USES-continued.

not binding on alienee for valuable consideration without notice,
33, 241 n. (44).

but binding on a gratuitous transferee, 35.

not binding on strangers entering adversely, ib.

nor on the lord entitled by forfeiture or escheat, ib.

nor on the reversioner entering for condition broken, ib.

injurious to the seigniory, 37.

condition of, under an appointment, 271 n. (57).

Under the statute of, 27 Hen. 8, c. 10, 38.

probable design of the statute, ib.

did not destroy equitable interests, 39.

did not extend to leaseholds for years, 40.

operated on passive and resulting, but not on active or con-

structive uses, 41.

turns the use into a legal right, 42.

narrow construction of, adopted by the judges, ib.

use upon a use, how construed, ib.

effects of this construction, 43.

statute operates only on the first use, ib. 44.

may be created by any form of words, 45.

how a limitation is ascertained to be a use within the statute, 46.
distinction between uses beneficial, uses not beneficial, and trusts,
ib. 47.

on limiting a use not beneficial a trust arises, 47.

uses have lost their equitable and assumed a legal character, ib.
scintilla juris, doctrine of, 48, 49, 50.

combated, 51, 52, 53, 70, 71.

future and contingent uses described, 49.

how they took effect before the statute, ib.
difficulties concerning them after the statute, ib.
operation of statute on future and contingent uses, 52.
turned them into legal rights, ib.

powers not distinguishable from shifting and contingent uses, 54.
(See POWERS.)

changes in the modification of the legal ownership introduced by
the statute, 56.

shifting destinations forbidden at the common law, may be effected
by way of use, ib.

enumeration of objects attainable under the statute of uses, but
not at common law, 76.

seisin to serve uses, 241 n. (44).

executory uses, 246 n. (47).

classification of uses into vested, contingent and executory, ib.
contingent and executory uses take effect by divesting the vested
fee, ib.

resulting uses on assurances under 3 & 4 Will. 4, c. 74, 371
n. (142).

VENDOR,

V.

compellable to produce all the evidence of title in his possession;

156.

VOLUNTARY SETTLEMENTS,
doctrine of, 239 n. (42).

recent decisions upon, 240, ib.

W.

WARRANTY, 148.

its operation as a bar to the issue in tail and remainder men
abolished, 91.

its operation to defeat a right of entry or of action abolished, 147.
writ of warrantia chartæ abolished, 201 n. (14).

WASTE, 211 n. (24); 248 n. (48).

WILL. (See TESTAMENTARY DISPOSITION.)

constructive, revocation of, by mortgage, 343 n. (125).

WITNESS,

better to have only one witness to a deed, 200 n. (13).

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