on that point, already given in the last division, are equally applicable to cases falling under the present head..

Fourthly. When the conveyance is good, and the recovery is bad, so as to be absolutely void, and not merely voidable, (as when it does not comprise the parcels,) the converse of the last proposition will be

true.

Fifthly. Sometimes the recovery is suf- 103] fered in the first instance; and afterwards, that is to say, after the end of the term, and by deeds dated subsequent to the term, the freehold is conveyed to the tenant.

This recovery is objectionable. It seems clearly voidable by the issue, and those in remainder and reversion, for want of a good tenant to the writ of entry; and it would be highly imprudent to suffer another recovery, without calling for a conveyance from the intended tenant, or naming that person as tenant in the new recovery. In short, it would be extremely difficult to support the second recovery, without such concurrence. But it might, if necessary, be contended, that the declaration of uses, in the language in which this declaration is generally penned, is sufficient to govern the uses, not only of the recovery so suffered, but also of the conveyance itself. For this purpose, an argument to be urged is, that the recovery

is good, as between the parties: that, as between them, the conveyance and the recovery form part of the same assurance: and that on the latter ground, and also on the language and general form of the declaration of uses, when well penned, the uses of the conveyance will be directed by the declaration in this deed, though the deed be subsequent to the recovery.

To obviate as far as may be, the difficulties in practice arising from the circum[104]stances which have been noticed, two cautions are proper to be observed.

First. Never (except in the cases afterwards noticed) to convey to the tenant for any longer period, than during the joint lives of himself and the tenants in tail, who are to be vouched. Thus the estate conveyed to the tenant will determine with his death, and there will not be any necessity for resorting to his heir at law, or devisee; or, (which shall first happen,) it will determine on the death of either of the tenants in tail; and therefore, unless the recovery shall be duly suffered in the first instance, and during the joint lives, the title will not be fettered. And, if further uses are to be declared, as in marriage settlements, &c. these uses may be superadded upon the conveyance: only taking care to make the conveyance in fee, for supplying a seisin to the uses; and by

the declaration of use on the conveyance, to limit the estate which is to be the ground-work of the recovery, for the joint lives of the tenant, &c.

The recovery may then be declared to enure to the uses which are limited after, and expectant on, the estate for the joint lives, in confirmation of,-and for the purpose of giving effect to,—the same uses, discharged of the estate for the joint lives: Or a still neater and more simple way, see Appendix, p. 489, 491, of accomplishing this object will be to limit the use on the [105] conveyance to the tenant during the joint lives; and from and after the determination of that estate, to the uses afterwards declared of the recovery thereby agreed to be suffered : and then to add the uses after the agreement to suffer the recovery. See Appendix, page 376, 381.

Secondly. To take care never to introduce more parcels into the recovery deed, than are intended to be comprised in the recovery; and whenever general words are used, for the purpose of describing the parcels, these general words should be confined to the lands in those townships or parishes alone, which are to be named in the recovery. Nor will it be irrelevant to observe, that the proposed conveyance in fee, and declaration of ulterior uses, are

necessary only when some persons, not intended to be parties to the recovery, as vouchees, are to pass the legal or equitable seisin of the freehold or inheritance. Suppose a tenant in tail to be desirous of suffering a common recovery, to the uses of a settlement made by him, or by any other person, or to uses to prevent dower; and he alone has the freehold and first estate of inheritance; and the tenant to the writ of entry is made by a deed which passes a particular estate, as for the joint lives, &c. : uses may be well declared of the inheritance, upon this recovery; for the fee sim[106]ple passes to the demandant by means of the recovery, and uses may be declared of

his seisin.

It is observable too, that whenever the cause of shifting use, recommended in a forme page (c), is adopted, that clause will effectually obviate all difficulty on the points which have been noticed.

Before this division is brought to a conclusion, it is expedient to observe, that when a tenant in tail has conveyed a base fee, and afterwards departed this life, without suffering a common recovery, or discontinuing the reversion or remainder, the estate he has transferred ipso facto determines, as against the persons seised in (c) Supra, p. 90.

reversion or remainder. It is voidable only, and not void, as against the issue in tail,—and when a fine with proclamations has been levied, the issue are precluded from avoiding the alienation.

Should the heir in tail, after a conveyauce of a base fee by his ancestor, enter, and suffer a common recovery, without taking a conveyance from the assignee under the voidable estate, an opinion, given upon great consideration, was, that the base fee was avoided,-the estate reduced to the issue, and a recovery suffered by him, on a præcipe brought against his own assignee, was effectual. In such case the heir in tail should, after suffering a recovery, carefully refrain from taking a recovery from the absence of the tenant in tail.

Of the Concurrence of Persons who have par-[107] ticular Estates, to enable a Remainder-man or Reversioner in Tail, to suffer a Recovery; and the Cautions under which such Concurrence may be safely given.

It often happens that persons who have the freehold, and whose concurrence is necessary to enable the tenant of an estatetail, in remainder or reversion, to suffer a common recovery, would willingly afford their assistance, if they were advised such