services of others; and all rights to demand and receive payment of money, whether arising out of simple promises or any other form of obligation. Read 2 Bl. Comm., pp. 386, 387, 397. 2 Kent Comm., Lect. xxxv, p. 351. § 60. Of Estates. The law distinguishes between the property itself and the interest which the owner has therein. This interest is known as an estate; and, when complete, it consists of the right of property, the right of possession, and actual possession. The right of property may, however, vest in one person, the right of possession in another, and actual possession in still another. Several incomplete estates may also concurrently exist in the same property; the owner of each estate having the right of property appropriate thereto, and such rights of possession, and such actual possession, as are consistent with the legal character and attributes of the co-existing estates. The different interests of a landlord and his tenant in the same corporeal real property, or of the owner and the hirer of corporeal personal property are instances of such concurrent estates. Read 2 Bl. Comm., pp. 103, 107, 195-199. 1 Cruise Dig., Tit. i, §§ 11, 49. 3 Cruise Dig., Tit. xxix, Ch. i. 4 Kent Comm., Lect. lxv, p. 373. 1 Wash. R. P., B. i, Ch. iii. §§ 1-8. $61. Of the Ownership and Transfer of Estates. An estate may belong to one person, or to several persons collectively. It may also be transmitted from one person to another, or lesser estates may be carved out of it by the owner and be granted to others. The rela tion between co-owners or successive owners of the same estate, or between persons one of whom derives his estate from the other, is known as privity of estate. Read 2 Bl. Comm., pp. 107, 179, 200, 201. 1 Wash. R. P., B. i, Ch. xiii, Sec. 1, § 1. 2 Wash. R. P., B. ii, Ch. i, Sec. 1, § 16. § 62. Of Real and Personal Estates. Estates, like property, are, in their legal character, of two kinds: Real and Personal. A real estate is one which, in contemplation of law, is permanent and without end; and every estate is such when the date of its termination is not determined by, or ascertainable from or at the date of, the act which creates it. A personal estate is one which, in contemplation of law, is not permanent and without end; that is, when the date of its termination is determined by, or ascertainable from or at the time of, the act which creates it. Read 2 Bl. Comm., p. 386. 1 Cruise Dig., Tit. i, §§ 12-15; Tit. viii, Ch. i, §§ 25, 26. 2 Kent Comm., Lect. xxxv, p. 342. Will. R. P., pp. 8, 9. 1 Wash. R. P., B. i, Ch. iii, §§ 9-11. § 63. Of Legal and Equitable Estates. The law also distinguishes between an estate in property and the benefits to be derived from the ownership of such estate. One man may have the right of property, the right of possession, and the actual possession, of real or personal property, while another man is entitled to all the results which flow from the enjoyment of these rights. In such cases, the estate of the former is the only one recognized in courts of law, and hence is called the legal estate. The owner of the beneficial interest can, however, in a court of equity, compel the former to account to him for all the profits accruing from the property; and his interest is, therefore, known as the equitable estate. Read 2 Bl. Comm., pp. 272, 327-329, 337. 1 Cruise Dig., Tit. xi, Ch. i, § 2; Tit. xii, Ch. i, S$ 1, 3. Shep. Touchstone, Ch. xxiv, §§ 1-3. 4 Kent Comm., Lect. Ixi, pp. 289–293, 1 Wash. R. P., B. i, Ch. i, § 42. 301-305. 2 Wash. R. P., B. ii, Ch. ii, Sec. 1, §§ 5, 6; Ch. iii, Sec. 1, §§ 5, 6. CHAPTER IV. OF ESTATES IN REAL PROPERTY. § 64. Of the Attributes of Estates in Real Property. Estates in real property present five points for consideration: (1) The legal character of the estate itself; (2) The tenure by which such estate may be holden; (3) The time when such estate is to begin to be enjoyed; (4) The relations with other men into which the ownership of the estate brings the owner thereof; (5) The title by which such estate may be acquired. Read 2 Bl. Comm., p. 103. 1 Cruise Dig., Tit. i, § 11. § 65. Of Real and Personal Estates in Real Property. Estates in real property are of two kinds : Real and Personal. A real estate in real property is such an interest therein as, in contemplation of law, is permanent and without end. A personal estate in real property is such an interest therein as, in contemplation of law, is not permanent and without end. Read 2 Bl. Comm., pp. 103, 386. 1 Cruise Dig., Tit. i, §§ 12-14; Tit. viii, Ch. i, §§ 25, 26. 2 Kent Comm., Lect. xxxv, p. 342. Will. R. P., pp. 8, 9. 1 Wash. R. P., B. i, Ch. iii, §§ 9-11. § 66. Of Ancient Manors. A real estate in real property is also called a freehold. Under the feudal system, a large proportion of the lands of England were held in what were known as baronies or manors. A manor was a more or less extensive tract of land, granted by the crown to some feudal lord, and occupied by him with his freemen and his serfs. One part of this land was reserved for the private use of the lord himself. Another part was granted out in separate holdings to the freemen. A third part was inhabited by the serfs or villeins; and the remainder, usually the poorest portion and called the waste, was enjoyed by all, in common, for the gathering of wood or turf, or for the pasturing of cattle. The rights of the various inhabitants of the manor in this fourth portion, or waste, were among the principal incorporeal hereditaments then known to the law. Read 2 Bl. Comm., pp. 90-95. 1 Cruise Dig., Prelim. Diss. Ch. iii, §§ 32–43. 1 Wash. R. P., B. i, Ch. ii, § 23. § 67. Of Feudal Services. Each of these persons held his estate in subjection to some feudal superior. The lord held the manor, immediately or mediately, of the king, upon condition of rendering to him certain feudal services. The freemen held their lands of the lord upon the same condition. The serfs, or villeins, held their lands at the will of the lord, and rendered to him such services as he saw fit to require. Read 2 Bl. Comm., pp. 59-62, 90–95. 1 Cruise Dig., Prelim. Diss. Ch. i, §§ 14, 25, 53–55, 62; Ch. ii, §§ 2–14; Ch. iii, § 34. 3 Kent Comm., Lect. liii, pp. 487, 494–496. Will. R. P., pp. 111, 112, 323-325. 1 Wash. R. P., B. i, Ch. ii, §§ 13, 20, 26. |