All Lineal Warranties from a Father, or o ther Anceftor, binding himself and Heirs to Warranty, fhall bar the Heir without Affets in Fee Simple; but not an Estate in Fee-Tail without Affets.

Collateral Warranty, where the Perfon who Claims the Land cannot poffibly make his Title to the fame by him who made the Warranty, is thus explain'd:

As if a Man feized of Land in Fee, have Iffue two Sons, and the Father dieth, and the younger Son doth enter and alien the Land with Warranty, and die without Iffue; this is a Collateral Warranty that is defcended on the elder Brother. Lit. Sect. 707. Doct. & Stud. 152.

If a Purchase be made to Father and Son, and the Heirs of the Father, and the Father alien with Warranty; or if it be made to them and the Heirs of the Son, the Son, in the Lifetime of the Father, may enter, and avoid the Warranty for all.

If there be Tenant for Life, Remainder to his Son and Heir apparent in Tail; the Father may make a Feoffinent in Fee with Warranty, and bar the Son after his Death, unless the Son doth enter in the Life-time of the Father, by which he may avoid the Warranty. Co. 5.79.

But if the Lands be fettled on the Heirs Male of the Father, the Father may make such Feoffment with Warranty, and the Son cannot then enter, during his Father's Life, to avoid it, by Reafon he cannot be Heir Male to his Father, until after his Father's Death. Co. 1. 66.

A Warranty by my Ancestor, while I am within Age, fhall not bind me if he die before I come to Age: But if I become of Age after the Warranty, and before my Ancestor's Death,

it fhall bar me: And in the firft Cafe it may alfo bar me whilft it is in Force; but I may avoid it by Entry. Lit. Sec. 726. Co. 1. 67, 140. Super Lit. 380.

It is the fame of Women Covert, in respect to Warranties made by their Husbands.

Warranty of a Wife will not bar the Iffue, unless the next Heir join with her in it.

Warranty of the Husband without the Wife, or after the Wife's Death alone, as Tenant by the Courtesy, fhall not bar the Wife's Heir, if the Lands came in her Right, unless there be Affets left of other Land in Fee-Simple from the Husband; but Hufband and Wife together may bar the Heir by Fine. Co. Lit. 366, 381. Stat. Glouc. cap. 6. Lit. Sect. 332.

A Warranty never bars any Right that doth commence after the Warranty made.

If two make a Feoffment with Warranty, and one dies, the Survivor fhall not be charged alone with the Warranty, but the Heir of him that is dead fhall be charged alfo; and if both die, both their Heirs are chargeable. Co. 3. 14. Super Lit. 386. 16 H. 7. 13. 48 Ed. 3. 5.

And in Cafe there be two Warrantors, and a Release is made to one of them, the other will not by that be discharged from performing his Part of the Warranty.

By Stat. 4 & 5 Anna, for Amendment of the Laws; Warranties made by any Tenant for Life, of Lands or Tenements coming or defcending to any Perfon in Reverfion or Remainder, fhall be void and of none Effect; and all Collateral Warranties made of any Lands or Tenements by any Ancestor who has no Eftate of Inheritance in the fame, shall be void against his Heir.

Of

Of the feveral Deeds and Inftruments made use of in Conveyancing (viz.) Bargain and Sale, Gifts, Grants, Feoffments, Fines, Recoveries, Indentures to lead Ufes of Fines and Recoveries, Leafe and Releafe, Confirmation, Marriage Settlements, Jointures, Articles, Contracts, Covenants to ftand seized to Ufes, Leafes, &c. Affignments, Annuities, Exchanges, Surrenders, Revocations and new Decla rations, Mortgages, Obligations, Statutes, Defeazances, Ufes, Trufts, Wills, &c. And also of Defcents, Fee Simple, Fee-Tail, Reverfions, Remainders, Dower, Baron and Feme, Parceners, Fointenants, Tenants by the Courtefy, Conditions, Awards, Executors, Adminiftrators, &c. an Abridgment of the Law, and particular Obfervations, and Law Cafes thereupon.

Of Bargain and Sale.

With

Deed of Bargain and Sale, is an Inftru

A ment whereby the Property of a Thing is

tranferred from one Man to another, upon valuable Confideration: And it differs from a Gift in this, that a Gift may be made without any Confideration or Caufe at all; and a Bargain and Sale must have meritorious Caufe moving it, or else it cannot fubfift.

All Things, for the most Part, that are grantable by any other Way from one Man to another, are grantable, and may be transferred by Way of Bargain and Sale from one to another. And therefore Lands, Tenements, Rents, Advowfons, Commons, Tythes, Profits of Courts,

and

and the like, may be granted by Way of Bargain and Sale, in Fee Simple, Fee-Tail, for Life or Years: And all manner of Goods, Chattels and Merchandizes, are alfo grantable by Bargain and Sale. Weft. Symb. Tit. Bargain and Sale.

The Words, Bargain and Sale, are not abfolutely neceffary to a good Bargain and Sale; for Words equivalent will fuffice to make Lands pafs by Way of Bargain and Sale. And therefore, if a Man feized of Land in Fee doth by Deed indented, and by the Words alien, give or grant, fell them to another: Or if fuch a Man Covenant to ftand feized of his Land to the Ufe of another, and these Deeds are made in Confideration of Money, and afterwards inrolled; thefe will be good Bargains and Sales. 8 Co. 94. 7, 40.

There must be a good Confideration given, or at leaft faid to be given, for the Lands. Co. 176. And for divers good and valuable Confiderations. In Confideration that the Bargainee is bound for the Bargainor, in Confideration of a certain Sum of Money, or of a competent Sum of Money, &c. These are good Confiderations.

It is requifite, where any Freehold is to pass of the Land, that the Deed be inrolled, as 'tis provided by Stat. 27 H. 8. c. 16. And this inrolment must be upon Parchment; the Deed inrolled muft be indented, for if it be but Poll, the Eftate will not pafs: It must be before fuch Officers as by the Statute are authorized to take it. And the Deed muft be fo inrolled within fix Months of the Purchafe and Sale. Co. 5. I.

,

In this Sort of Deed, there must be a good Confideration given, or faid to be given for the Land, as is before obferved; and if the Deed make mention of Money paid, as in Confideration of 100 l or the like, and in Truth no Money is paid, yet the Bargain and Sale may be good, becaufe no Averment will lie against that which is exprefly affirmed by the Deed: However, where Money or other good Confideration is really given, though it is not expreffed in the Deed, the Bargainee may aver it, and being proved, the Bargain will be good. Dyer 90. 169. 1 Co. 176.

But if a Deed exprefs a Confideration of Money upon Purchase made by the Deed, yet this is no Proof, upon a Tryal, that the Money expreffed was actually paid; but it must be proved by Witneffes. Styles Rep. 462.

It is faid, That Bargain and Sale may be averred to be fraudulent within the Statute of 27 Eliz. and that a Rent may be reserved upon it, or a Condition made by it, as well as by any other kind of Affurance. Vide 2 Co. 54.

To Bargain and Sale of Land in Poffeffion or Reverfion, there needs no Livery of Seifin, or Attornment to perfect it; for it is good without where it is inrolled.

A Deed of Bargain and Sale may be made of Leafes, or Goods and Chattels, without Confideration: As if a Man do by his Deed bargain and fell his Trees, &c. or any Thing he hath befides his Land, without any Confideration at all, this may be good enough: And if fuch Deed of Bargain and Sale be made of a Leafe for Years of Land, or of any Goods, there it matters not whether it be inrolled or not, or whether it be indented or not. Warranty and Covenants

may