grant of the reversion must be by deed, the freehold Goodtitle v. Bailey, and inheritance do pass thereby, as well as by livery of infra, c. 19. seisin, if it were in possession. 46. Where a person is tenant for life, with re- Tit. 18. c. 1. mainder to his first and other sons in tail male, with $7,8. the reversion-in fee in himself; it is doubtful whether he can grant the reversion, as an interest distinct from his estate for life. a Grant. 47. As to the operation of a grant, by which any Operation of thing already in existence is conveyed, it is materially different from that of a feoffment: for it has been shown that a feoffment operates immediately on the possession, without any regard to the estate or interest of the feoffor; but a grant only operates on the estate or interest of the grantor, and will pass 1 Inst. 251 b. no more than what he is by law enabled to convey. 48. This rule probably arose from the circumstance, that a grant being always made by deed, the estate of the grantor might be known by inspection of the deed. If the estate granted was greater than the estate which the grantor had, it was merely void; and the grant only passed as much as the grantor could really give. 49. Lord Ch. B. Gilbert was of opinion, that the Ten. 122. reason why a grant passes no more than what the grantor can lawfully pass, is, because it is a secret conveyance; therefore ought not to be allowed to have so extensive an operation as a feoffment, in which livery of seisin is given. continuance. 50. A grant cannot in any case create a discon- Does not tinuance, for every discontinuance works a wrong: create a Diswhereas a grant only transfers what the grantor may 1 Inst. 322 a. lawfully give. Lord Coke says, if tenant in tail of 327 b. a rent service, or of a reversion or remainder in tail, VOL. IV. F Or a Forfeiture. grants the same in fee, and dies, this is no discontinuance to the issue in tail. 51. It follows from the same principle that a 1 Inst. 251 b. grant can in no instance create a forfeiture. Thus if a tenant for life or years of an advowson, rent, common, or of a reversion or remainder of land, grants the same in fee, this is no forfeiture; because nothing passes but that which lawfully may pass. A LEASE is a contract for the possession and Description profits of lands and tenements on the one side; and a recompence of rent, or other income, on the other. Or else it is a conveyance of lands and tenements to a person for life, or for years, or at will, in consideration of a return of rent, or other recompence. 2. Where a freehold estate is created by lease, livery of seisin must be given to the lessee. And ante, c. 4. where the lease is for a term of years, there must be an entry by the lessee. Tit. 8. c. 1. 1 Inst. 45 b. Bac. Ab. Tit. Tooker v. 1 Mod. 14. Harrington v. Wise, Cro. Eliz. 486. Drake v. Monday, Cro. Car. 207. Tisdale v. Essex, Hob. 34. 3. The words demise, lease, and to farm let, are the proper ones to constitute a lease. But any other words which show the intention of the parties, that one shall divest himself of the possession, and the other come into it, for a certain time, whether they run in the form of a licence, covenant, or agreement, are of themselves sufficient; and will, in construction of law, amount to a lease, as effectually as if the most proper words had been used for that purpose.' * 4. Articles in writing indented were made between A. and B. in these words: Imprimis, It is covenanted and agreed between the parties, that A. doth let the said lands, for and during five years, to begin at the Feast of Saint Michael next following: Provided always, that the said B. should pay to A. annually during the term 1207. Also the said parties do covenant that a lease shall be made and sealed according to the effect of these articles, before the Feast of All Saints next ensuing. The question was, whether this was an immediate lease, or only an agreement to have a lease made. All the judges held it to be a good lease. For the words, it is agreed that A. doth let, being in the present tense, was a good lease, by the words of the agreement; and that which followed was in reference to farther assurance. 5. Articles were entered into between A. and B., by which A. covenanted, granted, and agreed that B. should have the land for six years; in consideration of this, B. covenanted to pay a yearly rent to A. Resolved, that this was a good lease. * Executory agreements for leases of copyholds are 'construed differently on account of the forfeiture. Vide Tit. 10. c 5. 1 973. 6. Two persons entered into an agreement with Baxter v. Browne, one Brown, that they would, with all convenient 2 Black, R. speed, grant him a lease of, and they did thereby set and let to him, the premises in question; to hold for 21 years, at a certain rent, payable half-yearly to the lessors. The lease to contain the usual covenants, and certain special ones, in one of which the words this demise, occurred. The Court held that this was a good lease in præsenti, with an agreement to execute a more formal one. The operative words, let and set, were in the present tense; and a reference was made to this demise. Nugent, Term R. 165. 7. An instrument purporting to be a demise for Bury v. 21 years, was as follows:-"Be it remembered that 5 J. B. hath let, and by these presents doth demise, &c. unto R. F. for 21 years, to commence after the said J. B. hath recovered the said lands from M. O. Leases, with powers of distress, and clauses for reentry, &c. to be drawn and signed at the request of either party, as soon as J. B. recovers the said lands from M. O." Proctor, The Court was of opinion that this instrument Right v. operated as a present demise; and that the agree- 4 Burr, 2208. ment for a more formal lease was merely in further assurance. 8. It should however be observed, that no words in Doe v. Archer, a deed can operate so as to create or confirm a lease 1 Bos. & Pul. to a person, not party to the deed. upon 531. of Where only the an Agreement for a 9. On the other hand, if the most proper form words of leasing are made use of, yet if whole deed there appears no such intent, but Lease. that it is only preparatory, and relative to a future lease to be made; the law will rather do violence to the words, than break through the intent of the par |