Page.

394, 412

DEED-POLL. Every person is a party to a deed-poll
who is named actively or passively

466

24

DEEDS. Separate deeds may be on the same parchment 417
Observations on the clause, granting the deeds
Several deeds may be parts of the same assurance
Deeds of conveyance to uses, to be perfected by
subsequent fines or recoveries, operate of them-
selves as conveyances
See Uses.

DEEDS TO LEAD THE USES of fines or recoveries, do
not pass any estate of themselves, they are only
directory until fine levied, &c.

2, 7,

11

3

Are part of the same assurance with the fiue or re-
covery

Of the general rules which govern them
Where a fine is levied conformably to all the circum-
stances of an agreement, no inferior evidence can

be received that the fine was levied to other uses 7, 11,

But the uses declared upon such deed may be varied
by deed, subsequent, and before the fine, &c.

But not after the fine, &c.

Whether the concurrence of all the parties to the deed
though not concerned in interest, is necessary to
such variation

If the deed be not pursued in all its circumstances
by the fine, &c. inferior evidence may be admit-
ted that the uses were varied by subsequent agree-

ment

Parol evidence of such variation cannot be received
since the statute of frauds
Although all the circumstances of the deed be not
pursued, the deed shall govern the fine, if no sub-
sequent agreement can be proved

A deed leading the uses of a fine, need not be exe-
cuted by the conuzee, though it is advisable that he
hould execut e

See Uses.

DEEDS TO DECLARE THE USES of fines already le-
vied, and recoveries already suffered, operate on
the seizin of the conuzee or recoveror, not on
the resulting use of the owner

13,

14

19

15

8, 21

21

8, 23

67

4

Whether they must of necessity be indented
Cannot controul uses declared precedent or con-
temporaneous to the fine or recovery

41

42

Nor affect any estate conveyed out of the resulting
use of the owner in the mean time
Must be made during the life and ownership of the
persons levying the fine or suffering the recovery 26, 42

ib.

Page.

DEEDS TO DECLARE THE USES.-Continued.

Ought to be executed by the conuzee

67

Such execution is not essential, though highly advis-
able

ib.

Of the Parts of a Deed of Uses.

1. The denomination or style of the deed

2. The date

3. The parties

4. The recitals

5. The testatum clause

6. The agreement to levy the fine or recovery
7. The declaration of uses

See Condition.

DEFEASANCE of an estate of freehold, must be either

by a condition in the deed creating the estate, or
by a deed executed at the same time

166, 199

Of a term of years may be by deed executed at any

167, 199

Partakes in some degree of the nature of a surrender 203
See Condition.

DESCENT. How the descent of a fee-simple acquired by

tenant in tail by descent, under a gift to his
father and mother is to be regulated

A rent reserved on a grant in fee, made by a person
seised ex parte materna, will, as a new acquisition,
descend to his heirs generally

DESCRIPTION. The effect of an uncertain or erroneous

283

188

one upon the grant

449, 451

See Parcels.

A conveyance by lease and re-

DISCONTINUANCE.

lease, cannot effect a discontinuance of seisin 236, 238

DISSEISEE. He cannot convey by lease and release,

or any other mode

264, 268

269

He may release by way of mitter le droit
DISSEISIN. Circumstances under which it must be made,
to be confined to a disseisin of a particular estate
Of a tenant for life, unless confined to a claim of his
estate, is a disseisin of the reversioner

323

317

DISPOSSESSION of a tenant for years is not necessarily

a disseisin of the reversioner, it may be confined to
the tenancy for years

317

So of tenaut for life

ib.

Or of any other particular tenant

321

A person entering claiming under a void feoffment or
grant is considered as entering by disseisin

310,

DISSEISOR of feoffee to uses is not bound by the uses
A disseisor can release to the disseisee

A disseisor of a particular estate may become tenant
by acceptance of rent by the reversioner
After such acknowledgment of his tenancy he is capa-
ble of a release from the reversioner in enlargement
of his estate

DISTRESS cannot be made upon a cestui-que trust, unless
he occupies under an express contract with his trus-

tee

Page.

262

269

323

289, 290

E.

369

EQUITABLE ESTATES may be transferred without livery
or a lease as a foundation for a release, Wright v.
Wright, 1 Ves.
FREEHOLD ESTATES cannot be confirmed for a part of
the time only, though a term of years may
A defeazance of an estate of freehold must at the com-
mon law be either by a condition in the deed creating
the estate, or by a deed executed at the same time 46,
166, 169, 476

An estate of freehold cannot at common law be made

to cease by condition without entry

164

167, 197

A different rule prevails in limitations to uses and
executory devises

168, 197, 476

An avoidance of au estate of freehold must at the com-
mon law be in toto if at all

167

In limitations of use and executory devises there may
be a partial avoidance

167, 477

A remainder for life to a person not in esse will be
good

153

It is doubtful whether au estate may be made to one
for his own life and the life of another not in esse 153,

154

An estate for the successive lives of persons unborn is
bad as tending to a perpetuity

ib.

Au estate to A. and his executors for years, if he and
his heirs shall so long continue, is good
An estate in fee determinable or defeasible is not ca-
pable of enlargement by release, but the determi-
nable quality may be discharged by a release of the
possibility

155

471

An estate-tail may be enlarged by the release of the
reversioner or remainder-man

275

The estate tail will not be absolutely merged by the

accession of the fee

286

Page.

FREE HOLD ESTATES.- Continued.

An estate for years may be acquired by adverse claim,
but cannot be created by disseisin

322

When an estate pur autre vie is limited to the heirs,
executors, administrators, and assigns of the gran-
tee, it will descend to the heir

It is not necessary on an assignment to name either
heirs or executors in order that all the estate should
pass

469

ib.

Estates of freehold must be limited to take effect im-

mediately

470

475

Except in conveyances to uses and wills, and in things
created de novo

ESTOPPEL. A lease may be binding by estoppel 136, 148
So may a fine

An estoppel must be mutual
Who may make estoppels

137

139

268, 269, 271
the

EVIDENCE. Parol evidence is inadmissible to vary

uses of a fine, although the fine may not have fol-
lowed the circumstances of the deed declaring the

uses

But written evidence may be received in such case al-
though not by deed

EXCEPTIONS. See Deeds,

EXECUTION. See Sunday, Condition, Deed, Lease and
Release.

21

8, 21

Of a deed on a Sunday does not invalidate the deed 362
Of the order of the execution of the lease and release 242,
364, 386

EXECUTOR possessed of a term in right of his testator is
capable of a release in enlargement of his estate
A freehold lease limited to heirs and executors will
belong to the heirs

EXPECTANCIES. See Heirs.

May be bound by estoppel

331

469

271

ib.

And by contract in equity

EXTINGUISHMENT. See Descent.

A possibility under an executory devise is not extin-
guished by descending upon the person seised of
the land subject to that executory devise

The principles of this doctrine examined

FEE.

278

ib.

F.

One fee may be expectant on another in the case of
a fee after an estate-tail changed into a base fee 275, 472

FEE-Continued.
A base fee derived from an estate tail may be enlarg-
ed by a release from the owner of the fee expec-
tant on the estate tail

Page.

277, 472

A determinable fee may be discharged of its determi-
nable quality by a release of the right

It cannot be enlarged in point of estate

FELONY. See Attainted Person.

274, 471
ib.

FEME COVERT may take the benefit of a covenant when
the covenant is entered into by any other person
than her husband

Whether she shall be bound by consenting in a cove-
nant by the husband to levy a fine

See Husband.

FEOFFMENT operates by livery of seisin

90

84

208, 237

By an infant is voidable only when he makes livery in
person, is void when he makes livery by attorney 249
Nothing passes by a feoffment before livery
Inconvenience of this assurance

Feoffment by tenant for life and the next remainder
man, having au estate of inheritance, is a rightful
conveyance

A person entering under a void feoffment is consider-
ed as a disseisor

A lease and release cannot be pleaded as a feoffment
FINE. See Uses. When no uses are declared on a fine or
recovery the use will result to the former owners
according to their ownerships

Whether it can be held to enure to the uses of more
than one deed

218

ib.

310

ib.

238

64

9, 24

44, 45

When levied after conveyance it must enure in con-
firmation of that conveyance, and cannot be decla-
red to new uses without the consent of all persons
concerned in interest under that conveyance
Such consent must be expressed by matter equally
solemn as that by which the conveyance was made 45
Objections to the effect of a fine are not sustainable by
a purchaser without evidence or presumption of de
fectiveness

A fine and declaration of uses is a sufficient conveyance
without a lease and release

A fine operates as a conveyance whenever the conuzor
has a seisin

A fine of lands in ancient demesne levied in the courts
at Westminster is voidable by the lord

But is good till avoided

75

177

ib.

98

ib. 99

99

ib.

Fine levied in the court of ancient demesne cannot be
proclaimed without a custom

The effects of a fine in ancient demesne