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The Difference between a Reversion and a Re mainder, is that a Remainder is general, and may be to any Man, but he that granteth the Land, for Term of Life or otherwise; and a Reversion is to himself from whom the Conveyance of the Land proceeded, and commonly perpetual, Oc. And Remainder is an Estate, appointed over at the same Time: But the Reversion is not so, being an Estate left in the Giver, after the particular Estate for Life, Years, or in Tail made by him. Noy 39.

A Reversion is an actual present Interest, altho it is to take Effect in Possession after another Estate, and the Rent shall go with it; and it is not in the Nature of a future Interest, as a Term for Years, limited to commence at the End of a former Term. When the particular Estate determines, then the Reversion comes into Poffeffion, and before it is separated from it; for he that hath the Poffeffion, cannot have the Reversion, because by uniting them, the one is drown'd in the other: But the Reversion of Land when it falls, is the Land it self; and the Poffeffion of the Tenant, preserves the Reversion of the Lands, with the Rents, &c. in the Donor, or Lesfor. 2 Ventr. 328. 2 Lill. Abr. 484. 1 Inst. 324.

If a Man seised of Lands makes a Feoffment to Uses in Fee, departing with all his Estate, and limits the Use to his Daughter for Life, and after her Decease to his Son in Tail, and after to the Use of the right Heirs of the Feoffor: In this Cafe, tho' he parted with the whole Fee-simple by the Feoffment, and limited no Use to himself, yet he hath a Reversion; for whenever the Ancestor takes an Estate for Life, and after a Limitation is to his right Heirs, such Heirs shall not be Purchafers: And here when the Limitation is to his right Heirs, and right Heir he cannot have during his Life by our Law, the Law doth create a Ufe in him during his Life, 'till the future Use comes in effe, and consequently the right Heirs cannot be Purchasers; and there is no Difference when the Law createth an Estate for Life, and when the Party doth it. 1 Inft. 22. Dyer 9. 134. Plowd. 516.

All this was adjudged in a Case in the King's Bench; and if the Limitation had been to the Use of himself for Life, and after to the Use of another in Tail, and after to the Use of his own right Heirs; the Reversion of the Fee would have been in him, because the Use of the Fee continued ever in him; and the Statute of 27 H. 8. doth execute the Poffeffion to the Use in the same Manner, Quality and Degree as the Use was limited. Ibid.

Where Lessee for Life, and he in Reversion or Remainder in Fee, make a Feoffiment to another, each giveth his Estate, viz. the Lessee for Life his Estate by Livery, and the Fee-simple in Remainder or Reversion, doth move and pass from him in the Remainder or Reversion: And if Tenant for Life, and he in Reversion make a Gift in Tail, rendring Rent, the Lessee shall have the Rent during his Life; for the making of a greater Estate is not here a Forfeiture by him, because he joineth with him in Reversion. And at Common Law, if the Lessee for Life and the Reversioner had made a Feoffinent by Deed, the Feoffee should have held of the Leffee during Life. 6 Rep. 10.

If a Person be Tenant in Tail, with the Reversion expectant, and he bargain and fell the Land to another in Fee or in Tail by Deed indented and inrolled, the Estate which passeth by the Bargain and Sale shall be derived out of both his Estates; and none shall avoid the fame, but the Issue in Tail: And if fuch Tenant in Tail levy a Fine, or Tuffer

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suffer a Recovery, the Estate-tail is barred. But if there be Tenant for Life, the Remainder or Reversion over in Tail, and a Common Recovery is had against him in Remainder or Reverfion, it shall not bar the Estate-tail; for there is no good Tenant to the Pracipe in this Cafe. I Rep. 48. 3 Rep. 6.

A Reversion of an Estate of Inheritance, may be granted by Bargain and Sale inrolled, Lease and Release, Fine, &c. But if a Fine is levied of a Reverfion, the Conusee presently after the Conusance, which is the Concord, ought at Common Law to sue out a Quid juris clamat against the Lessee or particular Tenant to attorn. If one have a Reversion in Fee, expectant upon a Lease for Years, he may make a Bargain and Sale of his Reversion for one Year, and then make a Release to the Bargainee in Fee; by which the Reversion will pass to the Bargainee: And a Reversioner may covenant to stand seised of his Reversion to Uses, &c. Also a Reversion may be devised by Will. Bridgm. Conveyan. 237. 5 Rep.39. 2 Rep. 25. 2 Lill. Abr. 483. 11 Rep. 46.

By the Grant of a Messuage or Lands, the Reversion will pass; but by Grant of a Reversion, Land in Poffeffion will not pass. And a Person having devised a Manor to one for Years, and some other Lands to another and his Heirs; and all the Rest of his Lands to his Brother, and the Heirs Male of his Body; it was held, that these Words The Rest of the Lands, did not only extend to the Lands which were not devised before, but to the Reversion in Fee of the Manor, after the Determination of the Estate for Years: And by Devise of all Lands, Tenements and Hereditaments, undisposed of before in a Will, a Reversion in Fee will pafs. pass. 6 Rep. 36. 10 Rep. 107. Cro. Car. 400. Allen 28. 2 Ventr. 285.

The Reversion of an Estate passeth by Grant and Attornment, in the Lives of both Grantor and Grantee: This is by the Common Law. There was Lessee for Years, Remainder for Life, Reverfion in Fee; the Tenant for Life died, and the Lessee for Years did not attorn to him in the Reversion; yet it was resolved, that it passed without Attornment, and that he might bring an Ac'tion of Debt, or have an Avowry. And by the Statute for Amendment of the Law, Grants and Conveyances of Reversions or Remainders good without Attornment of the Tenants of the Lands, or of the particular Tenants upon whose Estates any such Reversions, &c. shall be expectant or depending: But Notice must be given of such Grant, to the Tenant; before which he shall not be prejudiced by Payment of any Rent to the Grantor, or for Breach of the Condition for Nonpayment. Carter 5. Hetl. 73. Stat. 4 & 5 Ann. сар. 16.

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A Grant of a Reversion, during the Life of Tenant in Tail, is good; because he shall have the Services which the Tenant in Tail ought to do, during the Life of Tenant in Tail: But such Grant of a Remainder can never take Effect to any Purpose, and therefore it is void. There were no Reversions or Remainders upon Estates in Tail, at Common Law: And no Grantee of a Reversion could take Advantage of any Condition or Covenant broken by the Lessees of the same Land; but by Statute, Grantees of Reversions may take Advantage of Conditions and Covenants against Lessees of the Lands, as fully as the Leffors and their Heirs; and the Lessees may have like Remedies againft

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gainst the Grantees of Reversions, c. 2 Rep. 51. 1 Inft. 327. 32 Hen. 8. cap. 34.

No Lease, Rent-charge or Estate, &c. made by Tenant in Tail in Remainder, shall charge the Poffeffion of the Reversioner when the Land comes to him. The particular Estate, and Estate in Reversion, are divers and diftinct; and therefore Aid may be prayed of him in the Reversion: Yet these Estates have Relation one to another. Copyholder for Life, cannot by Forfeiture or otherwise destroy the Estate in Reversion; and he that hath a Reverfion cannot be put out of it, unless the Tenant be ousted of his Poffeffion alfo. 2 Lill. 448. 7 Rep. 97. Plowd. 162. Yelv. 1.

As those in Reversion or Remainder expectant upon an Estate for Life, had a Writ of Error by the Common Law, on a Judgment given against Tenant for Life, altho' they were not made Parties by Aid Prayer, Voucher, or Resceit; so after the Statute de donis 13 Ed. 1. he shall have, who hath a Reversion expectant on an Estate-tail: But he in the Reversion who was not Party to the first Record by Voucher, &c. shall not have Writ of Error 'till after the particular Estate determined; for then he in Reversion or Remainder ought to have the Land in Poffeffion. 3 Rep. 3,4.

A Reversioner may bring Action of the Case, for Spoiling of Trees; and for any Injury to his Reversion, he may have this Action; but he cannot bring Trespass, which is founded on the Poffeffion: He in Reversion shall have a Writ of Entry at Common Law, where Tenant for Life, Oc. aliens the Lands; and also Writ of Intrusion after their Deaths, &c. 3 Lev. 209. 3 Cro. 55. New Nat. Br. 461.

The Grant of Commiffioners of a Bankrupt's intailed Lands shall be good; except when the Reversion

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