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reversion or be in the remainder may enter upon the alienee. And if such alienee dieth seised of such estate without continual claim nacle to the tenements, before the dying seised of the alienee, and the lands by reason of the dying seised of the alienee descend to his heir, then cannot he in the reversion nor he in the remainder enter. But if he in the reversion or in the remainder, who hath cause to enter upon the alienee, make continual claim to the land before the dying seised of the alienee, then such a man may enter after the death of the alienee, as well as he might in his life-time.

And if his adversary who occupieth the land, dieth seised in fee, or in fee tail, within the year and a day after such claim, whereby the lands descend to his son as heir to him, yet may he which makes the claim enter upon the possession of the heir, &c. .

But in this case after the year and the day that such claim was made, if the father then died seised the morrow next after the year and the day, or any other day after, &c. then cannot he which made the claim enter : and therefore if he wbich made the claim will be sure at all times that his entry shall not be taken away by such descent, &c. it behooveth him that within the year and the day after the first claim made, to make another claim in form aforesaid, and within the year and the day after the second claim made, to make claim the third claim in the same manner, and within the year and the war. day after the third claim to make another claim, and so over, that i is to say, to make a claim within every year and day next after every claim made during the life of his adversary, and then at what time soever his adversary dieth seised, his entry shall not be taken away by any descent. And such claim in such manner made is most commonly taken and named continual claim of him which maketh the claim, &c.

Discontinuance is an ancient word in the law, and hath divers significations, &c. But as to one intent it hath this signification, viz. where a man hath aliened to another certain lands or tenements and dieth, and another hath right to have the same lands or tenements, but he may not enter into them because of such an alienation, &c.

Also, if tenant in tail of certain land thereof enfeoff another, &c. and hath issue and dieth, his issue may not enter into the land, albeit he hath title and right to this, but is put to his action, which is called a formedon in le discender, &c.

Also, if there be tenant in tail, the reversion being to the donor and his beirs, if the tenant make a feoffment, &c. and die without issue, he in the reversion cannot enter, but is put to his action of formedon in le reverter.

In the same manner is it, where tenant in tail is seised of certain land whereof the remainder is to another in tail, or to another in fee. If the tenant in tail alien in fee, or in fee-tail, and after die without issue, they in the remainder may not enter, but are put to their writ of formedon in the remainder, &c. and for that that by force of such

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feoffments and alienations in the cases aforesaid, and the like cases they that have title and right after the death of such a feoffor or alienor may not enter, but are put to their actions, ut supra ; and for this cause such feoffments and alienations are called discon

tinuances. disseised

le ty Also if tenant in tail be disseised, and he release by his deed to the ein e disseisor and to his heirs all the right which he hath in the same gives nelere tenements, this is no discontinuance, for that nothing of the right pass

eth to the disseisor, but for term of the life of tenant in tail which

made the release, &c. Geoffreenet But by the feoffment of tenant in tail, fee simple passeth by the same

e feoffment by force of the livery of seisin, &c.
are But by force of a release nothing shall pass but the right which he
utomay lawfully and rightfully release, without hurt or damage to other

persons who shall have right therein after his decease, &c. So there
is great diversity between a feoffment of tenant in tail, and a release
made by tenant in tail.

But otherwise it is when tenant for life maketh a feoffment in fee, for by such a feoffment the fee simple passeth. For tenant for years may make a feoffment in fee, and by his feoffment the fee simple shall pass, and yet he had at the time of the feoffment made but an estate for term of years, &c.

Warranty that commences by disseisin is in this manner: as where there is father and son, and the son purchaseth land, &c. and letteth the same land to his father for term of years, and the father by his deed thereof enfeoffeth another in fee, and binds him and his heirs to warranty, and the father dies, whereby the warranty descendeth to the son, this warranty shall not bar the son; for notwithstanding this warranty the son may well enter into the land, or have an assise against the alienee if he will, because the warranty commenced by disseisin: for when the father which had but an estate for term of years, made a feoffment in fee, this was a disseisin to the son of the freehold which then was in the son. In the same manner it is, if the son letteth to the father the land to hold at will, and after the father make a feoffment with warranty, &c. And as it is said of the father, so it may be said of every other ancestor, &c. In the same manner is it, if tenant by elegit, tenant by statute merchant, or tenant by statute staple, make a feoffment in fee with warranty, this shall not bar the heir which ought to have the land, because such warranties commence by disseisin."

Co. Lit. 277 a, b. “ Abate,” is both an English and French word, and signifieth in his proper sense to diminish or take away, as here by his entry he diminisheth and taketh away the freehold in law

1 St. 8 & 9 Vict. c. 106 (1845), c. 4, provides “that a feoffment made after " October 1, 1845, "shall not have any tortious operation." For like Statutes in the United States, see Stimson, Am. Stat. Law, § 1402.

descended to the heir : and so it is said to abate an account, signifying subtraction or withdrawing, &c. and to abate the courage of a man. In another sense it signifieth to prostrate, beat down, or overthrow, as to abate castles, houses, and the like, and to abate a writ; and hereof cometh a word of art, abatamentum, which is an entry by interposition. Now the difference inter disseisinam, abatamentum, intrusionem, deforciamentum, et usurpationem, et purpresturam,

is this: 1. A disseisin is a wrongful putting out of him that is actually seised of 2 a freehold. And abatement is when a man died seised of an estate of

an inheritance, and between the death and the entry of the heir, a

stranger doth interpose himself, and abate. 3. Intrusion first properly is, when the ancestor died seised of any estate

of inheritance expectant upon an estate for life, and then tenant for life dieth, and between the death and the entry of the heir a stranger doth interpose himself and intrude.

Secondly, he that entereth upon any of the king's demesnes, and taketh the profits, is said to intrude upon the king's possession.

Thirdly, when the heir in ward entereth at his full age without satis-
faction for his marriage, the writ saith, quod intrusit.
4. Deforciamentum comprehendeth not only these aforenamed, but any

man that holdeth land whereunto another man hath right, be it by de-
scent or purchase, is said to be a deforceor.
5 Usurpation hath two significations in the common law : one, when a
stranger that no right hath presenteth to a church, and his clerk is
admitted and instituted, he is said to be an usurper, and the wrongful
act that he hath done is called an usurpation.

Secondly, when any subject doth use, without lawful warrant, royal franchises, he is said to usurp upon the king those franchises.

Purprestura, or pourprestura, a purpresture. Purprestura est, &c., generaliter quoties aliquid fit ad nocumentum regii tenementi, vel regiæ vice (vel aliquarum publicarum) vel civitatis, &c. And because it is properly when there is a house builded, or an enclosure made of any part of the king's demesnes, or of an highway, or a common street or public water, or such like public things, it is derived of the French word pourpris, which signifieth an inclosure, but specially applied, as is aforesaid, by the common law.

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SECTION VIII.

REMEDIES.

5 Rich. II. St. 1 (1381), c. 7. And also the King defendeth, That none from henceforth make any entry into any lands and tenements, but in case where entry is given by the law; and in such case not with strong hand, nor with multitude of people, but only in peaceable and easy manner. And if any man from henceforth do to the contrary, and thereof be duly convict, he shall be punished by imprisonment of his body and thereof ransomed at the King's will.?

3 Bl. Com. 117, 118. Personal actions are such whereby a man claims a debt, or personal duty, or damages in lieu thereof: and, likewise, whereby a man claims a satisfaction in damages for some injury done to his person or property. The former are said to be founded on contracts, the latter upon torts or wrongs : and they are the same which the civil law calls “ actiones in personam quce adversus eum intenduntur, qui ex contractu vel delicto obligatus est aliquid dare vel concedere.” Of the former nature are all actions upon debt or promises ; of the latter all actions for trespasses, nuisances, assaults, defamatory words, and the like.

Real actions (or, as they are called in the Mirror, feodal actions), which concern real property only, are such whereby the plaintiff, here called the demandant, claims title to have any lands or tenements, rents, commons, or other hereditaments, in fee-simple, fee-tail, or for term of life. By these actions formerly all disputes concerning real estates were decided ; but they are now pretty generally laid aside in practice, upon account of the great nicety required in their management, and the inconvenient length of their process : a much more expeditious method of trying titles being since introduced, by other actions personal and mixed.

Mixed actions are suits partaking of the nature of the other two, wherein some real property is demanded, and also personal damages for a wrong sustained. As for instance an action of waste : which is brought by him who hath the inheritance, in remainder or reversion, against the tenant for life, who hath committed waste therein, to recover not only the land wasted, which would make it merely a real action; but also treble damages, in pursuance of the Statute of Gloucester, which is a personal recompense; and so both, being joined together, denominate it a mixed action.

See St. 8 Hen. VI. c. 9.

1 Roscoe, REAL ACTIONS, 3. The following table exbibits a view of the various species of real actions :

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REAL ACTIONS ARE,

Writs of
Assize.

(1. Novel disseisin.
2. Nuisance.
3. Darrein presentment.
4. Juris utrum.
15. Mortd'ancestor.

(1. Dum fuit non compos mentis.
(1. Sur disseisin. / 1. By person incapable. 2. Dum fuit infra ætatem.
2. Sur intrusion.

(3. Dum fuit in prisona.

71. Ad communem legem.
2. By particular tenant.
3. Sur alienation.

(2. By stat. \ 1. In casu proviso.

1. 2. In consimili casu.

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11. Cui in vita.

2. Sur cui in vita. | 3. By husband seised jure uxoris. { ! 4. By ecclesiastic. Sine assensu (4. Sur cui ante divortium.

capituli.

Cui ante divortium.

Writs Ancestral Possessory.

4. Sur abatement.
5. Quare ejecit infra terminum.
6. Ad terminum qui præteriit.
17. Causa matrimonii prelocuti.
(1. diel.

2. Besaiel.
3. Tresniel.
| 4. Cosinage.
15. Nuper obiit.

Quare impedit.
Waste.

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