Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/318

 302 the warranting ancetor; as, where a younger brother releaed to his father's dieior, with warranty, this was collateral to the elder brother. But where the very conveyance, to which the warranty was annexed, immediately followed a dieiin, or operated itelf as uch (as, where a father tenant for years, with remainder to his on in fee, aliened in fee-imple with warranty) this, being in it's original manifetly founded on the tort or wrong of the warrantor himelf, was called a warranty commencing by dieiin; and, being too palpably injurious to be upported, was not binding upon any heir of uch tortious warrantor.

both lineal and collateral warranty, the obligation of the heir (in cae the warrantee was evicted, to yield him other lands in their tead) was only on condition that he had other ufficient lands by decent from the warranting ancetor. But though, without aets, he was not bound to inure the title of another, yet, in cae of lineal warranty, whether aets decended or not, the heir was perpetually barred from claiming the land himelf; for, if he could ucceed in uch claim, he would then gain aets by decent (if he had them not before) and mut fulfil the warranty of his ancetor: and the ame rule was with les jutice adopted alo in repect of collateral warranties, which likewie (though no aets decended) barred the heir of the warrantor from claiming the land by any collateral title; upon the preumption of law that he might hereafter have aets by decent either from or through the ame ancetor. The inconvenience of this latter branch of the rule was felt very early, when tenants by the curtey took upon them to aliene their lands with warranty; which collateral warranty of the father decending upon his on (who was the heir of both his parents) barred him from claiming his maternal inheritance: to remedy which the tatute of Gloceter, 6 Edw. I. c. 3. declared, that uch warranty hould be no bar to the on, unles aets decended from the father. It was afterwards attempted in 50 Edw. III. to make the ame pro- Rh