Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-04-28

cd This being tho ease the entire estate (thc fee pos
session. and use is absolutely vested in the artificial
gwen in the charter. The freehold estate exists in no
natural person. nor rs there any share, interest r.rersio
OF ,emat'aer OF estate to The land remaining WITH
vested IN any one stakeholder.
no stakeholder can therefore be said to be possess.
ed OF . an estate OF freehold in Qhis) land" Nor in
any part thereof The freehold is one and indv;s,il
IN the corporate body and can be maintained defended
or aiienacd alone by the proper oicrr or officers of the
body All the interest the stakeholder has is prcunia
~ one lie may MAINTAIN, defend or sell his scrip or
Tue right to las shares OF stock But he neither
maintain an action for the land, for injuries done to
~ nor convey any right To- interest in The said land
any such conveyance would be- void
think the would not bc altered if the stock was
aeclared rodt estate and made To descend the
The stock scrip, the only thing of which the holder
couu Dc possessed, could not with propriety be said
TO be land For injury 10 il would not be irespass
nor could the right to scrip stock be tried Ejsci
or by "rif ~ Right, the ordinary forms of action To
1eyre me possession and right of freehold estates
land The holder of such scrip declared real estate
eo1id not therefore be possessed Of san of free
land warrant is personal estate until an entry or To-
cation IL is then made real este and will descend
inc heir; but IL the entry be Withdrawn or vacated il
again becomes personal estate But no one ever thought
OF voting on land warrant until after survey of the
entry, ana dctuat possession. The citizens OF the an
cent districts OF West Augusta and Kentucky, and tho
counties OF F1ncastlc, fOhogania, and many others
were permitted by law TO on their surveys after
being in possession of the lands twelve months.
These were good irecholds and the tenants mioht
have maintained and defended their possessions al.
though they had no grants They were, nevertheless,
tenants of the fee
1t quite obvious, that the possession of a thing de-
clared ro estate by the Legislature does not constitute
San estate of free hold in land " unless il he inst such n
tning as would have constituted such estate the
ou1puoh oil the Constitution. Slaves, horses mules,
ana asses may he declared estate yet they could
WITH ProPret be said 10 be land; could The holder
considered as possessed of estate of freehold in
land he could not therefore, vote
understand, that the advocates of this new scheme
OF Suffrage nave calculated that upon dissolution of
OF these corporations, the lands and houses will give
dividend of at least S67 each share-hat alt6ough
the shares arc now personal estate by aw-upon such
dissolution and division the land will rerer TO- or re-
d" 'ci" man as real oStnto; and that they have r0t
doio to vote as rorerSiOcrS rcmaidor-inen This is
rounded upon an entire nilsapprelersion of what re-
ccrS'Oa reminder is. in law have before stated
that the entire estate in the land held by the
on vested in it, and that share interest rercrsion
or remainder of such estate title is vosied in
any of the stockholders in their individual character
now Is II possible iorany OF them TO say, that yloy are
entitled to land out of the proceeds OF corporation
winch is bound by law to wind up concerns ~ v,n
tne, ny sale probably, of every thing, and division
IN money! Even If the position had any foundation in
law the expectation of dividend in land is ouite too
remote Each Stakeholder might just IS well claim in
his own right, the bonds and notes of the CORPORATION
as the lands But the words of the Constitution admit
OF no Doubt Every such citizen being entitled TO re-
version or vested remainder Fee expectant on an
Tor me- or lives In land 1t would be sufficient here to
call the attention of the Lawyer the fact that there is
not any one characteristic of rcrcrSiO or remainder n,
tdnd 10 be found connected with the nature of the stock
Judge blackstone definition of revcrson The resi-.
due OF an estate left in the granto commence in
session. alter the determination of particular estate
granted out by him" Thus, if shall grant an estate
IN land to and G, his wife, for the life of the survivor
oil ihem the reterst0a OF the fec still exists in A. and
ter the deaths OF and G, the possession shall fall to
or his heirs But, II shall grant an estate in land
70 hand c. has wife, for the life of the survivor with
REMAINDER n ice d. here will be entitled To vested
renain9er III 60" cxpectant on the lives of 3 and c.
anu - has For G is sad) the eesmple of all
fore possessed of the whole au IL ne VINO was be-
estate, and grants it away, whaevt- is not So graned
remains IN him. rerGrsi0n is never li,arcfSrc crr
atcd by deed writing but arises from consruc,;
- OF law remainder he limited unless : q,
either deed or devise But, both equally
able when actually vested-beng both estates in pre-
senti, though taking effect IN fas@ro'
From the very clear and uncquvocal terms of the Con-
stuton contingent rcmanders, and cxecutory deviscs
are entirely excluded until the estates are ''vesed
Neither Corporations aggregate, nor the members of
snch corporate bSlcs have voted even in England
SO idr Us am lhiormed by virtue OF stock held therein
KII.WARDEN