The book is written on a definite system, and is the first attempt at a
scientific classification of rights over land. Littleton's method is to
begin with a definition, usually clearly and briefly expressed, of the
class of rights with which he is dealing. He then proceeds to illustrate
the various characteristics and incidents of the class by stating
particular instances, some of which refer to decisions which had
actually occurred, but more commonly they are hypothetical cases put by
way of illustration of his principles. He occasionally refers to
reported cases. His book is thus much more than a mere digest of
judicial decisions; to some extent he pursues the method which gave to
Roman law its breadth and consistency of principle. In Roman law this
result was attained through the practice of putting to jurisconsults
hypothetical cases to be solved by them. Littleton, in like manner, is
constantly stating and solving by reference to principles of law cases
which may or may not have occurred in actual practice.
In dealing with freehold estates Littleton adopts a classification
which has been followed by all writers who have attempted to
systematize the English law of land, especially Sir M. Hale and Sir
William Blackstone. It is indeed the only possible approach to a
scientific arrangement of the intricate "estates in land" known to
English law. He classifies estates in land by reference to their
duration, or in other words by reference to the differences between
the persons who are entitled to succeed upon the death of the person
in possession or "tenant." First of all, he describes the
characteristics of tenancy in fee simple. This is still as it was in
Littleton's time the largest interest in land known to the law. Next
in order comes tenancy in fee tail, the various classes of which are
sketched by Littleton with brevity and accuracy, but he is silent as
to the important practice, which first received judicial recognition
shortly before his death, of "suffering a recovery," whereby through a
series of judicial fictions a tenant in tail was enabled to convert
his estate tail into a fee simple, thus acquiring full power of
alienation. After discussing in their logical order other freehold
interests in land, he passes to interests in land called by later
writers interests less than freehold, namely, tenancies for terms of
years and tenancies at will. With the exception of tenancy from year
to year, now so familiar to us, but which was a judicial creation of a
date later than the time of Littleton, the first book is a complete
statement of the principles of the common law, as they for the most
part still exist, governing and regulating interests in lands. The
first book concludes with a very interesting chapter on copyhold
tenures, which marks the exact point at which the tenant by copy of
court roll, the successor of the villein, who in his turn represented
Public-domain text, read in full here on John Shaqi.
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