astos assignment

ther insists assignment be cancelled.

hue vile below does with apply - when landlord accepts read he carnar afterwards inforce the

car. not to a

assegi. lease. rent payable first of tactimo. tenant does not pny.

ther pays
then doesul

can landtors bring ejectment

an acquisiens its can't to un penalty without reasonable native to

vs. Bailey, 51 Superior, 244, following this theory and overlooking the next cited case. In England the law against maintenance prevented the re-entry by any assign of the grantor, but in Penna. there is no such fear of maintenance, and the law allows re-entry upon alleged forfeiture for condition broken by the grantor, his heirs or assigns: is heirs or as McKissick vs. Pickle, 16 Pa., 140; Sec. 346, post. The books distin guish conditions from limitations by saying that a grantor or his heirs alone can re-enter for breach of a condition, while any one in privity of estate may enter upon the expiration of a conditional limitation: 21 Corpus Juris, 930. In England formal re-entry was essential but in Penna. the act is not so important, especially if the grantor is in constructive possession: Scheaffer vs. Scheaffer, 37 Pa., 525.

கல்

SECTION 148. Conditions are precedent or subsequent. If conveyance provides that the estate is to vest upon the happening of some event which may be in violation of law or public policy it will not vest. Compare and distinguish Gunning's Est., 234 Pa., 139.

SECTION 149. If the condition subsequent is void the estate will be_absolute. Thus a conveyance of an estate in fee with a condition or restriction against alienation is so inconsistent with a fee that the condition is void and the conveyance will vest a fee absoluteжA par tial restriction, as a restriction upon alienation to a particular person, is valid: McWilliams vs. Nisly, 2 S. & R., 507, 513. In Pattin vs. Scott, 270 Pa., 49 (1921), the title was to pass in fee simple title to "Lou Anna Pattin and her heirs forever with this proviso that she

shall not have the right to sell and convey for a period of twenty-five in contradiction of

years". There was no devise or limitation over, nor any forfeiture

alienation within twe

upon alienation within the twenty-five year period. Lou Anna took a fee simple according to the elaborate opinion of the Chief Justice. Compare Sec. 343, post.

SECTION 150. As conditions in defeasance of an estate are "odious" the courts will refuse to enforce them where breach has been

acquiesced in for some time. A conveyance contained a condition against the sale of "spirituous or intoxicating drinks" upon the premises but, in an action of ejectment, relief was refused because such "drinks" had been sold for 14 years to the plaintiff's knowledge: Lehigh, etc., Company xs. Early, 162 Pa., 338.

SECTION 151. Conditions are to be distinguished from "reserva

The ju

денно

tions" and "exceptions" which will be considered later on in connec-
tion with the "parts of a deed." See Section 422, et seq., post.

SECTION 152. Conditions are to be distinguished from encum-
brances. "An encumbrance is every right or interest in the land which
may subsist in a person to the diminution of the value of the land but
consistent with the passing of the fee by the conveyance": Lafferty
vs. Milligan, 165 Pa., 537. Compare Section 450, post.

Liens and charges upon lands are encumbrances though every encumbrance is not necessarily a lien. A judgment is a lien and an encumbrance while an easement or way may be an encumbrance but not a lien.

836

abs.comvsyouca of equity

SECTION 153. Blackstone classifies estates held in living pledge,
vivum vadium, and in dead pledge, mortuum vadium, mortgage, allowance
estates upon condition, but with us mortgages are sui generis.

as

SECTION 154. "A living pledge, is where a man borrows a sum
of another, and grants him an estate to hold till the rents and profits
shall repay the sum so borrowed": 2 Blackstone, 157. In this event
the lender is strictly accountable for the rents, issues and profits and
is bound to exercise judgment in securing the best return from the prop-
erty without waste or prejudice to the value. In practice we do not
have "living pledges" except in substitution for or in lieu of other

sorts of transactions. Sometimes a debtor will make an assignment
of his property for the benefit of his creditors so that the assignee
will appropriate the profits to the payment of the assignor's debts.

In certain cases a mortgagee upon one of our usual mortgages will

enter upon the mortgaged premises and will hold until the rents and
profits shall repay the sum borrowed or until there is redemption:

See. 178, post. By one species of execution a sequestrator is appointed
to hold an estate--a life estate-until the net rents and profits shall

repay the life tenant's creditors (2 Purdon, 1572).

Blackstone (Vol. 2, pages 160, 161) mentions "estates by statute merchant and statute staple" and "estates by elegit". An execution creditor by a writ of liberari facias (Purdon under "Execution", 1564, Sec. 49 of Act of 1836) acquires real estate much as a tenant by elegit

68

of redemption."

3 3rd step

To cut down

z0yrs. equity allowed wilge. To file bill in eg. praying for averice of "closure of quit of redempor Vequity when I decreed this selling

a new dal

у

I mitgen dis

nal redeem then he lost the land. equity then ерит in

directed "sale" rather than have peop. becauce abs. wil