the use of the fee results, that fee will be descendible from the first purchaser of the estate. For this reason, a fee which descended ex parte materna, will, under the resulting use, be descendible in like manner. (¿)

So if an estate tail was taken by descent ex parte paterna, the fee taken by resulting use will be descendible as if the donee in tail had taken the fee as the purchasing ancestor. (k)

And whether the use results, or is expressly declared, the same course of descent will prevail.

But a fee taken under the render of a fine is a new estate, and the conusee in the render will be deemed the purchasing ancestor. The fine sur grant et render is a double conveyance, and partakes of the nature, and has the effect of a feoffment and re-enfeoffment. (/)

Of Deeds to lead, and Deeds to declare the Uses of Fines.

When a fine is levied after and in pursuance of a covenant or agreement to levy a fine and declare the uses thereof, the deed containing such declaration or agreement, is

(i) Abbot v. Burton, Salk. 590. Fenwick v. Mitford, 1 Leo. 182. Co. Litt. 22, b.

(k) Roe d. Crow v. Baldwere, 5 T. Rep. 104. Martin d. Tregonwell v. Strachan, 5 T. Rep. 107, in a note. (1) Price v. Langford, Salk. 337.

correctly denominated a deed to lead the uses of the fine; while a deed declaring the uses of a fine, takes its denomination from the circumstance that the deed is subsequent in date to the fine, and executed after the fine has been levied.

The subject of deeds to lead, and of deeds to declare the uses of fines, is of considerable interest to the profession, since these deeds frequently occur in practice, and produce a material change in the title. To state the cases, and the rules of law on which they are grounded, and give the proper forms of deeds, will require more space than can be allotted for them in this volume. This learning will be the subject of the first chapter of a future volume.

APPENDIX.

FORM I.

Form of Recovery Deed of Lands in different Counties, for the joint Lives of the Tenant and Vouchee.

THIS INDENTURE, of three parts, made

the

day of

in the 46 Geo. III. and in the year of our Lord 1805; between E. M. of, &c. the intended vouchee, of the first part; A. B. of, &c. the intended tenant, of the second part; and C. D. of, &c. the intended demandant, of the third part. Whereas by indentures of lease and release, bearing date respectively on or about the 9th and 10th days of May, in the year 1749, and made, or expressed to be made between H. M. of, &c. tinman, and Hannah his wife, of the one part; and W. K. of, &c. gent. of the other part. The messuage and hereditaments hereinafter in part described to be situate in the parish of T. in the said county of W. were conveyed and assured, after divers estates for life, and in tail, which are all now determined, to the use of the said E. M. therein described as the the daughter of the said H. M. by the said H. his wife, body lawfully issuing. indentures of lease and

[A]

and the heirs of her And whereas by other release, also bearing

date respectively, on or about the 9th and 10th days of May, 1749, and made or expressed to be made between the said H. M. and H. his wife, of the one part, and K. M. of the other part; all those, the messuage and hereditaments hereinafter in part described to be situate in the parish of II. in the county of W. were conveyed and assured, after and subject to several particular estates for life and in tail, all of which are now determined, to the use of the said E. M. and the heirs of her body lawfully issuing. And whereas the said E. M. is desirous of suffering two or more common recoveries for the purpose of barring the several estates tail, limited to her as aforesaid, and enlarging the same estates tail, into estates in fee simple. And whereas the said E. M. is seised of divers other messuages, lands, tenements, and hereditaments, herein after described and although it is understood that the said E. M. is scised of the same messuages and hereditaments for an estate in fee-simple, it is deemed advisable that the same shall be comprised in the recoveries hereinafter agreed to be suffered, for the purpose of barring all estates tail, if there are any, of the said E. M. in the same messuages and hereditaments. Now this in-, denture witnesseth that for docking, barring, and destroying all estates tail, of and in the messuages and other hereditaments hereinafter released, or otherwise assured, or intended so to be, and all reversions, and remainders, expectant on the same estates tail, and all conditions, and collateral limitations annexed thereto, or affecting the same; and also in consideration of 10s. of lawful money of the