Leases for lives under powers may be created without livery
of seisin

-

And may be made to commence in futuro

147

181

A lease pur autre vie limited to heirs and executors shall de-
volve to the heirs

469

Leases of things lying in grant must, to pass the reversion, be
by deed

147

Leases of freehold interests at the common law to commence

in futuro, are void

156

Otherwise under powers, &c.

181

Will be good if livery of seisin be made after the day has
arrived

157

LEASES FOR YEARS. When leases for years must be by deed 147, 163
They must have a certain commencement and continuance

May have a collateral determination
Instances of such collateral determinations

May be defeated by a condition or subsequent defeazance
Of the commencement

Limited from a day that is past, commences in point of title
from the execution of the deed

161

Gives no right to the profits from the time appointed for the

commencement

ib.

Lease for so many years as A. shall name, is good only from
nomination

ib.

He must name during the lives of the lessor and lessee
Lease for years may cease for a time and be in esse for a time 164, 167
Avoidance of the lease by tenant of a particular estate is only
an avoidance pro tanto

By the owner of a freehold estate

159

142

May operate either as a demise at common law, or as a bar-
gain and sale, at the election of the lessee

225, 233

A general entry of the lessee shall not be a determination of
his election

Mode of reciting the lease in the release

The object in taking a lease for a year, when the purchaser
already has a particular estate, is to have evidence of the
existence of a particular estate

353, 360

When the conveyance is made by a corporation there should
be an entry, and a memorandum of entry on the lease for
a year

258

Lease for a year not used in Ireland, in Jamaica, and some
other of the West India islands

444

LEASE AND RELEASE. Of its form. See Release.

Passes no more than the releasor may lawfully grant

PAGE.

208, 219

217

239

236, 238

ib.

238

242

ib.

249

Does not devest or discontinue estates in remainder or rever-

sion, or purge disseisins

Cannot be pleaded as a feoffment

The lease should be executed before the release
Consequence of loss of the lease for a year

A lease and release by an infant is deemed void

By a tenant in tail is good as against himself, and voidable
only as against the issue

By a corporation aggregate should have an entry on the lease
prior to the release

By a corporation sole, entry is not absolutely necessary
Sed quære

Must be of a vested estate and not of a possibility or mere
right

268

An instrument in the form of a lease and release may operate
as a release of the possibility or right
When the bargainee in the lease, and the releasee in the re-
lease, are different persons

473

Lease and release may be supported, although they are both
dated on the same day, or the release is executed before the
lease

379

363, 386

LESSEE entering and agreeing to the lease is bound by the cove-
nants, although he never executes the lease
At the common law has no estate till entry
Under a bargain and sale for years he has an estate immedi-
ately

415

273

ib.

LIVERY OF SEISIN must be made by a person in possession,
or with the consent of the person in possession
LOSS. Consequence of the loss of the lease for a year

208

242

M.

MONK as dead in law was incapable of being a grantee

A subsequent estate cannot merge in a prior estate
MESNE. Instances of privity notwithstanding mesne estate
MISTAKE in naming the grantee supplied in construction

MERGER. Effect of the merger of the estate of an under-lessee
in the estate of his lessor

The reversion of a termor will prevent the merger of the estate
of an under-lessee in the estate of any other person

One estate for years may merge in another

A determinable fee carved out of an estate-tail may merge in
the fee expectant on the base fee

-

Or a cestui que use

MONSTER is incapable of a grant

MORTGAGES. Observations on the mode of penning the con-

dition for ceasing the mortgagee's estate

On the proviso for reconveyance on payment of mortgage
money
MORTGAGOR occupying as tenant at will is capable of a release
from the mortgagee in enlargement of estate

378

379

378

200

202

291

N.

A mistake in or omission of the name of the releasor

NAME.

in the granting part

Will be supplied by construction from the context

NOTICE. Absence of receipt for consideration money is implied!
notice that it remains unpaid

PAGE.

483

ib.

429

377

172

976

446

PARCELS. Necessity of their accuracy in the leases for a year 380
How to be described in the lease when granted in the release
by schedules

381

Different modes of describing them in the lease for a year
Modes of describing them in the release

ib.

446

In beneficial leases

178

PARISHIONERS, incapable of being grantees in that capacity
and by that name

378

PARTY. A man must be a party to a deed to take an immediate
estate by the rules of the common law

394

Or to be a grantor

ib.

Not necessary to be a party to take a remainder, or an use,
or the benefit of a trust

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

394, 412

A person covenanting or taking the benefit of a covenant must
be a party, if the deed is expressed to be made between,
&c.

An attorney to deliver seisin need not be named as a party to
the indenture

400

PAYMENT of purchase money will be presumed after length of
time

429

ib.

The absence of a receipt is presumptive notice that the money
is unpaid

PERPETUITIES. Application of the rule against perpetuities to
leases for lives of persons unborn, &c.

153, 154, 156

POSSESSION. The statute of uses does not give an actual pos-
session without entry

The phrase in possession is in many books used for vested in

interest

VOL. II.

N N

391

PAGE.

POSSIBILITY. A possibility of reverter is not grantable 276, 473
Whether a possibility under an executory devise shall be ex-
tinguished by descending on the person having the fee sub-
ject to that executory devise

A possibility coupled with an interest is devisable

May be released by way of extinguishment

May be bound by estoppel

May be bound in equity by contract

See Contingent Interest, Expectancy.

PRIVITY OF ESTATE. General nature of

Of the privity necessary between a releasor and releasee to the
validity of a release

-

278

269

ib.

ib.

ib.

327

324, 329

Of the want of privity because the estate of the releasee is de-
rived out of a mesne subsisting estate

352

Cases of immediate privity

337

Cases of privity notwithstanding a mesne estate

338

Instances of privity because a derivative estate is discharged
from its original privity

344

Of mere privity of tenure for the sake of remedy, and not of

estate

345

PROVISO FOR REDEMPTION. Observations on the mode of
penning it in mortgages

PURCHASER. In what cases he may object to a title on the
ground of a defect in a fine

A purchaser from tenant by statute or elegit, has a redeem-
able interest

PURCHASE MONEY. See Payment.

206

75

301

Q.

QUEEN, cannot stand seised to an use

251

R.

RECEIPT FOR PURCHASE MONEY. Its absence is implied
notice that the money remains unpaid

429

Modes of stating the receipt in the deed

421, 428

RECITAL. Whether the recital of the lease for a year operates

as evidence or estoppel

443, 452

Mode of reciting the lease

442

A recital of the fact of possession is sufficient evidence of a
particular estate to support a release

292

How far a recital is evidence

309

Mistake in the recital of a lease for a year is not material.
Ramsbottom and others v. Tunbridge, 2 Maule and Sel-
wyn, 525

RELEASE IN ENLARGEMENT. Its form

1. Of the date

2. Of the parties

392

394

PACE.

RELEASE IN ENLARGEMENT-Continued.

3. Of the testatum clause

4. Of the parcels

5. Of the habendum

6. Of the declaration of uses

To operate by way of enlargement must be to a person hav-
ing a vested estate in possession, reversion or remainder,
and not to one having a mere right, interest or possibility 211,

245, 271
Privity of estate between releasor and releasee is essential 324
Release from reversioner to underlessee during the continuance
of the interposed estate will not enlarge the estate of the
underlessee

352

Cases in which there is privity sufficient to support a release,
notwithstanding a mesne estate

338

Release to a tenant at sufferance will not pass any estate

359

To the tenant of every particular vested estate

To the owner of a determinable or defeasible fee unless de-
rived from an estate tail

284

-

471

To one possessed of a particular estate in autre droit,
trustee, husband, &c.

as

331

To a particular tenant after a partial alienation, provided he
retains a reversion

349

To a man who has a base fee derived from an estate tail
To executors having a chattel interest for payment of debts 300
May not be made to a tenant for life while disseised

472

351

But may extinguish a rent

ib.

A release from a disseisee to a lessee of disseisor passes no
estate

ib.

It may operate as a confirmation

ib.

Under some circumstances a release may be made to a per-
son coming in by disseisin

-

A release to tenant in tail will operate by enlargement, but
will not occasion a merger of his estate

A release from a disseisor to a disseisee operates as a release
of right

A release to a trespasser will not pass an estate by enlarge-

ment

288, 302