmeth the estate of the tenant of the land where the seigniory, rents, and common, remain notwithstanding, 535, 536, 537, or where the parson of a church chargeth his glebe by the confirmation of the ordinary or patron seised in fee, it is made perpetuall, 528. 648, quære, whether the patron and chaplain may not do the like, 530. Το what pur pose. To con- some ad dition. By enlarging confirmed. To commence presently, 524. 526. 535. To take effect by way of remainder, 523, where it is necessary to have these words, to have and to hold, 525, but by neither of both a rent-charge can be enlarged by confirmation, but by new grant upon surrender of the old; but the rent in esse before may be, 548, 549. By altering of it; as a lord by confirmation may diminish the services of his tenant, but not exchange them for other or reserve new, 538, 539, unless he alter it by frankalmoigne, which indeed is no corporal service, 540. Wheresoever the lord, or he in reversion, grants the service of his tenant, or what lies in reversion by deed, 551. 568. Without attornment (which is nothing but a consent to the grant) made to the grantee in the life of the grantor, the grant is void; therefore if one make two several grants to two several persons, he to whom the attornment is first made shall have it, 552, and a reversion barely granted without attornment settleth not, 567. But if it be granted by fine, the reversion settleth without attornment; but the conusee cannot punish waste, or have relief, or other things lying in distress, without it, 579, 580, 581, 582. So they who claim by grant cannot avow without attornment, but such as claim by escheat, 583, 584, or by devise, may, 585, 586. Where it necdeth. Unless How it is made. Where one jointenant releaseth to another, there lessee need not attorn, 574. Where there is lessee for life, the remainder for life, and the lessor releaseth in fee to him in the remainder, 575. Be the same person which granteth; for then he cannot attorn to his own grant, 578. Where services be granted to the tenant, who hath as great estate in the tenancy as the grantor hath in the seigniory; for there it inureth by way of extinguishment, 561. By what per- ways by him who is tenant Upon grants of seigniories, the tenants of the manor must attorn, but not the tenants at will, 553. If it be in lease, he in the reversion must attorn, for he is tenant to the lord, 554. 562, but he in remainder must not, for then the particular tenant is tenant as to make avowrie, 557, and if there be mesne and tenant, the mesne must attorn, 555. Upon grant of a reversion, the tenant of the freehold, 571, and tenant in tail may attorn, but he is not compellable, 570. Upon grant of a remainder, the particular tenant, 569. Upon grant of a rent-charge, the tenant of the freehold, 556. Expressly, 551, where the attornment by one jointenant, 566, or by one kind of service, if it be held by divers, 563, 564, is as effectual as if it were by all, because the seigniory is entire. By accepting of a reversion, 558, 559, 560. of the grant Of a remainder; as where the estate of the tenant for life is confirmed with a remainder, 573. By re-entering into his term; as if lessor enter upon his lessee for years, or life, and make a feoffment, and the lessee re-enter, 576, 577. |