By CUSTOM; as in the case of heriot custom, and heriot service, mortuaries, heir looms, foreign attachment, assignment of bills of exchange.

By JUDGMENT, and EXECUTION thereupon; which in the case of the king extends as well to things in action that have a certainty in them (as debts) as to things in possession. But in the case of a common person, ONLY as to things in possession.

Acquisition of property by act of the party, and mixed act.

ACQUISITION of property BY ACT OF THE PARTY, may be three ways, viz.

By grant.
By contract.

By assignment.

And herein is considerable,

That in THE KING's case it extends as well to things in action as in possession; for DEBTS may be assigned To HIM, or

BY HIM.

In the case of other persons, only things in POSSESSION are assignable.

Acquisition thereof by a mixed act, partly by act of law, and partly of the party.

And thus things in action, as well as in possession, are transferrable two ways.

By act of the party, with CUSTOM CO-OPERATING.
Thus a bill of exchange is assignable.

By operation of the law, concurring with the act or default of the party; as, FORFEITURES of several kinds, viz.

By outlawry in a personal action.

By being put in exigend in the case of felony.

By attainder of treason or felony.

By motion to the death of any person; as deodand. And thus far concerning the rights of things personal.

SECT. XXIX.

Concerning the rights of things REAL.

I NOW come to the rights of things real; and herein I shall hold this method.

I shall consider the rights of the things themselves, or the various interests and estates in things real, viz.

The different NATURE of estates or interests in things real, in relation to,

Their nature and extent;

Their limitation or qualification.

The different RELATION of those estates, with respect to the

POSSESSION.

Vide The different QUALITIES thereof in respect of the persons having the same.

Sect. 32.

As to the difference of estates, with relation to their nature and extent, they will be divided into,

Estates by the course of the common law.

Estates by custom, or COPYHOLDS.

Estates by course of the common law are divided into, Pref. Co. Lit.

Estates of inheritance;

Estates less than inheritance.

Estates of inheritance are,

FEE-SIMPLE.

FEE-TAIL.

SECT. XXX.

Of estates in fee-simple and fee-tail.

Of an estate in fee-simple; wherein is considerable,
The extent and nature of the estate;

The quality incident thereunto.

As to the extent and nature of the estate :

It is an estate TO A MAN AND HIS HEIRS FOR EVER.

An absolute fee-simple is such as has no bounds or limits annexed to it, and is an estate to a man and his heirs ABSOLUTELY for ever.

A limited or qualified fee-simple is such as has some collateral matter annexed to it, whereby it is made by some means determinable; viz.

By limitation; or,

By condition.

The QUALITY of an estate in fee-simple is, that it is transmissable in the very nature of the estate;

To the SUCCESSOR in bodies corporate by a right of succession.

To the HEIR in the case of persons NATURAL by descent.

The nature of the corporation directs the rule of succession.

By the common law, wherein the rules of the common law

give the direction.

But of this more at large in Sect. 33.

The second estate of inheritance is FEE-TAIL.

And herein are likewise observable,

The nature and extent of the estate;

The incidental qualities thereof.

As to the first of these;

The manner of its limitation is that which DEFINES AND CIR-
CUMSCRIBES IT: and that is either,

GENERAL; when an estate is given to one, and
the heirs of HIS BODY; the heirs MALE of his
body, or the heirs FEMALE of his body.

Co. Lit.

Sect. 13.

SPECIAL; as when it is limited to a man, and the heirs of his body BY SUCH A WOMAN; or è converso.

And here falls in a consequent of such a limitation, namely,

An estate tail AFTER POSSIBILITY of issue Sect. 31.

extinct.

As to the incidental qualities, or qualities incident to such an estate, they are,

In relation to the hereditary transmission thereof;

In relation to the alienation thereof.

33.

In relation to the hereditary transmission thereof, the Inf. Sect. rules of descent DIRECT the manner of it. In relation to the alienation thereof. Regularly by the stat. DE DONIS CONDITIONALIBUS they have no power of aliening, so as to bar the issue, reversion, or remainder. And therein are considerable,

What alienations are vOID by his death, either,

By the stat. de donis conditionalibus.

By the stat. 11 H. 7. of jointresses.

What alienations are voidABLE only, viz.

By entry.

By action.

By suit.

And therein of discontinuances.

What alienations BIND the issue in tail, but NOT the reversioner, viz.

Co. Lit. 372. A fine with proclamations, by stat. 4 Hen. 7.

Co. Lit. $74.

A lease for three lives, &c. and accustomable rent, by

stat. 32 H. S.

Attainder of treason, by stat. 33 H. 8.

A warranty collateral, lineal, with assets.

What alienations bind both the issue and the reversion, viz.
A COMMON RECOVERY pursuant to law.

Co. Lit. 372. b.

And here of common recoveries;

Their kinds :

Their effects.

SECT. XXXI.

Of estates at common law, LESS than inheritance.

THE said estates are considerable likewise :

In their nature and kinds :

In their incidents.

In their nature and kinds, they are either,

Estates of freehold.

Estates LESs than freehold.

Estates of FREEHOLD are again divided into,
Such as arise by act of law;

Such as arise by act of the party.

Freehold estates arising by act of law are,

Tenant by the curtesy of England.

Tenant in dower.

And here of the learning of both these.

Freehold estates arising by act of the party are,

Tenant for his OWN LIFE: which is either,

Simply so; or,

With a privilege annexed; as,

Tenant after possibility, de quo sup.

Tenant PUR AUTER VIE.

Sect. 14.