Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/257

 Ch. 15.

URCHASE, perquiitio, taken in it's larget and mot extenive ene, is thus defined by Littleton ; the poeion of lands and tenements, which a man hath by his own act or agreement; and not by decent from any of his ancetors or kindred. In this ene it is contraditinguihed from acquiition by right of blood, and includes every other method of coming to an etate, but merely that by inheritance; wherein the title is veted in a peron, not by his own act or agreement, but by the ingle operation of law.

, indeed, in it's vulgar and confined acceptation, is applied only to uch acquiitions of land, as are obtained by way of bargain and ale, for money, or ome other valuable conideration. But this falls far hort of the legal idea of purchae: for, if I give land freely to another, he is in the eye of the law a purchaor ; and falls within Littleton's definition, for he comes to the etate by his own agreement, that is, he conents to the gift. A man who has his father's etate ettled upon him in tail, before he is born, is alo a purchaor; for he takes quite another etate than the law of decents would have given him. Nay even if the ancetor devies his etate to his heir at law by will, with other limitations or in any other hape than the coure of decents would direct, uch heir hall take by purchae. But if a man, eied in fee, devies his whole etate to his heir at law, o that the heir takes neither a greater nor a les etate by the devie than Rh