reversion could not be conveyed by parol; it must have been by deed, as it lay not in livery; for where the possession did not pass, the law required a deed or a solemn instrument under seal, when there was no matter of record as the evidence of the transfer. Ibid.

A reversion may also be charged by the person entitled to it. Ibid.

And if an estate tail be created, the reversion, unless it be in the Crown, may be barred or destroyed, by the tenant in tail suffering a recovery of the premises, by virtue of the statutes of Hen. 7 and 8. Ibid.

The reversioner continues tenant to the lord during the existence of the particular estate; and the particular grantee shall hold of the reversioner; and, as a necessary consequence or incident, the rent, fealty, &c. shall always follow the reversion. 2 Black. 175, 176. Watk, Prin. 176.

As the creation of a particular estate is of absolute necessity, to give existence to a reversion, so the continuance of the reversion, depends upon the continuance of the particular estate; for if, by any means, as by forfeiture, surrender, or regular expiration, such particular estate determine, the interest of the grantor ceases of necessity to be an estate of reversion, and becomes an estate in possession, and into which he may immediately enter. Plowd. 153. 155. Watk. Prin. 112.

XVIII. A Right.]-A right in general signification includes not only a right, for which a writ of right lies, but also any title or claim either by virtue of a condition, mortgage, or the like, for which no action is given by law, but only an entry. Co. Lit. l. 3. c. 8. s. 445.

Also one person may have the actual possession of certain lands, and another the right of possession or the right of propriety as if a person enter wrongfully into my lands, he will have the actual possession; but I may enter and oust him if I please, as the right of possession is in me. If, how

ever, I do not exert that right and enter within a limited time, my power of entering is taken away, and I am driven to my action to recover the possession; and, if I do not avail myself of my possessory action, I shall have only a right of propriety, or mere right, left. Gilb. Jun. 21. 2 Bl. Com. 195. Watk. Prin. 113.

And for the "quieting men's estates and avoiding of suits, actions must be respectively brought within the following times,, to be reckoned from the period when the plaintiff's RIGHT of entry arose: viz. In a writ of right..

32 Hen. 8. c. 12. within 60 years. Formedon and ejectment. 21 Jac. 1. c. 16. . . . 20 years.

A right is not grantable over; it can only be extinguished. -It cannot be even surrendered, nor will it pass to a stranger by fine, though by such fine the right would be barred, as the cognizor cannot claim a right against his own fine, which is a matter of record, and by consequence an estoppel; as by that fine he has acknowledged the right to be in another. It is not devisable. The proper mode of extinguishment is that of a release or fine sur cognizance de droit tantum, to the person in actual possession of the lands. Watk. Prin. 114.

XVIII. A Possibility.]—A bare possibility of an interest which is uncertain, though it may be released or devised, is not grantable to a stranger. (Shep. Touch. 239.) It may be barred by fine, by way of estoppel; for a fine may be levied of a right in futuro or of a possibility. 10 Co. 50 a. Fearne, 289. Shep. Touch. 14.

So a possibility, coupled with some present interest, is grantable over. Shep. Touch. 234. Watk. Prin. 117.

XIX. Equity of Redemption.]—Where money is due upon mortgage and not paid at the day appointed, the mortgagee may enter and take possession, without any possibility at law of being afterwards evicted by the mortgagor: but here the Courts of equity interfere, and though a mortgage be thus forfeited, and the estate absolutely vested in the mort

gagee at the common law, yet they will consider the real value of the tenements, with the sum borrowed; and if the estate be of greater value than the sum lent thereon, they will allow the mortgagor at any reasonable time to recall or redeem his estate, on paying to the mortgagee his principal, interest, and costs: for otherwise, in strictness of law, an estate worth £1000 might be forfeited for non-payment of £100, or a less sum. This reasonable privilege and advantage allowed to mortgagors is called the EQUITY OF REDEMPTION, and it is this which enables the mortgagor to call on the mortgagee, who has possession of his estate, to deliver it back and account for the rents and profits received on payment of his whole debt and interest. 2 Bl. Com. 158. 2 Vent. 364.

But in general, if the mortgagee has been twenty years in possession, the Courts of equity, in conformity with the Statute of Limitations which restricts the time of bringing ejectments, will not permit the mortgagor to redeem, unless during part of the time the mortgagor has been an infant or a married woman, or unless the mortgagee admits he holds the estate as a mortgage, or he has kept accounts upon it, and treated it as redeemable within twenty years; or there are some other special circumstances which form an exception to the general rule. (Eq. Ca. Abr. 313. 2 Bro. 399. 2 Vez. Jun. 83.) But note, that where two different estates are mortgaged by the owner to the same person, one cannot be redeemed without the other. Amb. 783.

An equity of redemption may be released to the person in possession. Sometimes, indeed, the conveyance by lease und release is adopted; but then the latter species of conveyance does not operate as a lease and release, with respect to the equity, as a person cannot be seised of an equity to an use; and consequently, as no use arises by the bargain and sale, the release only can operate, with respect to the equity, as a mere or proper release, just as it would have done without such a bargain and sale, or lease for a year. Watk. Prin. 119.

The conveyance by lease and release is, therefore, adopted for caution only: as in case there be an equity only in the person intending to convey, such release will operate as a common release, and so pass it notwithstanding the bargain and sale; and in case there be any legal freehold, interest or estate, left in the mortgagor, by reason of any defect in the mortgage deeds, then the bargain and sale will operate on such legal interest or estate, and with the release pass that also. Watk. Prin. 119.

In like manner, as a Court of equity considers a mortgage, though in fee, merely as a security for money till the time of redemption be past, the mortgagor frequently disposes of his own equity or right of redemption to another. This can only properly be by way of assignment, grant, or devise; for he cannot pass it by feoffment, bargain and sale, nor consequently by lease and release, as the seisin or legal estate is in the mortgagee; though the lease and release are often adapted, for the reasons before noticed, with respect to the conveyance of such equity to the person in possession. Ibid.

XX. Uses and Trusts.]-Uses and trusts are, in their original, of a nature very similar, or rather exactly the same; an use being a confidence reposed in another who was tenant of the land, or terre-tenant, that he should dispose of the land according to the intentions of cestui que use, or him to whose use it was granted, and suffer him to take the profits: as if a feoffment was made to A and his heirs, to the use of and in trust for B and his heirs; here, at the common law, A the terre-tenant had the legal property and possession of the land, but B, the cestui que use, was in conscience and equity to have the profits and disposal of it. Bacon on Uses, 306.

But by the statute 27 Hen. 8. c. 10. it is enacted" that where any person shall be seised of lands, &c., to the use, confidence, or trust of any other person or body politic, the

person or corporation entitled to the use in fee-simple, feetail, for life or years, or otherwise, shall from thenceforth stand and be seised or possessed of the land, &c., of and in the like estates as they have in the use, trust, or confidence; and that the estate of the person so seised to use, shall be deemed to be in him or them that have the use, in such quality, form, manner, and condition as they had before in the use." The statute thus executes the use, as it is termed; that is, it conveys the possession to the use, and transfers the use into possession, thereby making cestui que use complete owner of the lands, &c., as well at law as in equity. 2 Bl. Com. 332.

It is necessary, to the creation of such an use as may be executed by the statute, that there be a person to stand seised of certain hereditaments to such an use; that there be a person capable of taking that use; and that there be privity of estate and privity of person. 2 Bl. Com. 327.

1. There must be a person seised, for a corporation cannot stand seised to an use; and, therefore, if a corporation convey, it must be by feoffment, lease (with an actual entry) and release: yet the Courts will, however, if possible, support a bargain and sale by a corporation, as some species of conveyance, rather than it should avoid its own act. Com. Dig. Bargain and Sale, 3 b. Shep. Touch. 220. 228.

2. There must be a person seised of hereditaments; for chattels and copyhold interests are not within the statute, though a person may stand seised of the freehold to the use of another for a chattel interest: thus A B being seised in fee, may covenant to stand seised to C D for years, and such use will be executed by the statute. And this is every day seen by the lease, or more properly by the bargain and sale, upon which a release is grounded. But chattel interest may be conveyed subject to certain trusts, as commonly practised. 2 Black Com. 330. Watk. Prin. 123.

3. There must be a person capable of receiving the use; and, therefore, a limitation to the use of a corporation would