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of the grant of some part of what is granted in general terms, as for instance, a grant of a certain field, except the northwest acre. An exception is therefore always a part of the thing granted and is tangible.
A reservation is the creating out of the property granted, of some new incorporeal hereditament, such as a right of way for the benefit of the grantor.
SECTION 78. AMERICAN SYSTEM OF LAND PARCELING.
In order to secure a more scientific system of land division and description, the United States Government early adopted a uniform rectangular system of surveying the public lands of the United States. Under this system the public land of the United States when first surveyed, is intersected by principal meridians, running north and south, and base lines running east and west. Starting from these as a basis, the land is then divided into townships, six miles square;
ranges of townships being numbered east and west along the base lines and the numbers of the townships in the range north and south along the principal meridians. Under this system the township marked X in the following map would be described as township five, north, range three, west of the principal meridian.? 1 It has been held that where the
however, in such a case to have grant is of a specified quantity
the exception come before the of land, a similar specified
enumeration of quantity. quantity can not be excepted ; For a more detailed discussion from it. This question is a very
of the description of land, see technical one and not of very
the subject of Abstracts in this great importance. It is safer,
Each township is next divided into thirty-six sections, arranged and numbered as in the following map:
The sections are next divided into quarter sections of 160 acres each, which is the quantity generally transferred by the government in its grants. Provisions are made in the law for the correction of errors in the survey caused by the distance between the range lines growing smaller toward the north and for the surveying of fractional townships or sections, part of which are occupied by navigable lakes, streams, etc. The treatment of these provisions belong more properly to a book on surveying than on law.
SECTION 79. PLATS AND SUBDIVISIONS.
In the case of towns and cities a further division of the land is required for the purpose of conveyance and description. This is secured by means of plats and subdivisions. Under this system the owner of, say, the northeast quarter of section 16 in a certain township will have a map made of such quarter section platted off into blocks and lots. This map will be placed on record and a lot in such subdivision can be transferred by a description similar to the following: Lot 13, block 7, in William Smith's Subdivision of the northeast quarter section 17, township 13 south, range 8 east of the third principal meridian,
SPECIAL TOPICS IN REAL PROPERTY.
SECTION 80. CONTEST IN LEGAL HISTORY OF ENGLAND BETWEEN THOSE WHO DESIRED TO ALLOW AND THOSE WHO DESIRED TO PREVENT THE
ALIENATION OF REAL ESTATE.
One of the most interesting chapters in the legal history of England is the long contest between those who desired to keep the land mainly in a few noble families and to prevent its alienation, and those who desired to make land a free object of commerce.'
The first attempt to limit its alienation came in the form of the fee-conditional. This estate proving ineffectual to accomplish the desired purpose, it was abolished by the Statute of De Donis and the fee-tail substituted therefor. A little later a new method was devised of alienating estate in fee-tail by the means of fictitious suits known as fines, and common recoveries.
· For a detailed account of this
contest, see Appendix A to
Real Property. • Coke's Institute, Vol. II, p. 491.
(1) This, though a just description of fines, considered according to their original and still apparent import, yet gives a very inadequate idea of them in their modern application. In Glanvill's time they were really amicable compositions of actual suits. But for several centuries past, fines have been only so in name, being in fact fictitious proceedings, in order to transfer or secure real property, by a mode more efficacious than ordinary conveyances.
What the superiority of a fine in this respect consists of will best appear, by stating the chief uses to which it is applied. One use of a fine is extinguishing dormant titles by shortening the usual time of limitation. Fines, being agreements concerning lands or tenements solemnly made in the King's courts, were deemed to be of equal notoriety with judgments in writs of right; and therefore the common law allowed them to have the same quality of barring all, who should not claim within a year and a day. See Plowd., 357. Hence we may probably date though indeed, this recompense two parts perfectly distinct:
Spon the fee-tail becoming ineffectual for the purpose for which it was devised, some of the conveyancers of the days invented a new form of conveyance by which land was granted to the first taker for life with remainder to his heirs or remainder to the heirs of his body. The purpose of the inventors of this form of conveyance was defeated by the construction put upon
the origin and frequent use of heritance, alleging, that the fines as feigned proceedings.
tenant had deceised him, or at But this puissance of a fine was
least had come in under the taken away by the 34 E. 3, and
disseasor, or in the post. The this statute continued in force
tenant then calls on the retill the 1 R. 3, and 4 A. 7, which
mainder-man, or the person revived the ancient law, though
under whom he claims, to warwith some change, proclama
rant his title, which is denomtions being required to make inated vouching the person, fines more notorious, and the
who is thence called the vouchee. time for claiming being en
The vouchee either vouches larged from a year and a day to
over, or makes default. On five years.
default made, judgment is recovery is in
given that the demandant resome respects similar to a fine;
cover against the tenant, and for as a fine is the compromise
that the tenant recover against of a fictitious suit, so a recovery
the vouchee or warrantor, and is a fictitious suit brought
so on, which is called the recovagainst the tenant of the free
ery in value, or recompense, hold, and carried on to judg
and is always supposed to go as ment. 2 Bl. Com., 357; Shep.
the lands would have gone if Touch., 37. A common
they had not been recovered; covery generally consists of
is merely nominal, and, the 1st, of the recovery, which as
judgment to recover in value sumes all the forms of a real
is mere form. When the action, and is founded on the
præcipe is brought immedisupposition of an adverse claim;
ately against the tenant in tail, and 2dly, of the recovery deed,
it only bars him of the estates which is, in form at least, partly
of which he is then actually a preparatory step, to suffering
seized. Taltarum's case, 12 the recovery, and partly a
Ed., 4, 14; Pig. Rec., 9; Bro. declaration of the uses of the
Abr. Tail, 32. It is, therefore, recovery when suffered. Not
usual for him to convey an withstanding the recovery as
estate of freehold to another sumes the form of a real action,
person, that the præcipe may it is considered merely as a
be brought against such person common assurance, and the
(who is called the tenant to the courts take notice of it as such.
præcipe), and that such person See Pelham's case, 1 Co., 14,
may vouch the tenant in tail; b. 2, Bl. Com., 358, 359, Pig.
for if the tenant in tail comes Rec., 56; 1 Prest. Conv., 8.
in as vouchee, it bars every The person against whom the
latent right and interest which writ is brought is called the
he may have in the lands. If tenant; the person suing the
the præcipe be brought imwrit is called the demandant,
mediately against the tenant as he claims or demands the
in tail, and he vouch over the premises as his right and in
common vouchee, it is called