lands and tenements may become forfeited, is that of bankruptcy, or the act of becoming a bankrupt.

By the statute 13 Eliz. c. 7. the commissioners for that purpose, when a man is declared a bankrupt, shall have full power to dispose of all his lands and tenements, which he had in his own right at the time when he became a bankrupt, or which shall descend or come to him at any time afterwards, before his debts are satisfied or agreed for ; and all lands and tenements which were purchased by him jointly with his wife or children to his own use, (or such interest therein as he may lawfully part with) or purchased with any other person upon secret trust for his own use; and to cause them to be appraised to their full value, and to sell the same by deed endented and enrolled, or divide them proportionably among the creditors.

CHAPTER XIX.

OF TITLE BY ALIENATION.

THE most usual and universal method of acquiring a title to real estates is that of alienation, conveyance, or purchase in its limited sense: under which may be comprised any method wherein estates are voluntarily resigned by one man, and accepted by another; whether that be effected by sale, gift, marriage-settlement, devise, or other

transmission of property by the mutual consent of the parties.

In examining the nature of alienation, let us first inquire, briefly, who may aliene and to whom ; and then more largely, how a man may aliene, or the several modes of conveyance.

For all persons in possession are prima facie capable both of conveying and purchasing, unless the law has laid them under any particular disabilities. But if a man has only in him the right of either possession or property, he cannot convey it to any other. Yet reversions and vested remainders may be granted; because the possession of the particular tenant is the possession of him in reversion or remainder but contingencies, and mere possibilities, though they may be released, or devised by will, or may pass to the heir or executor, yet cannot (it hath been said) be assigned to a stranger, unless coupled with some present interest.

Persons attainted of treason, felony, and præmunire, are incapable of conveying, from the time of the offence committed, provided attainder follows for such conveyance by them may tend to defeat the king of his forfeiture, or the lord of his escheat. But they may purchase for the benefit of the crown, or the lord of the fee, though they are disabled to hold.

Idiots and persons of nonsane memory, infants, and persons under duresse, are not totally disabled either to convey or purchase, but sub modo only. For their conveyances and purchases are voidable, but not actually void. Persons also, who purchase

or convey under duresse, may affirm or avoid such transaction, whenever the duresse is ceased.

The case of a married woman is somewhat different. She may purchase an estate without the consent of her husband, and the conveyance is good during her marriage, till he avoids it by some act declaring his dissent. And, though he does nothing to avoid it, or even if he actually consents, the wife may, after the death of her husband, waive or disagree to the same: nay, even her heirs may waive it after her, if she dies before her husband, or if in her widowhood she does nothing to express her consent or agreement. But the conveyance or other contract of a married woman (except by some matter of record) is absolutely void, and not merely voidable; and therefore cannot be affirmed or made good by any subsequent agreement.

The case of an alien born is also peculiar. For he may purchase any thing, but after purchase he can hold nothing, except a lease for years of a house for convenience of merchandize, in case he be an alien friend: all other purchases (when found by an inquest of office) being immediately forfeited to the king.

Papists, lastly, and persons professing the popish religion, and neglecting to take the oath prescribed by statute 18 Geo. III. c. 60. within the time limited for that purpose, are by statute 11 & 12 W. III. c. 4. disabled to purchase any lands, rents, or hereditaments: and all estates made to their use, or in trust for them, are void.

II. We are next, but principally, to enquire,

how a man may aliene or convey; which will lead us to consider the several modes of conveyance.

These common assurances are of four kinds : 1. By matter in pais, or deed; which is an assurance transacted between two or more private persons in pais, in the country; that is (according to the common old law) upon the very spot to be transferred. 2. By matter of record, or an assurance transacted only in the king's public courts of record. 3. By special custom, obtaining in some particular places, and relating only to some particular species of property. Which three are such as take effect during the life of the party conveying or assuring. 4. The fourth takes no effect till after his death; and that is by devise, contained in his last will and testament.

CHAPTER XX.

OF ALIENATION BY DEED.

In treating of deeds I shall consider, first, their general nature; and next, the several sorts or kinds of deeds, with their respective incidents. And in explaining the former, I shall examine, first, what a deed is; secondly, its requisite; and, thirdly, how it may be avoided.

I. First, then, a deed is a writing sealed and delivered by the parties. If a deed be made by more parties than one, there ought to be regularly as many copies of it as there are parties, and each

should be cut or indented on the top or side, to tally or correspond with the other; which deed, so made, is called an indenture. When the several parts of an indenture are interchangeably executed by the several parties, that part or copy which is executed by the grantor is usually called the original, and the rest are counterparts: though of late it is most frequent for all the parties to execute every part; which renders them all originals. A deed made by one party only is not indented, but polled or shaved quite even; and therefore called a deed-poll, or a single deed.

II. The requisites of a deed. The first of which, is, that there be persons able to contract and be contracted with, for the purposes intended by the deed; and also a thing, or subject matter to be contracted for; all which must be expressed by sufficient names.

Secondly; the deed must be founded upon good and sufficient consideration. Not upon a usurious contract; nor upon fraud or collusion, either to deceive purchasers boná fide, or just and lawful creditors; any of which bad considerations will vacate the deed, and subject such persons as put the same in use, to forfeitures, and often to imprisonment. The consideration may be either a good, or a valuable one. A good consideration is such as that of blood, or of natural love and affection, when a man grants an estate to a near relation; being founded on motives of generosity, prudence, and natural duty a valuable consideration is such as money, marriage, or the like, which the law