By act of parties.

CHAP. IV. must end before the expiration of the chattel interest. The former is strictly an assignment, the latter is a demise or underlease, which leaves the reversion in the grantor (r). If a termor for years makes a lease for a term exceeding his interest, it operates as an assignment, and he does not gain thereby any tortious reversion (s). In a recent case (t) it was held, that a demise by an assignee, of a part of the premises held by him, at a different rent payable to himself, and for a period longer than his own term, operates in law as an assignment. In that case, Tindal, C.J., delivering the judgment of the court, is reported to have said, "The question is, whether, if a lessee for ninety-nine years demises for a longer term, such demise operates in law as an assignment; and we entertain no doubt but that for a very long period, the law has been held that it has such operation, and may be so treated in pleading. The resolution of the court in Hicks v. Downing (u) is in point. So if a lessee for three years assigns his term for four years, or demises the house for four years, he does not by this gain any tortious reversion, and it does but amount to an assignment of his interest. See also the cases of Palmer v. Edwards (x) and Parmenter v. Webber (y)." It is to be observed, the decision in Baker v. Gostling (z) is not inconsistent with that in Wollaston v. Hakewill above mentioned; the plaintiff's right of action was there held to be founded on privity of contract.

An assignment may be denote the intention of the

effected by any words which parties to make one, though

(r) Palmer v. Edwards, 1 Dougl. 187, n.

(s) Hicks v. Downing, 1 Ld. Raym. 99; Bul. N. P. 106.

(t) Wollaston v. Hakewill, 3 M. & Gr. 297.

(u) 1 Ld. Raym. 99.

(x) 1 Doug. 187, n.

(y) 8 Taunt. 593; 2 Moore, 656.

(*) 1 Bing. N. C. 19.

By act of parties.

it was formerly held that the words "bargain and sell" CHAP. IV. were not sufficient to transfer the legal estate. A grant of the term or of the estate would be an effectual assignment (a). But a grant of the land, without words of limitation, is said to make the grantee only tenant at will (b). A grant by a lessee for life of all his estate, right, title, interest, &c. in the premises to one and his executors would not convey the freehold, and consequently would not amount to an assignment. An agreement to assign upon payment of a sum certain by instalments, the assignee to save the assignor harmless from liability to the lessor, and the assignor to re-enter on nonpayment of any of the instalments, was held to be an agreement for an assignment only and not an assignment (c).

Upon the assignment of remainders and reversions an expression of assent by the tenant was formerly required which was called his attornment. This is now rendered unnecessary by the statute 4 Anne, c. 16, s. 9, which enacts, "that all grants and conveyances shall be as valid as they would be with attornment, though the tenant is permitted to pay his rent as before until the grantee give him notice of his right." And by stat. 11 Geo. 2, c. 19, s. 11, attornments, made by tenants to strangers claiming title to the estates of their landlords, are made void; but there is a proviso excepting from the operation of that statute attornments made pursuant to, or in consequence of, some judgment at law or decree or order of a court of equity, or made with the privity and consent of the landlord or landlords, lessor or lessors, or to any mortgagee after the mortgage has become forfeited.

Assignment by operation of law is where the interest By operation in the premises is transferred under a writ of execution,

(a) 5 Co. 11 b.

(b) Earl of Derby v. Taylor, 1 East, 502.

(c) Hartshorn v. Watson, 5 Bing. N. C. 477; 7 Scott, 494; see also Groom v. Bluck, 2 M. & Gr. 567.

of law.

CHAP. IV. or by the bankruptcy, insolvency, marriage, or death of the party interested.

By operation

of law. Writs of execution.

By stat. 13 Edw. 1, c. 18, it is enacted, that "when a debt is recovered or acknowledged in the king's court, or damages awarded, it shall be in the election of him who sues for such debt or damages, to have a writ of fieri facias to the sheriff for levying the debt of the lands and chattels; or that the sheriff shall deliver to him all the chattels of the debtor, saving only his oxen and beasts of the plough, and a moiety of his lands, until the debt be levied by a reasonable price or extent; and if he be evicted he shall recover by writ of novel disseisin, and afterwards by writ of redisseisin, if there be occasion." Subsequently, by stats. 27 Edw. 3, c. 9, and 23 Hen. 8, c. 6, a creditor, by judgment or recognizance, was empowered to have execution of a moiety of the lands which the debtor had at the date of the judgment or recognizance. Trust estates were, by 29 Car. 2, c. 3, subjected to execution upon judgments against the cestui que trust, in like manner as if he had been seised of the legal estate.

And now by statute 1 & 2 Vict. c. 110, s. 11, it is enacted, “that it shall be lawful for the sheriff, or other officer, to whom any writ of elegit, or any precept in pursuance thereof, shall be directed, at the suit of any person, upon any judgment which at the time appointed for the commencement of this act shall have been recovered, or shall be thereafter recovered in any action in any of her majesty's superior courts at Westminster, to make and deliver execution unto the party in that behalf suing of all such lands, tenements, rectories, tithes, rents, and hereditaments, including land, and hereditaments of copyhold or customary tenure, as the person against whom execution is so sued, or any person in trust for him, shall have been seised or possessed of at the time of entering up the said judgment, or at any time afterwards, or over which such person shall at the time of entering

any

up such judgment, or at any time afterwards, have disposing power which he might without the assent of any other person exercise for his own benefit, in like manner as the sheriff or other officer may now make and deliver execution of one moiety of the lands and tenements of any person against whom a writ of elegit is sued out; which lands, tenements, rectories, tithes, rents and hereditaments, by force and virtue of such execution, shall accordingly be held and enjoyed by the party to whom such execution shall be so made and delivered, subject to such account in the Court out of which such execution shall have been sued out as a tenant by elegit is now subject to in a Court of equity: Provided always, that such party suing out execution, and to whom any copyhold and customary lands shall be so delivered in execution, shall be liable and is hereby required to make, perform, and render to the lord of the manor, or other person entitled, all such and the like payments and services as the person against whom such execution shall be issued would have been bound to make, perform, and render in case such execution had not issued; and that the party so suing out such execution, and to whom any such copyhold or customary lands shall have been so delivered in execution, shall be entitled to hold the same until the amount of such payments, and the value of such services, as well as the amount of the judgment, shall have been levied: Provided also, that as against purchasers, mortgagees, or creditors, who shall have become such before the time appointed for the commencement of this act, such writ of elegit shall have no greater or other effect than a writ of elegit would have had in case this act had not passed." By section 13, it is enacted, " that a judgment already entered up, or to be hereafter entered up, against any person in any of her majesty's superior courts at Westminster, shall operate as a charge upon all lands, tenements, rectories, advowsons, tithes, rents, and heredi

CHAP.IV.

By operation of law.

Writs of execution.

By operation of law.

Writs of execution.

CHAP. IV. taments (including lands and hereditaments of copyhold or customary tenure) of or to which such person shall at the time of entering up such judgment, or at any time afterwards, be seised, possessed, or entitled for any estate or interest whatever, at law or in equity, whether in possession, reversion, remainder, or expectancy, or over which such person shall at the time of entering up such judgment, or at any time afterwards, have any disposing power which he might, without the assent of any other person, exercise for his own benefit, and shall be binding as against the person against whom such judgment shall be so entered up, and against all persons claiming under him after such judgment, and shall also be binding as against the issue of his body and all other persons whom he might, without the assent of any other person, cut off and debar from any remainder, reversion, or other interest in or out of any of the said lands, tenements, rectories, advowsons, tithes, rents, and hereditaments; and that every judgment creditor shall have such and the same remedies in a court of equity against the hereditaments so charged by virtue of this act, or any part thereof, as he would be entitled to in case the person against whom such judgment shall have been so entered up had power to charge the same hereditaments, and had by writing under his hand agreed to charge the same with the amount of such judgment debt and interest thereon; provided that no judgment creditor shall be entitled to proceed in equity to obtain the benefit of such charge until after the expiration of one year from the time of entering up such judgment, or in cases of judgments already entered up, or to be entered up before the time appointed for the commencement of this act, until after the expiration of one year from the time appointed for the commencement of this act, nor shall such charge operate to give the judgment creditor any preference in case of the bankruptcy of the person against whom judgment shall have been entered up unless such judg