Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/32

Rh on C; hereby the etate decends to C the on of A, and B is barred from entering thereon till he proves his right in an action: now, if afterwards C the heir of the dieior makes a leae for life to D, with remainder to B the dieiee for life, and D dies; hereby the remainder accrues to B, the dieiee: who thus gaining a new freehold by virtue of the remainder, which is a bad title, is by act of law remitted, or in of his former and urer etate. For he hath hereby gained a new right of poeion, to which the law immediately annexes his antient right of propriety.

the ubequent etate, or right of poeion, be gained by a man’s own act or conent, as by immediate purchae being of full age, he hall not be remitted. For the taking uch ubequent etate was his own folly, and hall be looked upon as a waiver of his prior right. Therefore it is to be oberved, that to every remitter there are regularly thee incidents; an antient right, and a new defeaible etate of freehold, uniting in one and the ame peron; which defeaible etate mut be cat upon the tenant, not gained by his own act or folly. The reaon given by Littleton, why this remedy, which operates ilently and by the mere act of law, was allowed, is omewhat imilar to that given in the preceding article; becaue otherwie he who hath right would be deprived of all remedy. For as he himelf is the peron in poeion of the freehold, there is no other peron againt whom he can bring an action, to etablih his prior right. And for this caue the law doth adjudge him in by remitter; that is, in uch plight as if he had lawfully recovered the ame land by uit. For, as lord Bacon oberves, the benignity of the law is uch, as when, to preerve the principles and grounds of law, it depriveth a man of his remedy without his own fault, it will rather put him in a better degree and condition than in a wore. Nam quod remedio detituitur, ipa re valet; i culpa abit. But there hall be no remitter to a right, for which the party has no