The third and concluding book of Littleton's treatise deals mainly
with the various ways in which rights over land can be acquired and
terminated in the case of a single possessor or several possessors.
This leads him to discuss the various modes in which several persons
may simultaneously have rights over the same land, as
parceners:--daughters who are co-heiresses, or sons in gavelkind;
joint tenants and tenants in common. Next follows an elaborate
discussion upon what are called estates upon condition--a class of
interests which occupied a large space in the early common law, giving
rise on one side to estates tail, on another to mortgages. In
Littleton's time a mortgage, which he carefully describes, was merely
a conveyance of land by the tenant to the mortgagee, with a condition
that, if the tenant paid to the mortgagee a certain sum on a certain
day, he might re-enter and have the land again. If the condition was
not fulfilled, the interest of the mortgagee became absolute, and
Littleton gives no indication of any modification of this strict rule,
such as was introduced by courts of equity, permitting the debtor to
redeem his land by payment of all that was due to the mortgagee
although the day of payment had passed, and his interest had become at
law indefeasible. The remainder of the work is occupied with an
exposition of a miscellaneous class of modes of acquiring rights of
property, the analysis of which would occupy too large a space.
The work is thus a complete summary of the common law as it stood at
the time. It is nearly silent as to the remarkable class of rights
which had already assumed vast practical importance--equitable
interests in lands. These are only noticed incidentally in the chapter
on "Releases." But it was already clear in Littleton's time that this
class of rights would become the most important of all. Littleton's
own will, which has been preserved, may be adduced in proof of this
assertion. Although nothing was more opposed to the spirit of Norman
feudalism than that a tenant of lands should dispose of them by will,
we find Littleton directing by his will the feoffees of certain
manors to make estates to the persons named in his will. In other
words, in order to acquire over lands powers unknown to the common
law, the lands had been conveyed to "feoffees" who had full right over
them according to the common law, but who were under a conscientious
obligation to exercise those rights at the direction and for the
exclusive benefit of the person to whose "use" the lands were held.
This conscientious obligation was recognized and enforced by the
chancellor, and thus arose the class of equitable interests in lands.
Littleton is the first writer on English law after these rights had
risen into a prominent position, and it is curious to find to what
extent they are ignored by him.
Public-domain text, read in full here on John Shaqi.
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