Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/340

 324 of poeion, it is neceary that they all mutually convey and aure to each other the everal etates, which they are to take and enjoy eparately. By the common law coparceners, being compellable to make partition, might have made it by parol only; but joint-tenants and tenants in common mut have done it by deed: and in both caes the conveyance mut have been perfected by livery of eiin. And the tatutes of 31 Hen. VIII. c. 1. and 32 Hen. VIII. c. 32. made no alteration in this point. But the tatute of frauds 29 Car. II. c. 3. hath now abolihed this ditinction, and made a deed in all caes neceary.

are the everal pecies of primary, or original conveyances. Thoe which remain are of the econdary, or derivative ort; which preuppoe ome other conveyance precedent, and only erve to enlarge, confirm, alter, retrain, retore, or transfer the interet granted by uch original conveyance. As,

7. ; which are a dicharge or conveyance of a man's right in lands or tenements, to another that hath ome former etate in poeion. The words generally ued therein are "remied, releaed, and for ever quit-claimed ." And thee releaes may enure either, 1. By way of enlarging an etate, or enlarger l'etate: as, if there be tenant for life or years, remainder to another in fee, and he in remainder releaes all his right to the particular tenant and his heirs, this gives him the etate in fee. But in this cae the releee mut be in poeion of ome etate, for the releae to work upon; for if there be leee for years, and, before he enters and is in poeion, the leor releaes to him all his right in the reverion, uch releae is void for want of poeion in the releee. 2. By way of paing an etate, or mitter l'etate: as when one of two coparceners releaeth all her right to the other, this paeth the fee-imple of the whole. And in both thee caes there mut be a privity of etate between the releor and releee ; that is, one of their etates mut be Rh