Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/349

 Ch. 20. or corporation intitled to the ue in fee-imple, fee-tail, for life, or years, or otherwie, hall from thenceforth tand and be eied or poeed of the land, &c, of and in the like etates as they have in the ue, trut, or confidence; and that the etate of the peron o eied to ues hall be deemed to be in him or them that have the ue, in uch quality, manner, form, and condition, as they had before in the ue." The tatute thus executes the ue, as our lawyers term it; that is, it conveys the poeion to the ue, and transfers the ue into poeion: thereby making cetuy que ue complete owner of the lands and tenements, as well at law as in equity.

tatute having thus, not abolihed the conveyance to ues, but only annihilated the intervening etate of the feoffee, and turned the interet of cetuy que ue into a legal intead of an equitable ownerhip; the courts of common law began to take cognizance of ues, intead of ending the party to eek his relief in chancery. And, conidering them now as merely a mode of conveyance, very many of the rules before etablihed in equity were adopted with improvements by the judges of the common law. The ame perons only were held capable of being eied to a ue, the ame coniderations were neceary for raiing it, and it could only be raied of the ame hereditaments, as formerly. But as the tatute, the intant it was raied, converted it into an actual poeion of the land, a great number of the incidents, that formerly attended it in it's fiduciary tate, were now at an end. The land could not echeat or be forfeited by the act or defect of the feoftee, nor be aliened to any purchaor dicharged of the ue, nor be liable to dower or curtey on account of the eiin of uch feoffee; becaue the legal etate never rets in him for a moment, but is intantaneouly transferred to cetuy que ue, as oon as the ue is declared. And, as the ue and the land were now convertible terms, they became liable to dower, curtey, and echeat, in conequence of the eiin of cetuy que ue, who was now become the terre-tenant alo; and they likewie were no longer deviable by will. Rh