A Treatise On the American Law of Real Property volume 2

Cover A Treatise On the American Law of Real Property volume 2
A Treatise On the American Law of Real Property volume 2
Emory Washburn
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Jur. 442.
USES PRIOR TO THE STATUTE OF USES. 367 it is stated by Bacon that no statute was ever made for the benefit of cestui que use, but only for the benefit of strangers against cestuis que use and their feoffees.^ The consequence was, that if a disseisor ousted the feoffee to use, or his tenant, equity could furnish no relief, and it became the duty of the feoffee, in order to protect the interest of his cestui que use, to resort to some proper form of action at law for the recovery of the
... estate. 2 § 1328. What might be conveyed to Uses. — All lands and hereditaments, incorporeal as well as corporeal, in posses- sion, reversion, or remainder, might be conveyed by way of use. It was necessary, however, that the property conveyed should be in esse at the time, and capable of having what answered to the seisin thereof, given instantly and simulta- neously with the creation of the use.^ Therefore, though a man might convey lands to another, and his heirs to the use of a third person for years, he could not so convey them if he had only a leasehold interest therein for years, since he had no seisin to part with upon which the use might depend.

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