The abstract must always commence with a document, of at least the requisite age, if the vendor have one (o); but neither can a purchaser require, nor would the vendor's solicitor be justified in furnishing, an abstract of deeds prior in date to that which would constitute a good root of title (p): the purchaser, however, may require the production of every document in the vendor's possession, however ancient (q).

As a general rule, the first abstracted documents should purport to deal with the entire legal and equitable estates in the property, or should at least afford prima facie evidence that the title to such legal and equitable estates was, at the date of such documents, consistent with the title as subsequently deduced: they should not be dependent for their validity upon any previous instrument: and should contain nothing raising a fair doubt whether the parties claiming the interests there purported to be dealt with, were in fact entitled so to deal with them.

Rules not altered by the estate being merely equitable

Must if possible commence with a document; old deeds not to be abstracted: but must be produced if in vendor's possession.

Must commence with what description of document as a root of title.

(l) 1 Jarm. Conv. by S. 68 487.

(m) Ibid, (n) Sug. 495.

Sug. (o) 2 Sug. V. and P. 138,10th ed.

(p) Sug. 432. (q) 1 Jarm. Conv. by S. 63.

Thus, a general devise in a will of real estate is an insufficient root of title; there being nothing to show that the property in question was intended to, or could, have passed by it; the conveyance to the testator should be abstracted; or, if there are no earlier deeds, evidence should be furnished of his seisin at the date of his will: and even a specific devise is not an eligible root of title.

Thus also, it is conceived, a mortgage for a term of years, or a lease, is an improper commencement of an abstract of title to the fee simple, where the vendor has earlier documents; unless, perhaps, in cases where, independently of the mere fact of the demise, (which might be attributed to a power, or to a mere chattel interest in the grantor,) the instrument contains matter which furnishes a fair presumption that he was the absolute owner in fee. A vendor, however, in possession of earlier documents, could not be advised, (except under very special circumstances,) to commence his abstract with a lease; as it would almost inevitably lead to expensive discussions with the purchaser. And where a lease is relied on, it is necessary, unless it expired before the time of living memory, to show that the lessee had actual possession of the estate (r).

Thus also, an instrument relied upon as an exercise of a power should be preceded by the instrument creating the power; and the admittance to copyholds should be preceded by the surrender; and a recovery deed by the deed creating the entail (s).

"If, however, such deed is lost, and possession has gone along with the estates created by the recovery for a considerable length of time, and the presumption is in favour of the recovery having been duly suffered," the loss of the deed, and want of evidence of its contents, are no objection to the title (t), and the same principle would probably apply in the absence of a deed creating a power (u).

Not with will containing general devise.

Whether with mortgage for a term - or a lease.

Nor with instrument dependent for its validity on previous instrument.

Except in certain cases - loss of prior instrument.

(r) Clarkson v. Woodhouse, 5 Durn. & E. 412; Burt. Comp. pl. 428.

(s) 1 Jarm. Conv. by S. 67.

So, if the first abstracted document contain recitals or other matter throwing a reasonable doubt upon the title as respects the contents or construction of the earlier documents, the purchaser may require the vendor, not only to produce, but also to abstract, so much of the prior title as may be sufficient to remove such doubt; but, in the absence of such reasonable doubt, the mere fact of earlier documents being recited would not entitle the purchaser to an abstract of them, although he may require their production if in the vendor's possession or power (v); and it is sufficient to produce (without abstracting) an instrument which is required simply "to establish a fact or negative an inference" (w).

It is not essential that the origin of the title should be shown either by deed or will: in the absence of documents it may be sufficient to produce evidence of such long uninterrupted possession, enjoyment, and dealing with the property, as to afford a reasonable presumption that there is an absolute title in fee simple (of). But the proof of title by evidence of possession is not admissible in cases where documents forming part of the modern title are lost or destroyed; in such cases the vendor must prove their contents and execution (y).

The title, wherever taken up, should be thence continued either in chronological or some other regular order: where separate parts of the estate are held under separate titles, such titles should, of course, be traced separately so long as they remain distinct: every subsequent document dealing with the legal estate, (except expired leases, and with the exceptions already referred to (z),) should be abstracted; for instance, a mortgage and reconveyance are not to be suppressed under the notion that the title has been thereby brought back to its original state; such may, or may not, have been the case; and is a point to be determined by the advisers of the purchaser, not of the vendor: all documents forming part of the title should be abstracted in chief; the introduction of them merely as recitals in other abstracted instruments, (which is not uncommon, especially in the ease of wills,) is, it is apprehended, clearly improper; were it not so, a copy of the conveyance to the vendor might, in many cases, take the place of an abstract: besides which, the omission to abstract a document in chief may proceed from a desire to avoid noticing matters of a suspicious character occurring in such document, but which are not noticed in the recital: it is convenient to introduce, in their proper places, direct statements of deaths, marriages, and other matters of pedigree; and not, as is frequently done, to trust to the recitals in the abstracted documents; and in cases of complicated descents, etc, a regular pedigree should accompany the abstract.