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SECTION IV.

ESTATES LESS THAN FREEHOLD.

LIT. $ 58. Tenant for term of years is where a man letteth lands or tenements to another for term of certain years, after the number of years that is accorded between the lessor and the lessee. And when the lessee entereth by force of the lease, then is he tenant for term of years; and if the lessor in such case reserve to him a yearly rent upon such lease, he may choose for to distrain for the rent in the tenements letten, or else he may have an action of debt for the arrearages against the lessee.

Co. Lit. 46 b. The lessee before entry bath an interest, interesse termini, grantable to another.

LIT. § 68. Tenant at will is, where lands or tenements are let by one man to another, to have and to hold to him at the will of the lessor, by force of which lease the lessee is in possession. In this case the lessee is called tenant at will, because he hath no certain nor sure estate, for the lessor may put him out at what time it pleaseth him.

Co. Lit. 57 b. There is a great diversity between a tenant at will and a tenant at sufferance; for tenant at will is always by right, and tenant at sufferance entereth by a lawful lease, and holdeth over by wrong. A tenant at sufferance is he that at the first came in by lawful demise, and after his estate ended continueth in possession and wrongfully holdeth over. As tenant pur terme d'auter vie continueth in possession after the decease of Ce que vie, or tenant for years holdeth over his term; the lessor cannot have an action of trespass before entry.

SECTION V.

REVERSIONS AND REMAINDERS.

Lit. § 19. In the same manner it is of the tenant in especial tail, &c. For in every gift in tail without more saying, the reversion of the fee simple is in the donor. And the donees and their issue shall do to the donor, and to his heirs the like services, as the donor doth to his lord next paramount, except the donees in frankmarriage, who shall hold quietly from all manner of service (unlesse it be for fealty) until the fourth degree is past, and after the fourth degree is past the issue in the fifth degree, and so forth the other issues after him, shall hold of the donor or of his heirs as they hold over, as before is said.

Co. LIT. 22 b. A reversion is where the residue of the estate always doth continue in him that made the particular estate, or where the particular estate is derived out of his estate, as here in the case of Litt. Tenant in fee simple maketh gift in tail, so it is of a lease for life, or for years.

Co. Lit. 23 a. " The donees and their issue shall do to the donor, and to his heirs the like services, as the donor doth to his lord next paramount." The reason of this is, that when by construction of the said statute there was a reversion settled in the donor, for that the donee had an estate of inheritance, the judges resolved that he should hold of his donor, as his donor held over: as if the tenant had made a feoffment in fee at the common law, the feoffee should have holden of the feoffor as he held over, and before the statute of W estm]. 2, the donee had holden of the donor as of his person, and now of him as of his reversion : but if a man make a lease for life, or years, and reserve nothing, he shall have fealty only and no rent, though the lessor hold over by rent, &c.

Co. Lit. 143 a. "Remainder," in legal Latin, is remanere, coming of the Latin word remaneo ; for that it is a remainder or remnant of an estate in lands or tenements, expectant upon a particular estate created together with the same at one time.

Co. LIT. 18 a. And yet in several persons by act in law, a reversion may be in fee simple in one, and a fee simple determinable in another by matter ex post facto; as if a gift in tail be made to a villein, and the lord enter, the lord hath a fee simple qualified, and the donor a reversion in fee. But if the lord infeoffe the donor, now both fee simples are united, and he hath but one fee simple in him. But one en w ear fee simple cannot depend upon another by the grant of the party; as not bide if lands be given to A., so long as B. hath heirs of his body, the on a remainder over in fee, the remainder is void.

2 Inst. 505. But yet tenant for life, and tenant in tail are not wholly excluded by force of these words [in fee simple] out of this Statute (Quia emptores, c. 3], for where the whole fee simple passeth out of the feoffor, there this Act extendeth to estates for life and in tail; as if an estate for life or in tail be made of land, the remainder in fee, there then tenant for life or in tail shall hold de capitali domino by force of this act, but otherwise it is when a reversion remaineth in the donor or lessor.

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SECTION VI.

JOINT OWNERSHIP.

LIT. S$ 241, 242, 265, 277, 280-282, 287, 292, 294, 309, 319, 321. Parceners are of two sorts, to wit; parceners according to the course of the common law, and parceners according to the custom. Parceners

after the course of the common law are, where a man, or woman, seised of certain lands or tenements in fee simple or in tail, hath no issue but daughters, and dieth, and the tenements descend to the issues, and the daughters enter into the lands or tenements so descended to them, then they are called parceners, and be but one heir to their ancestor. And they are called parceners ; because by the writ, which is called breve de participatione facienda, the law will constrain them, that partition shall be made among them. And if there be two daughters to whom the land descendeth, then they be called two parceners; and if there be three daughters, they be called three parceners; and four daughter's, four parceners; and so forth.

Also, if a man seised of tenements in fee simple or in fee tail dieth without issue of his body begotten, and the tenements descend to his sisters, they are parceners, as is aforesaid. And in the same manner, where he hath no sisters, but the lands descend to his aunts, they are parceners, &c. But if a man hath but one daughter, she shall not be called parcener, but she is called daughter and heir, &c.

Parceners by the custom are, where a man seised in fee simple, or in fee tail of lands or tenements which are of the tenure called gavelkind within the county of Kent, and hath issue divers sons and die, such lands or tenements shall descend to all the sons by the custom, and they shall equally inherit and make partition by the custom, as females shall do, and a writ of partition lieth in this case as between females. But it behooveth in the declaration to make mention of the custom. Also such custom is in other places of England, and also

such custom is in North Wales, &c. 3. Jointenants are, as if a man be seised of certain lands or tenements,

&c. and infeoffeth two, three, four, or more, to have and to hold to them for term of their lives, or for term of another's life, by force of which feoffment or lease they are seised, these are jointenants.

And it is to be understood, that the nature of jointenancy is, that he which surviveth shall have only the entire tenancy, according to such estate as he hath, if the jointure be continued, &c. As if three join. tenants be in fee simple, and the one bath issue and dieth, yet they which

survive shall have the whole tenements, and the issue shall have nothdescend.

ing. And if the second jointenant hath issue and die, yet the third which surviveth shall have the whole tenements to him and to his heirs for ever. But otherwise it is of parceners; for if three parceners be,

and before any partition made the one hath issue and dieth, that which ento him belongeth shall descend to his issue. And if such parcener die

without issue, that which belongs to her shall descend to her co-heirs, so as they shall have this by descent, and not by survivor, as jointenants shall have, &c.

And as the survivor holds place between jointenants in the same manner it holdeth place between them which have joint estate or possession with another of a chattel, real or personal. As if a lease of lands or tenements be made to many for term of years, he, which survives of

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the lessees, shall have the tenements to him only during the term by force of the same lease. And if a horse, or any other chattel personal Summor Ras be given to many, he which surviveth shall have the horse only. ale qug auto

In the same manner it is of debts and duties, &c. for if an obliga- al tion be made to many for one debt, he which surviveth shall have the whole debt or duty. And so is it of other covenants and contracts, &c.

Also, if there be two jointenants of land in fee simple within a borough where lands and tenements are devisable by testament, and if Hint unauta the one of the said two jointenants deviseth that which to bim belongeth cannot den by bis testament, &c. and dieth, this devise is void. And the cause is, vise this for that no devise can take effect till after the death of the devisor, and she by his death all the land presently cometh by the law to his companion, which surviveth, by the survivor; the which he doth not claim, nor hath any thing in the land by the devisor, but in his own right by the survivor according to the course of law, &c. and for this cause such devise Paren is void. But otherwise it is of parceners seised of tenements devisable haremereund.. in like case of devise, &c. causa qua supra.

Tenants in common are they, which have lands or tenements in fee simple, fee tail, or for term of life, &c. and they have such lands or tenements by several titles, and not by a joint title, and none of them know of this his several, but they ought by the law to occupy these lands or tenements in common, and pro indiviso to take the profits in common. And because they come to such lands or tenements by several titles, and not by one joint title, and their occupation and possession shall be by law between them in common, they are called tenants in common. As if a man infeoff two jointenants in fee, and the one of them alien that which to him belongeth to another in fee, now the alienee and the other jointenant are tenants in common; because they are in such tenements by several titles, for the alienee cometh to the moiety by the feoffment of one of the jointenants, and the other jointenant hath the other moiety by force of the first feoffment made to him and to his companion, &c. And so they are in by several titles, that is to say, by several feoffments, &c.

Also, if three jointenants be, and one of them alien that which to him belongeth to another man in fee, in this case the alienee is tenant in common with the other two jointenants : but yet the other two jointenants are seised of the two parts which remain jointly, and of these two parts the survivor between them two holdeth place, &c.

Also, if two parceners be, and the one alieneth that to her belongeth to another, then the other parcener and the alienee are tenants in common.

Also, as there be tenants in common of lands and tenements, &c. as aforesaid, in the same manner there be of chattels reals and personals. As if a lease be made of certain lands to two men for term of 20 yeares, and when they be of this possessed, the one of the lessees grant that which to him belongeth to another during the term, then he to whom the grant is made and the other shall hold and occupy in common.

In the same manner it is of chattels personals. As if two have jointly by gift or by buying a horse or an ox, &c. and the one grant that to him belongs of the same horse or ox to another, the grantee, and the other which did not grant, shall have and possess such chattels personals in common. And in such cases, where divers persons have chattels real or personal in common, and by divers titles, if the one of them dieth, the others which survive shall not have this as survivor, but the executors of him which dieth shall hold and occupy this with them which survive, as their testator did or ought to have done in his lifetime, &c. because that their titles and rights in this were several, &c.

NOTE. -For statutory changes in the United States, see Stimson, Am. Stat. Law, 88 1371, 1375.

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