Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/376

 360 uppoed recompene in value is the reaon why the iue in tail is held to be barred by a common recovery. For, if the recoveree hould ever obtain a recompene in lands from the common vouchee (which there is a poibility in contemplation of law, though a very improbable one, of his doing) thee lands would upply the place of thoe o recovered from him by colluion, and would decend to the iue in tail. This reaon will alo hold, with equal force, as to mot remainder-men and reverioners; to whom the poibility will remain and revert, as a full recompene for the reality, which they were otherwie entitled to: but it will not always hold; and therefore, as Pigott ays, the judges have been even atuti, in inventing other reaons to maintain the authority of recoveries. And, in particular, it hath been aid, that, though the etate-tail is gone from the recoveree, yet it is not detroyed, but only transferred; and till ubits, and will ever continue to ubit (by contruction of law) in the recoveror, his heirs, and aigns: and, as the etate-tail o continues to ubit for ever, the remainders or reverions expectant on the determination of uch etate-tail can never take place.

uch aukward hifts, uch ubtle refinements, and uch trange reaoning, were our ancetors obliged to have recoure, in order to get the better of that tubborn tatute de donis. The deign, for which thee contrviances were et on foot, was certainly laudable; the unrivetting the fetters of etates-tail, which were attended with a legion of micheifsmischiefs [sic] to the commonwealth: but, while we applaud the end, we cannot but admire the means. Our modern courts of jutice have indeed adopted a more manly way of treating the ubject; by conidering common recoveries in no other light, than as the formal mode of conveyance, by which tenant in tail is enabled to aliene his lands. But, ince the ill conequences of fettered inheritances are now generally een and allowed, and of coure the utility and expedience of etting them at liberty are apparent; it hath often been wihed, that the pro- Rh