Titles are derived from Donor of Power
Estates subject to be devested

A mere Authority cannot be barred
Different Species of Bargains and Sales
Of the Objects of a Power

Interest of Object of a Power
Circumstances or Modes of Powers

The Rule of Delegatus non, &c. examined

Powers of Revocation

General Observations applicable to Titles

under Powers

XXIII.—Of Seisin and Disseisin –

Importance of the Learning of Disseisin
What constitutes a Disseisin

Different Species of Disseisin

Disseisin by Ouster

Abatement

Intrusion

Discontinuance

266

ib.

267

-

269

272

273

ib.

275

276

277

279

Remaindermen, Reversioner

XXIV.—Within what Time a Right must be prosecuted 333

ib.

3. Entry sur Abatement

4. Entry sur Intrusion

5. Writ of Right

Observations applicable to the several Reme-

dies of Persons who have twenty years

To make their Claim

thirty years

fifty years

sixty years

Community of Seisin between Joint-tenants,

&c.

Bar never runs without adverse Possession

Analogy observed in Courts of Equity

Cases examined

General Result

Exceptions between,

1. Mortgagor and Morgagee

2. Trustee and Cestui que Trust -

3. Mortgagor and Trustee on one Part,

and adverse Claimant on the other

part

-

-

4. When all Parties admit Title of

Mortgagee

Exceptions for

1. Infancy

2. Class of Creditors

In Equity all Rights are possessory

Limitations to Equity of Redemption

Acquiescence

Relative Situations and Powers, &c. of,

1. Disseisor

2. Disseisee

What Descents take away Entry

When Remitter shall restore Seisin

Means of extinguishing Rights

Progress of an adverse Title

b

375-377

-

375

384

Mode of tracing Descent through Pedigree

Father may be maternal Heir to the Son

Evidence of Intestacy

Descent of Easements

of Escheated Lands

ON THE

LAWS OF PROPERTY

AS APPLICABLE TO

ABSTRACTS OF TITLE.

THE

ON TITLES.

Under Tenants for Years.

HESE Tenants may assign their terms, or make under-leases, or encumber the land with rent-charges, or any like charges. Such rents must necessarily be chattel interests, though limited for the lives of the grantees.

And therefore if lessee for years grant to another a rent out of the land, for the life of the grantee, this is a good grant during the term, if the grantee so long live; for this grant shall be taken strong against the grantor, and shall not be void, when, by any construction, may be good (a).

it

So if lessee for years grant land to another for the term of his life, the grantee hath the whole term; but with this collateral determination, if the grantee live so long (b); and the construction is in this respect the same on a deed as on a will (c).

And a rent-charge for life as a freehold interest cannot, in point of estate, exist by force of a title under a term of years (d).

And the same rent cannot be a freehold interest as to some lands, and a chattel interest as to other lands (e); or, as lord Coke expresses it, “One entire rent cannot be a freehold out of black acre, &c. and a chattel out of white acre."

But a rent may be a freehold interest, as a charge issuing out of freehold lands, and at the same time confer a charge, by way of distress, on lands held for years (f).

The better opinion is, that a judgment is not a lien on the term itself; but that the term is bound only from the time at which the writ of execution is delivered into the sheriff's office, (g); but an equity of redemption of a term is not bound by execution (h). Mr. Serjeant Hill gave an opinion, that the creditor had a right to sue an elegit, and that on an extent,

(b) 7 Rep. 23.
(e) Ibid.

(c) Ibid. (7 Rep. 23 b.

(d) Ibid.

(g) Burden v. Kennedy, 3 Atk. 379, 29 Car. 2. c. 3.
(h) 3 Atk. 379; Lyster v. Dolland, 1 Ves. jun. 431..