Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/364

 348 to his villein, this operated as a manumiion ; for he was otherwie unable to hold it. But the king's grant hall not enure to any other intent, than that which is preciely expreed in the grant. As, if he grants land to an alien, it operates nothing; for uch grant hall not alo enure to make him a denizen, that o he may be capable of taking by grant. 3. When it appears, from the face of the grant, that the king is mitaken, or deceived, either in matter of fact or matter of law, as in cae of fale uggetion, miinformation, or mirecital of former grants; or if his own title to the thing granted be different from what he uppoes; or if the grant be informal; or if he grants an etate contrary to the rules of law; in any of thee caes the grant is abolutely void. For intance; if the king grants lands to one and his heirs male, this is merely void: for it hall not be an etate-tail, becaue there want words of procreation, to acertain the body, out of which the heirs hall iue: neither is it a fee-imple, as in common grants it would be; becaue it may reaonably be uppoed, that the king meant to give no more than an etate-tail : the grantee is therefore (if any thing) nothing more than tenant at will. And, to prevent deceits of the king, with regard to the value of the etate granted, it is particularly provided by the tatute 1 Hen. IV. c. 6. that no grant of his hall be good, unles, in the grantee's petition for them, expres mention be made of the real value of the lands.

III. are next to conider a very uual pecies of aurance, which is alo of record; viz. a fine of lands and tenements. In which it will be neceary to explain, 1. The nature of a fine; 2. It's everal kinds; and 3. It's force and effect.

1. is ometimes aid to be a feoffment of record : though it might with more accuracy be called, an acknowlegement of a feoffment on record. By which is to be undertood, Rh