The analytical table may serve as a key to the work.

In supplying definitions, much difficulty has in many cases been experienced, but it has still been endeavoured as much as possible to give the ipsissima verba of writers of acknowledged celebrity; and in those instances where the author found rather a description than a definition, which would have been too long, as well as perhaps too vague, to have served the desired purpose, he has been compelled to frame one, but has still given references to one or more authorities upon the subject, that so a further examination may be made by the reader, any faults detected, and any errors rectified.

It has not been thought needful to append definitions to the Chart, bound up with this volume, as they are contained in the work, and references are given in the chart

to each page of this volume, where they are to be found.

The provisions of the recent Statute,* to simplify the transfer of property, will be found noticed throughout the work under the respective heads.

3, ELM COURT, TEMPLE, Mich. Term, 1844.

* 7 & 8 Vict., c. 76.

CONTENTS.

CHAPTER I.

Preliminary observations-Origin of our Laws, traced

to Feudal System-Feuds-Tenures - Feuds first

granted at wiil of Grantor, then for life, after a while

became inheritable-Subtenure-Statute Quia Emp-

tores 13 Ed. I.-Statute 12 Car. II., c. 4-Modern

English Tenures

Page

Property, its origin and nature, classification of, defini-

tion of, popular meaning of the term, division of, by

Law of England, Real, Personal, Mixed-Corporeal-

Lands-Tenements - Hereditaments- Money con-

sidered in Equity as Land-Incorporeal, definition of,

various kinds, 1. Advowsons, 2. Tithes, 3. Commons,

4. Ways, 5. Offices, 6. Dignities, 7. Franchises,

8. Corodies, 9. Annuities, 10. Rents.

CHAPTER VI.

Page

TIME AND MODE OF HOLDING PROPERTY, AS RE-

GARDS THE COMMENCEMENT, CONTINUANCE, AND

OWNER'S ESTATE OR

TERMINATION

INTEREST

OF THE

Estates may be in possession, remainder, or reversion

-Definitions of―The particular estate and the re-

mainder, are part of one whole-Remainders are

vested, or contingent-Definitions of Mr. Fearne

quoted-Rules for creating a good remainder-Re-

cent Statute 7 & 8 Vic., c. 76, s. 8-In future contin-

gent remainders abolished-Those existing may be

conveyed by deed-Of executory devises-Are always

created by will-Differ from remainders in three im-

portant points-Of a reversion-Definition of Is

never created by deed, but arises by construction of

law.

CHAPTER VII.

OF THE TIME AND MODE OF HOLDING PROPERTY,

AS REGARDS THE NUMBER AND CONNEXION OF

THE TENANTS

Of the number and connexion of the tenants-1. Of

estates in severalty-Definition-2. Of joint tenancy

-Definition-Created by purchase-Nature of the

estate-Four incidents to its creation, viz., (1.) Unity

of interest-(2.) Unity of title (3.) Unity of time

(4.) Unity of possession-Of the jus accrescendi,

or right of survivorship-Gift to husband and wife

and another in joint tenancy-Courts of equity

adverse to-3. Coparcenary-Always by descent—

Coparceners may make partition-Provisions of 3 & 4

Wm. IV., c. 27, s. 12, as to entry of one being the

entry of all-Tenants in common always by purchase

hold by distinct titles-Estate descends to the heirs

of each.

Page

CHAPTER VIII.

OF THE MODES OF CONVEYING OR CHARGING PRO-

PERTY BY ACT OR DEED OF THE OWNER

Object of deeds-Their origin-Definition of-Indented

-Poll-7 & 8 Vict., c. 76-Eight chief requisites to

a deed-The seven usual parts of a deed-1. Agree-

ment-2. Feoffment-3. Grant-4. Gift-5. Lease-

6. Exchange-7. Release-8. Confirmation-9. Sur-

render-10. Assignment-11. Bond-12. Defeasance

-13. Recognizance-14. Covenant to stand seised-

15. Bargain and sale-16. Lease and Release-17. Fine

-18. Recovery-19. Devise or Will.

b

126