Discontinuance. Lib. 3. Cap. 11. What it is, viz. when by wrongful alienation of land, he which hath right cannot enter, but is driven to his action, 592. When How it May discon- Natural. Part of the lands of the dean and chapter, it is not, 652. Master of an hospital, 657. Tenant in tail, and driven them which have right to their formedon in descender, 595, remainder, 597, reverter, 596, as the case is. The husband, if he alien his wife's land, 594. May not, viz. the parson or vicar of a church, because they have no fee simple, 643, 644, 645, 646, 647, for a fee may be in abeyance, 648, as when tenant in tail releaseth all his right to a disseisor, 649, or when he granteth all his estate, 650. For the means. By feoffment with livery, 611. 631, to some other than he in the reversion, 625, 626. But not by Release without warranty descending on him whose land is discontinued, 598. 600, 601, 502, 603, 604, 605, 606. 612. Confirmation, 607, 608, 609, 610. Grant, 627, 628, although the grant by fine, 618, unless there was a new reversion gotten before by the discontinuor; as if tenant in tail make a lease for life, and after grant the reversion in fee, 620, 621. 623, but then it must be executed in the life of the tenant in tail, 622. 629. A. For a time only, and that depending upon Contingency. Condition. Where the tenant in tail maketh a gift in tail, or a lease for life, reserving the reversion to himself, 630. Where a husband having issue by his wife, who had issue also by a former husband, alieneth for life, the feme dyeth, lessee for life surrendereth to the baron, after the death of lessee for life the heir may enter without question; quare if he may not before, 636. In fait; for if the discontinuor enter for breach of a condition, the discontinuance is purged, 632. In law; as if an infant discontinue, and die in his infancy; for seeing such alienation should not have barred the infant himself, it seemeth it shall not bar others, 633, 634, 635. REMITTER. Remitter. Lib. 3. Cap. 12. The reason of the name, viz. it is an ancient term in law when a man hath two titles unto land, and he cometh to possession by the later; and when he is in, the law supposeth him in by the former, which is the surer titie, 659, and the cause hereof is, because he hath no man against whom to bring his action for his former title, 661. When it A. Where his entry is To whom, scil. to none but such as have a freehold in deed or law cast upon them, 680, 681, 682, 683. not congeable, there By his disagreement thereunto; as if tenant in taile enfeoffe his son, and another and maketh livery to the other, 684. By other imper- Infancy. Coverture; as if the Baron and feme, although it were by fine, 669, for in taking any thing she shall not be examined, 670. Yet the baron cannot bar his lessor in an action of wast, 667, but the feme in default of her baron at the grand distress may, 668, 669, and she shall maintain an assise against him for entry afterwards, 679, and if this be but of a particular estate, they in reversion or remainder are remitted also, 673. The feme only, if the baron were then absent, and after agree unto it, 677. WARRANTY. The several Warranty. Lib. 3. Cap. 13. Lineal, where a man maketh a feoffment with warranty, and this descends to his son; the cause of which name is not for the lineal descent of it, but because the land should have lineally descended if such warranty had not been, 703. 706. 715. The like is of the feoffment of the mother with warranty, 713, 714. Collateral. This is If the father disseise the son, and after make a feoffment with warranty, 704. If a man be disseised of lands in fee, and have issue two sons, the youngest releaseth with warranty, this is collateral to the eldest, 707, 708. If the disseisee were of lands in taile, the ranty descendeth can-warranty of the uncle is collateral, 719. And so if a man have three sons, and entail his land to the eldest, with remainder to the second, &c. and the eldest doth discontinue with warranty, 716. 719. As it is of sons, so it is of daughters, 710. not convey the same Commencing by disseisin; as if the father, &c. being lessee for years, or at will, of his sons, make a feoffment with warranty, 698, or if he be jointenant with his son, and make a feoffment of all the warranty, 700. So if guardian in socage or chivalry make feoffment, 699. So if a disseisee immediately make a feoffment over with warranty, 702, or if one make a feoffment of the house of A. B. with warranty to barretors of the country for fear of whom A. B. departeth the house, 701. The quality What words will make a warranty, viz Warrantizo only, 733. of it. A. What effect a warranty is of, viz. to bar or rebutt, &c.; where note, What warranties Lineal, for lands in fee, but not in fee taile without assets, 712. Collateral barreth both, but in cases especially provided, 712, as by the stat. of Gloucester the warranty of the tenant by the curtesy barreth not without assets, although it be by fine levied by the husband only, 724, 728. 729, 730, 751, 732. But tenant in dower or for life are not within the statute's compass, 725, yet if such warranty descend upon an infant, he shall not be barred, 726. Commencing by disseisin doth never bar, 697. Whom they bar, viz. none but those upon whom they do descend; therefore they must needs attach in the ancestor, and the warranty by devise barreth not, 734, and warranty doth descend always upon the heir, therefore it never descends upon the brother of the half-blood, 737, nor where the blood is corrupted, 745, 746, 747, at the common law; not by custom, as borough English, or gavelkind, 718. 735, 736. |