Of enfranchised copyholds.

Of leaseholds - freehold title must be produced.

(q) Sug. 436.

(r) See Dav. Concise Prec. 79.

(s) Ibid. 75, 79.

(t) Sug. 433: but as to cases where the enfranchisement has been under the general Act, 4 & 5 Vict. c. 35, see s. 64 of Act; et quaere.

(u) 1 Jarm. Conv. by S. 83.

(v) Fane v. Spencer, 2 Mer. 430.

(w) Souter v. Drake, 5 B. & Ad. 992; Hall v. Betty, 4 Man. & Gr. 410; Sug. 492.

(x) Purvis v. Rayer, 9 Pri. 488; see p. 522.

(y) Fane v. Spencer, 2 Mer. 430.

(z) Sug. 493.

Upon a sale of renewable leaseholds, if, (as generally happens,) the subsisting lease be expressed to be granted in consideration of the surrender of the prior lease, the abstract must show that the surrenderor was the equitable as well as the legal owner of the surrendered lease (b).

If the lease be held for lives, evidence must, of course, be given, that the lives are in existence; and this, although there be a covenant for perpetual renewal (c).

Upon a sale of shares in mines, the purchaser is not entitled to a regular abstract of title to the mines themselves, as if he were purchasing a share in the land in which they are worked, but he is entitled to such evidence of the constitution of the Company, and of the nature of the title under which the mines are worked, as will show that the subject-matter of the purchase is what it professes to be, and that the proposed form of transfer will give him a valid title to the shares (d).

Upon the sale of a messuage with pews claimed as appurtenant thereto, the right to the pews must be proved, either by the grant from the ordinary, or by evidence of prescription (e).

As to the commencement of the title, - Upon a sale of freeholds, or (it is conceived) of copyholds or renewable leaseholds, the title must go back at least sixty years (f).

Of renewable leaseholds.

Of leases for lives.

Of shares in mines.

Of pews.

Must extend over what period - sixty years.

(a) 1 Jarm. Conv. by S. 69.

(b) Coppin v. Fernyhough, 2 Bro. C. C. 291; Hodgkinson v. Cooper, 9 Beav. 304.

(c) Anderson v. Higgins, 1 J. & L. 718.

(d) Curling v. Flight, 2 Ph. 613; see 6 Ha. 41.

(e) As to which see a late case of Pepper v. Barnard, 7 Jur. 1128; 12 L. J., N. S. Q. B. 361.

(f) Cooper v. Emery, 1 Ph. 388; Hodgkinson v. Cooper, ubi supra.

The title to an advowson must be carried back at least one hundred years (g); and the abstract should be accompanied by a list of the presentations during the period over which it extends (h); the rule, it is conceived, is the same, whether the advowson be sold as in gross or appendant; for although a sixty years' title might be sufficient, if it could be shown that the advowson was in fact appendant to the principal estate, yet the purchaser, it may be contended, has a right to see that no severance of the appendancy is disclosed by the earlier title.

Upon the sale of a reversionary interest, whatever may be its antiquity, the abstract must go back sufficiently far to show its creation; and should also show that the estate has been enjoyed in possession, conformably with the instrument which created the reversionary interest (i): this, however, only applies to the sale of reversionary interests commonly so called, and not to the sale of an estate subject to an attendant term; in such a case it is sufficient to show a good sixty years' title to the freehold, and to the possession of the term, abstracting also the deed creating the term; and even if this be lost, the loss is said to be immaterial (j).

Upon the sale of an old term of years, it is sufficient if the abstract show the creation of the term and a sixty years' title to the possession, omitting the intermediate title; nor will the absence of the deed creating the term render the title unmarketable (k).

Upon the sale of tithes held as a lay property, or of any other property held, (as such tithes must be,) under a grant from the Crown, the abstract should set forth the original grant, and then, omitting intermediate instruments, take up the history so as to show a good sixty years' title (l); so, where the tithes are considered to have been merged by the tithe-owner under the late Acts, and the estate is sold as tithe-free, the early title to the tithes must be similarly deduced (m).

One hundred years on sale of advowson.

Must show creation of reversionary interest on sale thereof.

Showing sixty years' title to old term - whether sufficient.

On sale of tithes or other property derived from the Crown must show original grant.

(g) See 3 & 4 Will. IV. c. 27, s. 30. (h) Sug. 487. (i) 1 Jarm. Conv. by S. 61.

(j) 1 Prest. Abst. 249. (k) 1 Jarm. Conv. by S. 69; 1 Prest. Abst. 25, 249.

If the purchaser have agreed not to call for the legal estate, this will not shorten the period over which a title must be shown to the equitable estate; and it must also be shown that no adverse use can be made of the legal estate (n).