II.-What Conveyance shall be deemed a Mortgage 302

III.—Of the Estates and Interests of the Mortgagor

and Mortgagees respectively in Thing most

mortgaged

- 313

IV.-Of Interest payable in respect of a Mortgage 331

V. Of the Equity of Redemption in Mortgages

VI.-Of Foreclosure in Default of Redemption

CHAP. VII.

-

346

- 398

-

OF ESTATES IN JOINT-TENANCY, AND IN COMMON.

I.-Of the Nature of Estates in Joint-Tenancy, and

in Common; and of the Difference between

them

-

- 413

II.-The Means by which Estates in Joint-Tenancy,

and in Common, may be created -

III.-What Things may be holden in Joint-Tenancy,

IV. Who may hold Estates in Joint-Tenancy, or in

416

433

Common -

- 434

Page.

V. Of the Incidents to Estates in Joint-tenancy, and

in Common; and the Powers the Tenants may

respectively exercise over them

VI.-By what Means Estates in Joint-Tenancy, or

in Common, may be destroyed

439

• 460

CHAP. VIII.

OF AN ESTATE IN COPARCENARY.

-

472

I.-The Nature of an Estate in Coparcenary

II.-The Means by which an Estate in Coparcenary

may arise

III.-Of the Incidents to an Estate in Coparcenary - 476

IV. How an Estate in Coparcenary may be Destroyed;

· 474

I-Of the Nature and Origin of Uses -

II.-Who may be seised to an Use

III-What Kind of Property may be conveyed by

way of Use

IV-Of the Requisites to raise an Use -

V.-How an Use may be extinguished and destroyed,

and how revived

VI. Of Charitable and Superstitious Uses

-

511

521

- 524

526

- 580

- 587

Page.

CHAP. XI.

OF TRUSTS.

I.-Of the Nature and Origin of Trusts

II.-How a Trust may be raised or created

III.-Of Incidents to Trusts, and the Rules by which

IV. Of the Manner in which Trusts are to be exe-

cuted

V. Of the Acts of the Trustees relative to the Trust-

Estate

VI.-Of Trust Terms as attendant on the Inherit-

ance

- 603

- 608

- 622

636

-

VII.--Of the Liability of Persons paying Money to

Trustees, to see to its proper Application

-

646

- 663

ELEMENTS

OF

CONVEYANCING.

BOOK II.

PART II.

CHAP. I.

OF CUSTOMARY ESTATES,

AND FIRST,

OF ESTATES BY COPY OF COURT-ROLL.

ESTATE.

NOPYHOLDS have usually been treated of independ- COPYHOLD ently of other customary tenures, but it is rightly observed by Calthorpe, that copyholders and other customary tenants differ less in nature than in name;

"

" for

although some be called copyholders, some customary,

some tenants by the verge, some base tenants, some "bond tenants, and some by one name and some by "another; yet do they all agree in substance and kind of " tenure : all the said lands being holden in one general sort, that is, by custom and continuance of time; and " the diversity of their names doth not alter the nature of "their tenure." I shall therefore consider the several species of customary estates (with three exceptions only) under one and the same head; but noticing the differences between them as often as they shall appear to be such as to generate a real and fundamental distinction. The exceptions to which I allude are those of estates in ANCIENT DEMESNE; estates in GAVELKIND; and estates

ESTATE.

COPYHOLD in BOROUGH ENGLISH; which differ from copyholds in too many essential particulars to be treated of under one and the same arrangement.

In treating of cOPYHOLD ESTATES, I shall consider,

I. THE NATURE AND ORIGIN OF COPYHOLDS.
II. WHO MAY GRANT LANDS, &C. TO BE HOLDEN
BY COPY.

III. WHAT THINGS MAY BE

COURT-ROLL.

HOLDEN BY COPY OF

IV. TO WHOM LANDS MAY BE SO GRANTED.

V. THE INTEREST WHICH THE TENANT HAS IN SUCH

LAND.

VI. THE POWER HE HAS OVER HIS ESTATE.

VII. OF SURRENDERS AND ADMITTANCES RESPECT-
ING COPYHOLDS.

VIII. OF FINES AND HERIOTS.

IX. WHAT ACTS OF PARLIAMENT EXTEND TO COPY

HOLDS, AND WHAT NOT.

X. How ESTATES OF COPYHOLD MAY BE LOST OR
DESTROYED.

Nature of copyhold tenure.

I. OF THE NATURE AND ORIGIN OF AN ESTATE BY
COPY OF COURT-ROLL.

AN estate by copy of court-roll, says Littleton', is where a man is seised of a manor, in which there is a custom, which has existed time out of mind, that certain tenants within the same manor have used to have lands and tenements to hold to them and their heirs in feesimple, or fee-tail, or for term of life, &c. at the will of the lord (1), according to the custom of the said manor; and

Lit. s. 73; and see 2 Wat. Cop. 197; Bl. L. Tr. 211.

(1) It is to be observed, that these words, at the will of the lord, are material in the definition of a copyhold; for if, in pleading or speaking of this estate, those words be omitted, it will be intended to be a customary freehold, (Co. Lit. 58, a. n. (1); and see Cro. Car. 219.) a species of tenure which, though it in some respects resembles freeholds, is