Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/282

 266 able by this precription, but uch things as are incident, appendant, or appurtenant to lands; for it would be aburd to claim any thing as the conequence, or appendix, of an etate, with which the thing claimed has no connexion: but, if he precribes in himelf and his ancetors, he may precribe for any thing whatoever that lies in grant; not only things that are appurtenant, but alo uch as may be in gros. Therefore a man may precribe, that he, and thoe whoe etate he hath in the manor of Dale, have ued to hold the advowon of Dale, as appendant to that manor: but, if the advowon be a ditinct inheritance, and not appendant, then he can only precribe in his ancetors. So alo a man may precribe in a que etate for a common appurtenant to a manor; but, if he would precribe for a common in gros, he mut precribe in himelf and his ancetors. 6. Latly, we may oberve, that etates gained by precription are not, of coure, decendible to the heirs general, like other purchaed etates, but are an exception to the rule. For, properly peaking, the precription is rather to be conidered as an evidence of a former acquiition, than as an acquiition de novo: and therefore, if a man precribes for a right of way in himelf and his ancetors, it will decend only to the blood of that line of ancetors in whom he o precribes; the precription in this cae being indeed a pecies of decent. But, if he precribes for it in a que etate, it will follow the nature of that etate in which the precription is laid, and be inheritable in the ame manner, whether that were acquired by decent or purchae: for every acceory followeth the nature of it's principal.