[240]

If John
Stiles was

next the issue of George Stiles of the half blood (12), will take, respect being still had to their age, sex, and blood; then in the same way Walter, the father of the paternal grandfather (13), the issue of Walter and Christian Stiles (14), and the issue of the half blood of Walter (15); and so on in the paternal grandfather's paternal line (16, 17), in infinitum. In default of these, it is

expressly enacted, as we have already seen,' that Anne Godfrey (18) would take; and so on in the maternal line of Walter Stiles in infinitum. In failure of this resort would be had to the maternal line of George Stiles, and Christian Smith (19) would take; then her issue of the half blood (20); then William Smith her father (21); then his issue (22), then Jane Smith (23), and so on in the paternal grandfather's maternal line in infinitum, till both the bloods of George Stiles, the paternal grandfather, are spent. Then we must resort to Cecilia Kempe, the paternal grandmother (24); then to her half blood (25); then to Luke Kempe, the father of the paternal grandmother (26); then to his issue of the whole and half blood (27 and 28); and so on in the paternal grandmother's paternal line in infinitum. In default of which we must call in Frances Holland (32); then her issue of the half blood (33); then Charles Holland (34); his issue (35); and then Mary Holland (36); and so on in the paternal grandmother's maternal line, or blood of Frances Holland in infinitum, till both the immediate bloods of Cecilia Kempe, the paternal grandmother, are also spent: whereby the paternal blood of John Stiles entirely failing, recourse must then, and not before, be had to the maternal relations; in the first place, to his mother (37) and her issue (38, 39), and then to the blood of the Bakers (40 to 41), Willises (49 to 53), Thorpes (54 to 61), and Whites (62 to 66), in the same regular successive order as has last been laid down in the paternal line.

In case John Stiles was not himself the purchaser, but the estate in fact came to him by descent from his father, not the pur- mother, or any higher ancestor, there is this difference; blood can that the blood of that line of ancestors, from which it

chaser, what

inherit.

r See p. 278.

did not descend, can never inherit: as was formerly fully explained. And the like rule as is there exemplified, will hold upon descents from any other ancestors.

John Stiles

to be the

last entitled,

The student should also bear in mind, that, during this In the table whole process, John Stiles is the person supposed to is supposed have been last actually seised of or entitled' to the estate. the person For, if ever it comes to vest in any other person, as heir to John Stiles, a new order of succession must be observed upon the death of such heir; since he, by his own seisin or title, now becomes himself an ancestor or stipes, and must be put in the place of John Stiles. The figures therefore denote the order in which the several classes will succeed to John Stiles, and not to each other; and before we search for an heir in any of the higher figures, (No. VIII.) or (14), we must be first assured that all the lower classes from No. (1) to No. (VII.) or from (1) to (13) are extinct at John Stiles's decease.

What pro

act extends

It should further be observed, that the new act extends to all hereditaments, corporeal and incorporeal, whether perty the freehold or copyhold, and whether descendible according to to the common law or according to the custom of gavelkind, borough English, or other custom."

CHAPTER THE SEVENTEENTH.

[241] OF TITLE BY PURCHASE; AND FIRST, BY ESCHEAT.

Purchase.

tion of.

PURCHASE, perquisitio, taken in its largest and most exLegal defini- tensive sense, may now be defined to be the possession of lands and tenements which a man hath by his own act or agreement," or by the devise or gift of his ancestor," and not by mere descent from any of his ancestors or kindred. In this sense it is contradistinguished from acquisition by right of blood, and includes every other method of coming to an estate, but merely that by inheritance: wherein the title is vested in a person, not by his own act or agreement, but by the single operation of law; which title we have seend has been recently much narrowed. It is proper, however, to observe, that in the construction of the late inheritance act, (3 & 4 W. IV. c. 106,) the word purchaser, has a more limited meaning than formerly.

Examples of purchase.

Purchase, indeed, in its vulgar and confined acceptation, is applied only to such acquisitions of land as are obtained by way of bargain and sale, for money or some other valuable consideration. But this falls far short of the legal idea of purchase: for if I give land freely to another, he is in the eye of the law a purchaser; and falls within Littleton's definition, for he comes to the estate by his own agreement, that is, he consents to the gift. A man who has his father's estate settled upon him in tail, before he was born, is also a purchaser; for he takes quite another estate than the law of descents would have given him.s Nay, even if the ancestor devised his estate to his heir at law by will, with other limitations, or in any other shape than the course of descents would direct, such heir always

a Litt. s. 12.

b See ante, p. 238.

d See ante, p. 238.

es. 1. stated ante, p. 238.

Co. Litt. 18.

f Co. Litt. 18. See post, p. 285.

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