PREFACE. THE Production, at this day, of a new elementary work on the Law of Real Property, may be thought to require some apology. And this, if it were the Author's design or wish to supersede any of the Books now in use, it would not be easy for him to make: but in aspiring to add one to the number, he has only to show that a vacant space was left for his exertions. And that such a space existed, he conceives every person must be sensible, who happens to have passed at once from the perusal of Blackstone's Commentaries to the business of a Conveyancer's Office, and to the necessity of seeking for practical information, not indeed in the Year Books, or immediately in any Book of Reports, or in any thing that bears the character of Black Letter, (except perhaps Coke upon Littleton, or the Touchstone;) but in some ample Digest or Treatise of modern date; which, however excellent in itself, must encumber his unpractised search by that very copiousness and minute accuracy to which it owes much of its value. It has therefore been the Author's endeavour to adapt his work, (though intended to be as complete as possible in itself,) principally to such readers as, being already acquainted with Blackstone, were desirous of further progress, and of an introduction to more scientific or technical preceptors. In pursuing this plan he has had to attend to four paramount objects, namely, selection, method, condensation, and perspicuity. In the first of these he has always chiefly regarded utility; in the second, progressive illustration; and has done his utmost to reconcile the third and fourth; while, in order to promote them all, or at least the three last, he has subdivided the whole book into numbered placita, to which the corresponding numbers in the margin refer. The other references, it is hoped, will in general conduct the reader to the best sources of information, and, directly or indirectly, to satisfactory authorities; by help of which he may exercise his own judgment on every part of the text. To several of his friends the Author is indebted for criticisms and suggestions, of which he has availed himself. Had these been as numerous as he wished, they might have enabled him to present his work to the public with some degree of confidence. At present he can only venture to hope that, if it be found in any degree useful, its inevitable defects will be pardoned. INTRODUCTION CONTENTS. Page Contingent Remainder Joint-tenants Tenants in Sect. 2.-Of Alienation under the Statute of Uses. Uses before the Statute-Bargain and Sale-Cove- nant to stand Seised-Springing and Shifting Uses -Resulting Uses The Statute-Its effects-Sta- tute of Inrolment-Bargain and Sale-Lease and Release Use upon Use-Operation of the Statute -Scintilla Juris - Perpetuity-Declaration of 33 - -- Attainder - Aliens Idiots and Lunatics - Infants and their Guardians-Trustees-Femes Covert- Capacity to Purchase-Disclaimer-Mortmain- The King-Ecclesiastical Corporations-Husband and Wife-Fraud- Usury-Registration-Sales by Executors-Leases by Tenants of particular Estates-Exchanges and Charges of Benefices- Inclosure and Land-Tax Redemption Acts- 67 Sect. 4.-Of Alienation by Will. Custom-Statutes of Wills-Statute of Frauds—Re- vocation-Republication-Lapse-Uses-Execu- tory Devises-Words of Limitation in Fee-Simple Sect. 5.-Of Descent, Curtesy, and Dower. Dying Seised-Purchase-Legitimacy-Representa- tion-Coparceners-Partition-Collateral Descent -Paternal and Maternal Heirs-Incapacity-Di- vestment of Estate descended-Old Use or Rever- sion-Devise to Heir-at-Law-Rule in Shelley's Case-Curtesy-Dower-of Conditional Estates -Jointure-Bar by Fine and Nonclaim Sect. 6.-Of Rights of Entry and Action. Right of Entry-Tolled by Descent-Statutes of Limitation-Real Action-Seisin of Ancestor- Writ of Right-Privilege of Ecclesiastical Cor- porations-Title of Entry without Right of Action Sect. 7.-Of Evidence of Title to Lund in Fee Simple. Nature of Evidence-Possession-Presumption from Instruments of Conveyance-Leases-Receipts for Rent-Declarations by Tenant--Maps-Land-Tax Assessments-Parish Rate Books- Affidavits - Deeds-Indentures and Deeds Poll-Rasure-In- Attestation-Stamps-Wills-Attested Copies - Covenants for Production Right of Custody-Secondary Evidence-Recital-Acts of Parliament - Letters Patent-Fines and Reco- veries-Amendment-Verdicts and Judgments- Writs of Error-Construction of Deeds-Parts of Deeds-Premises and Habendum-Limitation of Legal Estate - Date-Parties-Recitals-Consi- deration-Operative Part-Parcels-Declaration of Uses-Covenants for Title-Warranty-Union and Separation of Deeds-Construction of Wills- of Private Acts of Parliament-of Patents-of Fines and Recoveries-Presumption of Convey- ance-Negative Evidence-Registry Acts-Evi- Sect. 1.-Of the Nature and Creation of Estates Tail. Conditional Fee-Statute de Donis-Formedon- Tail General and Special, Male and Female-De- scent, and Words of Limitation--Creation of Sect. 2.-Of the Alienation of Estates Tail. Discontinuance-Remitter-Lineal and Collateral Warranty-Recovery-Single and Double Voucher -Tenant to the Præcipe-Fine-Donee from the Sect. 2.-Of the Alienation, Forfeiture, and Merger of Alienations which cause Forfeiture-Merger-Quan- against Perpetuities-Powers how affected by the Rule Appointments under Powers |