Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/346

 330 could be eied to any ue but their own; that is, they might hold the lands, but were not compellable to execute the trut. And, if the feoffee to ues died without heir, or committed a forfeiture, or married, neither the lord who entered for his echeat or forfeiture, nor the huband who retained the poeion as tenant by the curtey, nor the wife who was aigned her dower, were liable to perform the ue ; becaue they were not parties to the trut, but came in by act of law: though doubtles their title in reaon was no better than that of the heir.

the other hand the ue itelf, or interet of cetuy que ue, was learnedly refined upon with many elaborate ditinctions. And, 1. It was held that nothing could be granted to a ue, whereof the ue is ineparable from the poeion; as annuities, ways, commons, and authorities, quae ipo uu conumuntur : or whereof the eiin could not be intantly given. 2. A ue could not be raied without a ufficient conideration. For where a man makes a feoffment to another without any conideration, equity preumes that he meant it to the ue of himelf : unles he exprely declares it to be to the ue of another, and then nothing hall be preumed contrary to his own expreions. But, if either a good or a valuable conideration appears, equity will immediately raie a ue correpondent to uch conideration. 3. Ues were decendible according to the rules of the common law, in the cae of inheritances in poeion ; for in this and many other repects aequitas equitur legem, and cannot etablih a different rule of property from that which the law has etablihed. 4. Ues might be aigned by ecret deeds between the parties, or be devied by lat will and tetament : for, as the legal etate in the oil was not transferred by thee tranactions, no livery of eiin was neceary; and, as the intention of the parties was the leading principle in this pecies of property, any Rh