Butte record., 1854-08-05
CHAPTER rRon BLACKSTONE.

we commend the following "Chapter
from Blackstone on "Real Estate,D to
all our legal friends and "real estate"
buyers, and we rather surmise that our
other readers will find It's persuaI pleas
ant matter Punch had some papers of
a similar kind, a few years ago, but, if
we may be permitted 10 say 50, none
better than th:s
Blackstone divides Reality into three
geand divisions: Lands, Tenements,
and Heredi.a .aments.
Land is very comprehensive term,
including everything Of permanent,
substantial nature tenement" literal
ly means. anything that may he held !;
and therefore, if a man should catch
fox by the tail, he'd be tenement" as
long as he held him, but if he should
get away, in the eye Of the law he'd
probably be nothing but "thing in ac-
ton = rather li7ely action, too, Perha. 5,
especially if the dogs were after him.
"Hereditaments" are Of two kinds,
corporeal and incorpareal: corporeal,
are those visible, tangible objects in ma
ture that may be seen and felt, or as
Glanville has it, they are such las effect
the senses :" therefore Il a horse should
throw nan who should lignt on his
head and be stunned, that, according to
the books, is corporal hereditamsnt ;"
'incorporeal hereditaments issue out OF
the land ;" rem and profits come under
this head, and SO, we suppose would
fishing worms though the prophets that
ISSUED out Of the land Of Ju-ea" along
with Saul, would not come within the
definition b ut If man should catch his
eoa5-taI.n 2 nail, and '-eeaste d rent %
the nail being aauozel to .he freehold
and Issuing to Tar oul, " iul 1sotalF BE-
IN tail male, and the man would BE-
"remanded 10 ,he court below t5 have
his coat mended, the Devil sows tares.
Under the name Land is comprised
every thing upon the uriase OF the earth,
and under IT,, and water passes under
the name Of land, though we DON'T see
how q heavy ram, in any point Of view,
could be considered as Real Estate, and
practical difficulty would arise in con
veying a square acre of thunder-shower
by metes and bounds, though, since
Blackstone wrote, conveyance by water
Is very common occurrence.
Trees and growing crops belong TO
theland and pumpkins, being attached
to the Reality" 60 to the heir till they are
pulled up; and then they generally "go
to" the pigs; so, wheat and barley ''go
with the land, and so does the rye, un-
less it IS made into whisky, and then it
goes best with little wafer; 50 Of the
''standing corn" though we don't sup.
pose, that if the proprietor was drunk
for three weeks before he sold bis place.
it would be much standing corn as
that he would go to the first purchaser"
unless indeed he went to take a little
somtheing.
A man has fee" in land, when it
is given 10 g him and his heirs forever: ;,
but if he happens to have heirs, now it
goes to the King, who stands graciously
ready to nab any valuable corner lots.
when the proper population doesn't turn
up.
,'Our Bracton" says, that the word
"fee" is derived from the Saxon word
feud or fight, because all the tenants
used to be continually fighting for their
landlords and, in contemplation of law,
were supposed to be perpetually stand
ing outside the gate, armed and equip
ped, and ready for breeze at the short
est notice these were called "retain-
ers," hence, our term of Retainer so
that if John Doe retains A. B., cum
sellor-at-law, to defend him, at the suit
Of Richard Roe, the said A. B. is sup
posed to march about town, with band
ofmusic and a battle-axe, ready to tou-
zle, maui, and maltreat, the said John
Doe, to wit, at the county aforesaid
and probably takes dispositions in uni
form
"Estate for life is less estate than
a fee, and may be created by deed -
but you cannot create an estate by deed
for more than three lives, unles, perhaps,
one Of 'em should be a cats, and then,
it would probably extend to ten or
eleven
s.Cuortesy" is an estate for life, By
the act of the law !" though courtesies
are sometimes the acts of girls Cour-