CHAPTER LI.

REAL PROPERTY.

1. ALL estates in lands, in fee or for life, are real prop erty. All other estates in lands, such as leases for years, are personal property. All other property, not included in real property, is personal property. An estate in fee is an estate in which the owner has the entire property, as the term is used in this country. The people of the State, in their right of sovereignty, are deemed to possess the original title to all lands within the jurisdiction of the State. Upon failure of heirs, the title reverts or escheats to the people of the State. It reverts to the State subject to all mortgages and encumbrances, by judgment or otherwise, in the same condition that it would descend to heirs.

2. Lands in the several States are declared to be allodial; the entire and absolute property is vested in the owner. By the law of England, the king is the supreme proprietor of all the lands in the kingdom. There is no proprietor of land, except the king, who is not a tenant. The feudal system had its origin in the military policy of the northern nations, who poured themselves in vast numbers into all parts of Europe at the decline of the Roman empire. Large districts of land were allotted by the conquering generals to the superior officers of the army.

1. What property is real? What property is personal? What is an estate in fee? Who are deemed to possess the original and ultimate title to all lands within the State? Upon failure of heirs, to whom does the title revert? Subject to what?

2. What are lands in the several States declared to be? What is the meaning of allodial? Who is the supreme proprietor of all the lands in England? What are all others holding lands? In what did the feudal system have its origin? What was allotted by the conquering generals? To whom? How dealt out by them? What were these allotments called? What do these words signify in the northern language? What

These were dealt out again in smaller parcels to the inferior officers and most deserving soldiers. These allotments were called fada, feuds, fiefs, or fees. In the northern language, these words signify a constitutional reward. The condition annexed to the reward was that they should faithfully serve, in war, the person by whom they were given. The tenant took the oath of fealty, and upon breach of the condition annexed to the reward and of the oath, the lands again reverted to him who granted them.

3. All grantors, as well as receivers, were mutually bound to defend each other's possessions. Every receiver of lands was bound, when called upon by his benefactor, to do all in his power to defend him. Such benefactor was under the immediate command of his superior; and so upward to the supreme general or the prince. The several lords were reciprocally bound, in their respective gradations, to protect the possessions they had given. The effect of this constitution was soon apparent in the strength and spirit with which they maintained their conquests. Scarcely had the northern conquerors established themselves in their new dominions, when the wisdom of their constitution, as well as their personal valor, alarmed all the princes of Europe in those countries which had been formerly Roman provinces, but had deserted their old masters in the general wreck of the empire.

4. The property of those countries was held by a title wholly independent of any superior, and perfectly allodial. But those princes now parcelled out their royal territories, and persuaded their subjects to surrender their landed

was the condition annexed to the reward? What oath did the tenant take? What was the effect of a breach of the conditions annexed to the reward, and of the violation of the oath of fealty?

3. To what were all grantors and receivers bound? To what was the receiver of lands bound? Under whose command was such benefactor? What were the several lords reciprocally bound to do? In what did the effect of this constitution appear? What effect did their success have upon the other princes of Europe?

4. By what title had the lands in these countries been held? What did these princes do? How far did the feudal constitution extend?

property, and retake the same under the feudal obligations of military fealty. In a few years the feudal constitution extended itself over all Western Europe. The Roman laws, which had so universally prevailed, were driven out, and for many centuries became lost and forgotten. The feudal system was adopted in England as a part of the national constitution during the reign of William the Norman. In consequence of this change, the king became the universal lord, and original proprietor of all the lands in the kingdom.

5. The grantor of the feud was called the proprietor, or lord, because he retained the ultimate property of the feud, or reward. The grantee, who had the use and possession, was styled the feudatory, or vassal, which is another name for tenant, or holder of the lands. The words of the grant were words of gratuitous and pure donation. The grant was perfected by the ceremony of corporeal investiture, or open and notorious delivery of possession in the presence of other vassals. The tenant, upon investiture, did homage to his lord. Openly and humbly kneeling, being ungirt and uncovered, and holding up his hands both together between those of the lord, who sat before him, he professed that "he did become his man from that day forth, of life, and limb, and earthly honor;" and then he received a kiss from his lord. The idea of tenure pervades to a considerable degree the laws of real property in the several States. The title to lands in this country is essentially allodial, and every tenant in feesimple has an absolute title, yet, in technical language, he is called a tenant in fee.

What was the effect upon the Roman laws? When was the feudal system adopted in England? In consequence of this change, what did the king become? ·

5. What was the grantor of a feud called? Why? What was the grantee called? What was the character of the words of the grant? How was the grant perfected? What did the tenant do upon investiture? What position did he assume? What did he profess? What did he receive from his lord? What does the idea of tenure pervade? What is the nature of the title to lands in this country? What has every tenant in fee?

6. By the Revised Statutes of New York, which took effect in 1830, all feudal tenures were abolished. But the abolition of tenures did not take away or discharge any rents, or services certain, which at any time before had been, or at any time thereafter should be, created or reserved.

7. Every citizen of the United States is competent to hold lands, and take the same by devise, descent, or purchase. Every person competent to hold lands may alienate the same in the form prescribed by statute, except idiots, persons of unsound mind, infants, and, in some States, married women. In some of the States restrictions are placed upon the transfer of real property by the Indians, and in others no distinction is made. An alien may become qualified to hold real estate in most of the States before he is naturalized. He must, however, become a resident of the State, with the intention of becoming a citizen of the United States, as soon as he can be naturalized. He must declare his intention to become a citizen. He must prepare a statement under oath, showing that he has complied with these requisitions. This certificate must be filed with the secretary of state. He is then authorized to take, hold, and transmit real property for a period of six years, during which time he may complete his naturalization. In case of the death of such alien within six years, his heirs may take by descent, if they are qualified to hold the same, and the widow may be endowed.

6. When were feudal tenures abolished in New York? What did this abolition of tenures not take away or discharge?

7. Who is competent to hold lands? How may they take the same? Who may convey lands? What is the rule as to Indians? Can an alien become qualified to hold real estate? Where must he reside With what intention? What must he declare? What must he pre pare? Where must he file such certificate? What is he then authorized to do? In case of the death of such alien within six years, who may take his property? Is his widow entitled to dower?

CHAPTER LII.

CLASSES OF ESTATES.

1. ESTATES in lands are divided into four classes: 1. Estates of inheritance; 2. Estates for life; 3. Estates for years; 4. Estates at will or by sufferance. Tenures are abolished in most of the States. Every estate of inheritance is termed a fee-simple, or fee. Every such estate, when not defeasible or conditional, is termed a fee-simple absolute. Estates tail are generally abolished. Estates of inheritance and estates for life, are freehold estates. Those who hold such estates are freeholders. Estates for years, are chattels real. Estates at will or on sufferance are not liable to levy and sale under execution. An estate during the life of a third person, whether limited to heirs or otherwise, is deemed a freehold only during the life of the grantee or devisee. After his death, it is deemed a chattel real.

2. Estates are of two kinds as to the time of their enjoyment: 1. Estates in possession; 2. Estates in expectancy. In an estate in possession, the owner has a right to the immediate possession of the lands. In an estate in expectancy, the right to the possession is postponed to a future period. Estates in expectancy are divided into two classes: 1. Estates to commence at a future day, denomi

1. Into what classes are estates in lands divided? What is the condition of tenures in most of the States? What is every estate of inheritance called? If not defeasible or conditional? What is the condition of entailed estates? Which are freehold estates? What are the holders of such estates called? Which are chattels real? Which are not liable to levy and sale under execution? When are estates for the life of a third person freehold estates? What do they become after the death of the grantee or devisee?

2. Of what two kinds are estates, as to the time of their enjoyment? When has the owner a right to take estates in possession? When has he the right to the possession of estates in expectancy? Into what two