Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/319

 Ch. 20. viion univeral, by enacting that no collateral warranty hould be a bar, unles where aets decended from the ame ancetor ; but it then proceeded not to effect. However, by the tatute 11 Hen. VII. c. 20. notwithtanding any alienation with warranty by tenant in dower, the heir of the huband is not barred, though he be alo heir to the wife. And by tatute 4 & 5 Ann. c. 16. all warranties by any tenant for life hall be void againt thoe in remainder or reverion; and all collateral warranties by any ancetor who has no etate of inheritance in poeion hall be void againt his heir. By the wording of which lat tatute it hould eem, that the legilature meant to allow, that the collateral warranty of tenant in tail, decending (though without aets) upon a remainder-man or reverioner, hould till bar the remainder or reverion. For though the judges, in expounding the tatute de donis, held that, by analogy to the tatute of Gloceter, a lineal warranty by the tenant in tail without aets hould not bar the iue in tail, yet they held uch warranty with aets to be a ufficient bar : which was therefore formerly mentioned as one of the ways whereby an etate-tail might be detroyed; it being indeed nothing more in effect, than exchanging the lands entailed for others of equal value. They alo held that collateral warranty was not within the tatute de donis; as that act was principally intended to prevent the tenant in tail from diinheriting his own iue: and therefore collateral warranty (though without aets) was allowed to be, as at common law, a ufficient bar of the etate tail and all remainders and reverions expectant thereon. And o it till continues to be, notwithtanding the tatute of queen Anne, if made by tenant in tail in poeion: who therefore may now, without the forms of a fine or recovery, in ome caes make a good conveyance in fee-imple, by uperadding a warranty to his grant; which, if accompanied with aets, bars his own iue, and without them bars uch of his heirs as may be in remainder or reverion. Rh