The enforcement of a forfeiture for the breach of an express condition subsequent avoids the estate ab initio for most purposes, the grantor being in as of his original estate as if he had never parted with it.94 As a result of this rule, any estates or incumbrances created by the grantee or lessee on condition are rendered nugatory by such enforcement of forfeiture, or, in other words, all persons claiming under him are bound by the condition.95 The rule applies as against an assignee of an estate for years as of other estates, and he takes it subject to any conditions imposed in its creation, and is liable to be divested on the breach of any one of them;96 and it is immaterial, in this respect, whether the condition is for the performance of some covenant which touches the land and runs with it, or one which is wholly collateral!97 And so a subtenant is bound by a condition of the original lease.98 And a mortgage,99 or other lien,1 subsequently created, is absolutely divested upon the enforcement of the condition.

88. Knight's Case, 5 Coke, 55b. Such was the effect, before the statute of Henry 8th, of a transfer of the lessors entire reversion, "for if the lessor might enter, then he ought to be in his former state, etc., and this may not be, because he has aliened from him the reversion." Litt. Sec. 347.

89. Co. Litt. 215a; Dumpor's Case, 4 Coke, 119b; Lee v. Arnold, 4 Leon. 27; Winter's Case, 3 Dyer, 308b; Cruger v. McLaury, 41 N. Y. 219.

90. Piggott v. Middlesex County Council (1909) 1 ch. 134.

91. Ante Sec. 53 (c).

92. Co. Litt. 215a; Wright v. Burroughes, 3 C. B. 685.

93. Fenn v. Smart, 12 East, 444; Watson v. Smith, 180 111. App. 289; Trask v. Wheeler, 7 Allen (Mass.) 109; Small v. Clark, 97 Me. 304, 54 Atl. 758; Godwin v. Harris, 71 Neb. 59, 8 Ann. Cas. 579, 98 N. W. 439.

94. Co. Litt. 202a, where some few exceptions are mentioned. In the case of a forfeiture for breach of an implied condition at common law, the feoffor recovered the land subject to incumbrances imposed by the feoffee. Co. Litt. 233b.