(q) Thus, he could not maintain an action of trespass without being actually in possession, for this action is grounded on the disturbance of the actual possession, which is evidently more than the Statute of Uses, or any other statute, can give. Gilb. Uses, 81 (135, 3rd ed.); 2 Fonb. on Equity, 12; Harrison v. Blackburn, 17 C. B. N. S. 678.

(r) Dyer, 229 a; Comyn's Digest, tit. Bargain and Sale (B. 1, 4); Gilb. on Uses and Trusts, 87, 271 (197, 475, 3rd ed.)

(s) Gilb. Uses, 62 (116,3rd ed.)

Statute of Uses,

Bargains and sales required to be by deed enrolled.

A loophole discovered in the statute.

Bargain and sale for a year.

(t) 27 Hen. VIII. c. 16.

(u) Gilb. Uses, 98, 296 (214, 502, 3rd ed.); 2 Sand. Uses, 63 (75, 5th ed.)

(v) Ante, p. 173

(x) Gilb. Uses, 104 (223, 3rd ed.)

(y) 2 Sand. Uses, 47 (57, 5th ed.)

Lease and release.

(z) 2 Prest, Conv. 219. (a) Sugd. note to Gilb. Uses, p. 328; 2 Prest. Conv. 231; 2

Fonb. Eq. 12.

(b) Sngd. note to Gilb. Uses, 229.

This cumbrous contrivance of two deeds to every purchase continued in constant use down to the year 1841, when the act was passed to which we have before referred (d), intituled "An Act for rendering a Release as effectual for the Conveyance of Freehold Estates as a Lease and Release by the same Parties." This act enacts that every deed or instrument of release of a freehold estate, or purporting or intended to be so, which shall be expressed to be made in pursuance of the act, shall be as effectual, and shall take effect as a conveyance to uses or otherwise, and shall operate in all respects, as if the releasing party or parties, who shall have executed the same, had also executed, in due form, a deed or instrument of bargain and sale, or lease for a year, for giving effect to such release, although no such deed or instrument of bargain and sale, or lease for a year, shall be executed. And now, by the act to amend the law of real property (e), a deed of grant is alone sufficient for the conveyance of all corporeal hereditaments.

Bargain and sale for a year must be in writing.

Act abolishing the lease for a year.

Act to amend the law of real property.

(c) Stat. 29 Car. II. c. 3; ante, p. 147.

(d) Stat. 4 & :> Vict. c. 21; ante, p. 172.

(e) Stat. 8 & 9 Vict. c. 106; ante, p. 173.

The legal seisin being thus capable of being transferred by a deed of grant, there is the same necessity now as there was when a feoffment was employed, that the estate which the purchaser is to take should be marked out(f). If he has purchased an estate in fee simple, the conveyance must be expressed to be made to him and his heirs; for the construction of all conveyances, wills only excepted, is in this respect the same; and. a conveyance to the purchaser simply, without these words, would merely convey to him an estate for his life, as in the case of a feoffment (g). In this case also, as well as in a feoffment, it is the better opinion that, in order to give permanent validity to the conveyance, it is necessary either that a consideration should be expressed in the conveyance, or that it should be made to the use of the purchaser as well as unto him (h): for a lease and release was formerly, and a deed of grant is now, as much an established conveyance as a feoffment; and the rule was, before the Statute of Uses, that any conveyance, and not a feoffment particularly, made to another without any consideration, or any declaration of uses, should be deemed to be made to the use of the party conveying. In order, therefore, to avoid any such construction, and so to prevent the Statute of Uses from immediately undoing all that has been done, it is usual to express, in every conveyance, that the purchaser shall hold, not only unto, but unto and to the use of himself and his heirs.

A conveyance might also have been made by lease and release, as well as by a feoffment, to one person and his heirs, to the use of some other person and his heirs; and, in this case, as in a similar feoffment, the latter person took at once the whole fee simple, the former being made, by the Statute of Uses, merely a conduit-pipe for conveying the estate to him (i). This extraordinary result of the Statute of Uses is continually relied on in modern conveyancing; and it may now be accomplished by a deed of grant in the same manner as it might have been before effected by a lease and release. It is found particularly advantageous as a means for avoiding a rule of law, that a man cannot make any conveyance to himself; thus if it were wished to make a conveyance of lands from A., a person solely seised, to A. and B. jointly, this operation could not, before the Statute of Uses, have been effected by less than two conveyances; for a conveyance from A. directly to A. and B. would pass the whole estate solely to B. (j). It would, therefore, have been requisite for A. to make a conveyance to a third person, and for such person then to re-convey to A. and B. jointly. And this was the method actually adopted, under similar circumstances, with respect to leasehold estates and personal property, which are not affected by the Statute of Uses, until an act was passed by which any person may now assign leasehold or personal property to himself jointly with another (k); but this act does not extend to freeholds. If the estate be freehold, A. must convey to B. and his heirs, to the use of A. and B. and their heirs; and a joint estate in fee simple will immediately vest in them both. Suppose, again, a person should wish to convey a freehold estate to another, reserving to himself a life interest, - without the aid of the Statute of Uses he would be unable to accomplish this result by a single deed(/). But, by means of the statute, he may now make a conveyance of the property to the other and his heirs, to the use of himself (the conveying party) for his life, and from and immediately after his decease, to the use of the other and his heirs and assigns. By this means the conveying party will at once become seised of an estate only for his life, and after his decease an estate in fee simple will remain for the other.