§ 97. Of Estates by Sufferance. An estate by sufferance is an estate which exists, by implication of law, in one who continues in wrongful possession of lands after the estate, by virtue of which he obtained rightful possession, has determined. Such estates are those of the tenant per auter vie, who holds after the death of cestui que vie; of a tenant for years or at will, whose possession continues after his estate has been determined; of undertenants, who occupy after the term of the original tenant has expired; of grantors, who agree to deliver possession by a day certain and neglect to do sc. These estates rest on no privity of contract or estate between the owner and the tenant. The tenant has no right to any notice to quit, but may be expelled at any moment by the entry of the owner, and, if so expelled between planting and harvest, has no right to the crops which may then be growing. Read 2 Bl. Comm., pp. 150, 151. 1 Cruise Dig., Tit. ix, Ch. ii. 4 Kent Comm., Lect. lvi, pp. 116-120. Will. R. P., p. 360. 1 Wash. R. P., B. i, Ch. xii, Sec. 1. CHAPTER VII. OF THE TENURE OF ESTATES IN REAL PROPERTY. § 98. Of Feudal Tenures. The feudal relation, subsisting between the lord of the manor and his tenant, was known as tenure. Anciently all estates were conditional, being held upon condition of performing certain services or rendering certain tribute. Tenures were of various kinds, differing according to the nature of the conditions imposed upon the tenant, and the legal dignity of his estate. With the decay of the feudal system, however, many of these forms of tenure disappeared, and, with one exception, all lay freehold tenures were abolished by the statute 12 Charles II. Read 2 Bl. Comm., pp. 44-102. 1 Cruise Dig., Prelim. Diss. 3 Kent Comm., Lect. liii, pp. 487-509. Will. R. P., pp. 108-122. 1 Wash. R. P., B. i, Ch. ii. § 99. Of Tenures in the United States. In this country, tenure, in the feudal sense, never has been recognized. There is here no feudal superior, to whom service is to be rendered or tribute paid. In nearly all the States tenure is allodial (from al, the whole, and od, ownership), and the holder of an estate has the entire ownership thereof residing in him. Conditional estates indeed exist, and are both numerous and important; but the conditions originate in some contract between the parties, not in any feudal relation, and characterize or qualify the existence of estates, and not the tenure by which they are held. Read 3 Kent Comm., Lect. liii, pp. 509–514. 1 Wash. R. P., B. i, Ch. ii, § 98. 100. Of Absolute and Conditional Estates. Estates, as to the right of the holder thereof to their existence, are of two kinds: Absolute and Conditional. An absolute estate is an estate whose existence is independent and unqualified. A conditional estate is an estate whose existence depends upon the happening or not happening of some uncertain event. Read 2 Bl. Comm., p. 152. 2 Cruise Dig., Tit. xiii, Ch. i, §§ 1, 2. 4 Kent Comm., Lect. lvii, p. 121. § 101. Of Express and Implied Conditions. Conditions qualifying the existence of estates are, as to their origin, of two kinds: Implied and Express. An implied condition is such as the law annexes to the existence of certain estates. An express condition is one which is stated, in so many words, in the grant by which the estate is created. Read 2 Bl. Comm., pp. 152-154. 2 Cruise Dig., Tit. xiii, Ch. i, §§ 3-5. § 102. Of Precedent and Subsequent Conditions. Conditions qualifying the existence of estates are, as to their effect, of two kinds : Precedent and Subsequent. A condition precedent is one which must be fulfilled before an estate can come into existence. If such a condition be impossible, or unlawful, it can never be fulfilled, and the estate can never vest in the grantee. A condition subsequent is one whose fulfilment will defeat an estate already vested. If such a condition be impossible, or unlawful, the estate can never be defeated. An estate in fee-tail is an instance of an estate upon condition precedent, being an estate for life, conditioned to become an estate in fee upon the birth of heirs capable of inheriting. An estate in mortgage, which is an estate created in favor of the holder of an obligation and conditioned to become void upon the performance of such obligation, is an instance of an estate upon condition subsequent. Read 2 Bl. Comm., pp. 154-162. 2 Cruise Dig., Tit. xiii, Ch. i, §§ 6, 7; Tit. xv, Ch. i, § 11. 4 Kent Comm., Lect. lvii, pp. 124-126, 130-133; 2 Wash. R. P., B. i, Ch. xiv, §§ 2, 4–9. § 103. Of Conditional Limitations. Similar to a condition subsequent is a conditional limitation, which is a qualification annexed to an estate, and with the cessation of which the estate also ceases. It differs from a condition proper in this: that the fulfilment of the condition proper does not defeat the estate unless the person, in whose favor it is to be defeated, so elect; while, in a conditional limitation, the cessation of the qualification, ipso facto, determines the estate. An estate, granted to a woman, as long as she remains unmarried, is an instance of a conditional limitation. Read 2 Bl. Comm., pp. 155, 156. 2 Cruise Dig., Tit. xiii, Ch. ii, §§ 67-69; Tit. xvi, Ch. ii, §§ 30-33. 4 Kent Comm., Lect. lvii, pp. 126-129. 2 Wash. R. P., B. i, Ch. xiv, §§ 27-31. § 104. Of the Transfer of Conditional Estates. Any kind of an estate in real property may be granted subject to a condition, and will thenceforth remain subject thereto, notwithstanding any alienation or descent of the estate. Read 2 Bl. Comm., pp. 109-111, 152. 2 Cruise Dig., Tit. xiii, Ch. i, § 9. |