Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/343

 Ch. 20. property, and the aignee tands to all intents and purpoes in the place of the aignor.

11. is a collateral deed, made at the ame time with a feoffment or other conveyance, containing certain conditions, upon the performance of which the etate then created may be defeated or totally undone. And in this manner mortgages were in former times uually made; the mortgagor enfeoffing the mortgagee, and he at the ame time executing a deed of defeazance, whereby the feoffment was rendered void on re-payment of the money borrowed at a certain day. And this, when executed at the ame time with the original feoffment, was conidered as part of it by the antient law ; and, therefore only, indulged: no ubequent ecret revocation of a olemn conveyance, executed by livery of eiin, being allowed in thoe days of implicity and truth; though, when ues were afterwards introduced, a revocation of uch ues was permitted by the courts of equity. But things that were merely executory, or to be completed by matter ubequent, (as rents, of which no eiin could be had till the time of payment; and o alo annuities, conditions, warranties, and the like) were always liable to be recalled by defeazances made ubequent to the time of their creation.

II. yet remain to be poken of ome few conveyances, which have their force and operation by virtue of tatute of ues.

and truts are in their original of a nature very imilar, or rather exactly the ame: anwering more to the fidei-commium than the uus-fructus, of the civil law; which latter was the temporary right of uing a thing, without having the ultimate property, or full dominion of the ubtance. But the fidei-commium, which uually was created by will, was the dipoal of an inheritance to one, in confidence that he hould convey it or di- Rh