TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD the above granted premises unto the said party of the second part, his heirs and assigns forever. AND the said Henry L. Wilde, party of the first part, does covenant with the said party of the second part as follows: First-That Henry L. Wilde, the party of the first part, seized of the said premises in fee simple and has good right to convey the same. Second-That the party of the second part shall quietly enjoy the said premises. Third-That the said premises are free from incumbrances. Fourth-That Henry L. Wilde, the party of the first part, will execute or procure any further necessary assurance of the title to said premises. Fifth-That Henry L. Wilde, the party of the first part, will forever warrant the title to said premises. IN WITNESS WHEREOF, the said party of the first part has hereunto set hand and seal the day and year first above written. HENRY L. WILDE, [SEAL.] On this 14th day of May, in the year of our Lord one thousand nine hundred and nine, before me, the undersigned, personally came and appeared HENRY L. WILDE, to me known, and known to me to be the individual described in, and who executed the within Instrument, and he acknowledged to me that he executed the same. [Notarial Seal.] JAMES ROSSSITER, 473. Involuntary alienation. The important involuntary methods by which titles are alienated are by (1) escheat, (2) accretion, (3) estoppel, (4) prescription and (5) adverse possession. A title escheats to the state when the owner dies without leaving heirs capable of inheriting it. A person loses title by estoppel when he is precluded by his own acts or representations from asserting his right or interest as against the third claimant. Title to incorporeal hereditaments may be acquired by prescription by one who has a continued peaceable and uninterrupted enjoyment of such an incorporeal right for a set period, usually twenty years. This possession or enjoyment must also be adverse to a right of the owner of the title. It is based on the presumption that a person who has been thus enjoying the right for twenty years had one time received a grant of it. Adverse possession is in almost all respects similar to prescription, but applies to corporeal hereditaments instead of incorporeal hereditaments. 474. Legal and equitable estates.-The owner of real property ordinarily is entitled to all the benefits he can derive therefrom. But in some cases it is found expedient to have the legal title in one person and the beneficial interest in other persons. This beneficial interest is then known as an equitable or trust estate. EXAMPLE The following two paragraphs are taken from the will of Marcus Daly: I give, devise and bequeath to my wife one-third of all my property, real and personal, the same to be in lieu of all dower and rights of succession, and I hereby appoint her the executor of this will. I direct that my said executor divide the remaining two-thirds of my estate into four equal shares, and I give, devise and bequeath said shares to her to be held by her in trust for the benefit of my children, one share for each child, to pay the income of each child's share to that child until he or she attains the age of thirty years, and then to pay over to that child the principal of such share. During the minority of any child such portion of the income of that child's share is to be used by my executor for that child's support, maintenance and education as she deems best, and the remainder of such income is to be accumulated with or without interest until majority, and my said executor shall not be held accountable for any failure to obtain interest on such accumulations. In the above will it should be noticed that the wife obtains the legal estate in one-third of the testator's property and becomes entitled to the beneficial interest as well. In the other two-thirds she obtains the legal estate, but the beneficial interest goes to the children. As to these two-thirds, the wife is the trustee and the children are the cestuis que trustent. 475. Lands, tenements and hereditaments.-Land embraces whatever is part of the earth, whatever is affixed thereto, whether by nature or by man, and all the space beyond and the earth beneath. One may trespass on another's property by flying over it in an aeroplane or by digging deep into his own property and then tunnelling under his neighbor's, for ownership extends from the surface indefinitely upwards and to the center of the earth. The word tenements is broader than the word land and includes it. It embraces practically all the forms of real property, including easements, rent charges, rights in common, etc. The word hereditament is a very broad term and signifies everything that may be inherited from an ancestor by an heir. In the United States heirlooms which are the principal objects included in hereditaments besides some forms of interest in land, are not recognized, and for that reason, hereditaments and tenements are almost equivalent terms. EXAMPLE 397. A grants B a right of way over A's land to continue during B's life only. This is a tenement and not a hereditament, since it cannot descend to the heirs of B. Hereditaments are corporeal or incorporeal, the former being tangible or cognizable by the senses, and the latter being not cognizable by the senses, but in some way concerned with corporeal property. The principal incorporeal hereditaments are rents, franchises, easements and profits a prendre. Rent is the right to a certain profit issuing periodically out of lands or tenements, the most common example being a landlord's right to collect compensation for his tenants' use of leased premises. Franchises are special rights or privileges conferred upon persons by the government, which rights do not, generally, belong to the citizens of the country. The common examples are the right to operate a ferry or railroad, the right to build a bridge and the right to be a corporation. An easement is the right which the owner of one piece of land has over another piece of land. The most familiar example of this right is the ordinary right of way over adjacent property. A profit a prendre is the right of one person to take something of value from the land of another. The best illustrations of this right are mining rights, grazing rights and rights to cut or remove timber. 476. Mines and minerals.-Gold and silver mining lands, by the common law of England belong to the Crown, but in this country are usually the property of the owner of the land on which they are found. The United States government has passed statutes permitting the ownership of the right to take gold or silver from public property by one discovering the minerals, locating them and performing manual labor. A miner may go still further and obtain title to the land by entering his claim and procuring a patent from the United States by purchase. In practice, the discovery is known as staking a claim, because the miner, upon discovering valuable minerals signifies the discovery by erecting a stake or other convenient object and posting a notice upon it. Mines may be divided into two classes: lode and placer. A lode is a stratum in which the mineral is deposited, while the word placer denotes land in which the minerals are not fixed in place, but are found in a loose state. The United States statutes permit the location by one person of a lode 1500 feet long and 600 feet wide, and each locator of a placer may mark off a plot not exceeding 20 acres in area. The statutes provide that $100 worth of labor shall be performed to maintain a claim during each year upon pain of forfei ture. Certain other requirements are made by the statutes such as that a locator must be a citizen of the United States, or one who has duly declared his intention of becoming a citizen. 477. Water rights.-Water rights are divided into three classes: (1) Those associated with natural and well-defined streams, (2) those associated with surface waters not well-defined, and (3) those associated with percolating or subterranean waters. The rule in most states is that owners of land whose title extends to the high water mark on navigable streams cannot legally be deprived of the reasonable enjoyment of the waters in front of their properties, but in New Jersey and a few other states it is held that objects may be placed below the high water mark of navigable streams so as to cut off riparian owners. The eastern states usually hold that a navigable stream is one in which the tide ebbs and flows, while the western states generally treat rivers as navigable in law when they are so in fact, regardless of the tide. In most jurisdictions, the state is the owner of lands below the high water mark of navigable waters and holds such lands in trust for the people. When a stream is not navigable the bed usually belongs to adjacent owners. 478. Ownership of land under and near water.-Ownership of land under water does not constitute ownership of the waters. The owner of land situated under and adjacent to a stream, can require up-stream owners to permit the stream to flow over or through his land in its natural bed, unpolluted and substantially in undiminished quantity. These rights may be modified by contract or by prescriptive titles or privileges, and in some states are controlled to a large extent by statute. In the West, for example, where streams are important |