Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/316

 300 upon uch a day, the whole etate granted hall determine;" and the like.

6. may follow the claue of warranty; whereby the grantor doth, for himelf and his heirs, warrant and ecure to the grantee the etate o granted. By the feodal contitution, if the vaal's title to enjoy the feud was diputed, he might vouch, or call, the lord or donor to warrant or inure his gift; which if he failed to do, and the vaal was evicted, the lord was bound to give him another feud of equal value in recompene. And o, by our antient law, if before the tatute of quia emptores a man enfeoffed another in fee, by the feodal verb dedi, to hold of himelf and his heirs by certain ervices; the law annexed a warranty to this grant, which bound the feoffor and his heirs, to whom the ervices (which were the conideration and equivalent for the gift) were originally tipulated to be rendered. Or if a man and his ancetors had immemorially holden land of another and his ancetors by the ervice of homage (which was called homage auncetrel) this alo bound the lord to warranty ; the homage being an evidence of uch a feodal grant. And, upon a imilar principle, in cae, after a partition or exchange of haids of inheritance, either party or his heirs be evicted of his hare, the other and his heirs are bound to warranty, becaue they enjoy the equivalent. And o, even at this day, upon a gift in tail or leae for life, rendering rent, the donor or leor and his heirs (to whom the rent is payable) are bound to warrant the title. But in a feoffment in fee by the verb dedi, ince the tatute of quia emptores, the feoffor only is bound to the implied warranty, and not his heirs ; becaue it is a mere peronal contract on the part of the feoffor, the tenure (and of coure the antient ervices) reulting back to the uperior lord of the fee. And in other forms of alienation, gradually introduced ince that ta- Rh