upon

cution a Statute Merchant, Staple, or Elegit, as Rent may. Dyer 65,&c. Co. Lit. 244.

It is faid, If one grant an Annuity for him and his Heirs, to be paid yearly at two usual Feafts for 30 Years, to begin after the Death of the Grantor: This is a good Grant, and will charge the Heir, although at firft it commence upon him; for it is for him and his Heirs. Hetley 137, 138.

A

Of Exchanges.

Deed of Exchange is a mutual Grant of equal Intereft, the one in Exchange for the other, where one Man is feized or poffeffed of Land in Fee for Life, or for Years; or is poffefled of Goods, and another Man is poffeffed of Lands and Goods in like Manner, and they do exchange their Lands or Goods the one for the other.

And in this there is a double Grant, each granting that which is his, to the other. Co. Lit. 501. Finch 17. Perk. Sect. 253.

In Exchange, both the Estates must be equal: There must be two Grants, and each Grant muft mention the Word Exchange, or else it works only as a Grant, and then if it be for Life, must have Livery and Seifin.

The Effect of an Exchange is, That it doth give the Intereft, and alter the Property of the Thing exchanged to either Party, according to the Agreement.

By the Law in every Exchange, is implied a Condition of Re-entry and a Warranty, Voucher and Recompence of the other Land that was given in Exchange, and an Exchangor may reenter upon an Affignee; that is, a Condition to

give a Re-entry upon all the Land given in Exchange, if he be put out of all or part of the Land taken in Exchange, and a Warranty to enable him to vouch, and to recover over in Value fo much of his own Land again given in Exchange, if he be fued for it.

As if an Exchange be of three Acres for three Acres, and after, one of the Parties is put out of one of the Acres by the Entry of a Stranger, in this Cafe he may enter upon the whole three Acres he had given in Exchange, and fo avoid the whole Exchange, if he will. 4 Co. 121. Bro. Exchange, &c.

An Exchange made between an Infant and another, is not void but voidable only; for the Infant at his full Age may affirm or avoid it at his Election.

An Exchange made between a Man non fane memorie and another, is not void but voidable, for it is good against him; but his Heir may avoid or affirm it at his Election. Perk. Sect. 279, Bro. Exch. 9.

A Man that doth hold Land in Fee Simple, Fee-Tail, or for Life, in the Right of his Wife, may exchange this Land, and the Exchange will be good, as long as he and his Wife live; he with his Wife may exchange it for a longer Time, and the Exchange is good against him; but his Wife after his Death, may either affirm or avoid it. Perk.

One Parfon or Vicar may exchange his Church or Benefice with another, and this Exchange is good. Perk. Sect. 288.

Jointenants for Life, the Fee to one of them, may exchange their Land with a Stranger for other Land, To bold in the fame Nature, and the Exchange is good; but other Jointenants, Te

nants

nants in Common, and Coparceners, cannot exchange the Land they fo hold, one with another, before they have made Partition. Perk. Sect. 277, 281.

An Exchange may be made to take Effect in Futuro, as well as in Prefenti; for if an Exchange be made between me and A. B. that after the Feaft of, &c. A. B. fhall have my Manor of D. in Exchange for his Manor of S. this is a good Exchange. Perk. Sect. 265.

If an Exchange be made in Writing of Land, and it doth limit and exprefs no Eftate that either Party fhall have in the Thing exchanged, yet this is a good Exchange for Life; but if an Eftate for Life be limited exprefly to one, and no exprefs Eftate is limited to the other, this is not a good Exchange. Perk. Sect. 275.

If an Infant exchange Lands, and after at his full Age occupy the Lands taken in Exchange for his own Lands,hereby the Exchange is made good: So if Tenant in Tail exchange his entailed Lands with another, and after his Death the Iffue occupy the Lands taken in Exchange by his Ancestors, hereby the Exchange is made good for the Life of the Iffue in Tail.

In Exchanges, the Things exchanged need not be in effe at the Time of the Exchange made for a Man may grant a Rent de novo, out of his Land in Exchange for a Manor: And there needs no Tranfmutation of Poffeffion, for a Releafe of Rent, &c. of Land, for Land, is good. The Things exchanged need not be of one Nature, nor of equal Value, (though the Estates must be equal, and not a Fee Simple for a FeeTail, Life for Years, &c.) fo as they concern Lands or Tenements, for Lands may be exchanged for Rent, Common, or any other Inheri

tance

tance which doth concern Lands or Tenements, or Spiritual Things for Temporal. But Annui ties and fuch like Things, which charge the Perfon only, and not the Lands, or Goods and Chattels, cannot be exchanged for Land. Co. Lit. 50. Perk. Sect. 265.

In all Exchanges there must be Execution by Entry, in the Life of the Parties; and therefore if one of them dieth before the Exchange be executed by Entry, the Exchange is void; for the Heir cannot enter and take it as a Purchaser, because he was named only to take by Way of Limitation of Eftate, in Course of Defcent. Co. Lit. f.50.51.b. Perk. Sect. 284, 285.

Lands will pafs by this Deed without Livery of Seifin: And Exchange hath this Effect, It gives the Intereft, and alters the Property of the Thing exchanged to either Party, according to Agreement; provided there is no Eviction of either Side.

A

Of Surrenders.

Surrender is the yielding or delivering up of Lands or Tenements, and the Eftate a Man had therein, unto another that hath a higher or greater Eftate in the fame. The Effect of it is to pass the Estate of the Surrendror to the Surrendree, and that thereupon the Eftate of the Surrendror may be drowned and extinct in the Estate of the Surrendree.

And to the making every good Surrender, thefe Things are required.

That the Surrendror and Surrendree be Perfons capable to grant and receive the Surrender: That the Surrendror have an Eftate in Poffef

fion of the Thing furrendred at the Time of the Surrender made.

That the Surrender be to him that hath the next immediate Eftate in Remainder or Reverfion; and that there be a Privity of Estate be

tween the Surrendror and Surrendree.

That the Surrendree have a higher and greater Estate in the Thing furrendred, than the Surrendror.

There are properly two Sorts of Surrenders, viz. Exprefs, and Implied, or a Surrender in Deed, and a Surrender in Law.

Exprefs or in Deed, is fuch a one as I have already mentioned; and a Surrender in Law or implied, is that which is wrought by Confequence and Operation of Law. Co. Lit. 337.

As if Leffee for Life or Years,take a new Leafe of him in Reverfion of the fame Thing in particular contained in the former Leafe, this is a Surrender in Law of the firft Leafe. Plowd. 194. 10 Co. 67. 5 Co. 11.

And if the Leffee take of the Leffor a new Leafe upon Condition, the Surrender in Law is abfolute; and altho' the Condition be broken, yet the firft Leafe is gone. But if the Leffee furrender or grant his Eftate to the Leffor upon Condition; this Condition, if it be broken, may reveft the Eftate. Co. Lit. 218.

Such Perfons as may be Grantees may be Surrendrees, and therefore a Surrender made to an Infant is good; and if the Husband have a Leafe or Eftate for Years in Right of his Wife, he alone, or he and his Wife together may furrender. One Executor may furrender an Estate or Lease for Years, which the Executors have in Right of the Teftator. A Leffee for Life or Years may furrender to him that is next in Remainder in

Fee