Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/169

 Ch. 10. formed after the etate is veted, the etate hall become abolute in the tenant. As, if a feoffment be made to a man in fee-imple, on condition that unles he goes to Rome in twenty four hours; or unles he marries with Jane S. by uch a day; (within which time the woman dies, or the feoffor marries her himelf) or unles he kills another; or in cae he alienes in fee; then and in any of uch caes the etate hall be vacated and determine: here the condition is void, and the etate made abolute in the feoffee. For he hath by the grant the etate veted in him, which hall not be defeated afterwards by a condition either impoible, illegal, or repugnant. But if the condition be precedent, or to be performed before the etate vets, as a grant to a man that, if he kills another or goes to Rome in a day, he hall have an etate in fee; here, the void condition being precedent, the etate which depends thereon is alo void, and the grantee hall take nothing by the grant: for he hath no etate until the condition be performed.

are ome etates defeaible upon condition ubequent, that require a more peculiar notice. Such are

III. held in vadio, in gage, or pledge; which are of two kinds, vivum vadium, or living pledge; and mortuum vadium, dead pledge, or mortgage.

vadium, or living pledge, is when a man borrows a um (uppoe 200𝑙.) of another; and grants him an etate, as, of 20𝑙. per annum, to hold till the rents and profits hall repay the um o borrowed. This is an etate conditioned to be void, as oon as uch um is raied. And in this cae the land or pledge is aid to be living: it ubits, and urvives the debt; and, immediately on the dicharge of that, reults back to the borrower. But mortuum vadium, a dead pledge, or mortgage, (which is much more common than the other) is where a man borrows of another Rh