Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/339

 Ch. 20. 5. exchange is a mutual grant of equal interets, the one in conideration of the other. The word "exchange" is o individually requiite and appropriated by law to this cae, that it cannot be upplied by any other word or expreed by any circumlocution. The etates exchanged mut be equal in quantity ; not of value, for that is immaterial, but of interet; as fee-imple for fee-imple, a leae for twenty years for a leae for twenty years, and the like. And the exchange may be of things that lie either in grant or in livery. But no livery of eiin, even in exchanges of freehold, is neceary to perfect the conveyance : for each party tands in the place of the other and occupies his right, and each of them hath already had corporal poeion of his own land. But entry mut be made on both ides; for, if either party die before entry, the exchange is void, for want of ufficient notoriety. And o alo, if two parons, by conent of patron and ordinary, exchange their preerments; and the one is preented, intituted, and inducted, and the other is preented, and intituted, but dies before induction; the former hall not keep his new benefice, becaue the exchange was not completed, and therefore he hall return back to his own. For if, after an exchange of lands or other hereditaments, either party be evicted of thoe which were taken by him in exchange, through defect of the other's title; he hall return back to the poeion of his own, by virtue of the implied warranty contained in all exchanges.

6., is when two or more joint-tenants, coparceners, or tenants in common, agree to divide the lands o held among them in everalty, each taking a ditinct part. Here, as in ome intances there is a unity of interet, and in all a unity Rh