upon ſuch a day, the whole eſtate granted ſhall determine;" and the like[1].
6. Next may follow the clauſe of warranty; whereby the grantor doth, for himſelf and his heirs, warrant and ſecure to the grantee the eſtate ſo granted[2]. By the feodal conſtitution, if the vaſal's title to enjoy the feud was diſputed, he might vouch, or call, the lord or donor to warrant or inſure his gift; which if he failed to do, and the vaſal was evicted, the lord was bound to give him another feud of equal value in recompenſe[3]. And ſo, by our antient law, if before the ſtatute of quia emptores a man enfeoffed another in fee, by the feodal verb dedi, to hold of himſelf and his heirs by certain ſervices; the law annexed a warranty to this grant, which bound the feoffor and his heirs, to whom the ſervices (which were the conſideration and equivalent for the gift) were originally ſtipulated to be rendered[4]. Or if a man and his anceſtors had immemorially holden land of another and his anceſtors by the ſervice of homage (which was called homage aunceſtrel) this alſo bound the lord to warranty[5]; the homage being an evidence of ſuch a feodal grant. And, upon a ſimilar principle, in caſe, after a partition or exchange of haids of inheritance, either party or his heirs be evicted of his ſhare, the other and his heirs are bound to warranty[6], becauſe they enjoy the equivalent. And ſo, even at this day, upon a gift in tail or leaſe for life, rendering rent, the donor or leſſor and his heirs (to whom the rent is payable) are bound to warrant the title[7]. But in a feoffment in fee by the verb dedi, ſince the ſtatute of quia emptores, the feoffor only is bound to the implied warranty, and not his heirs[8]; becauſe it is a mere perſonal contract on the part of the feoffor, the tenure (and of courſe the antient ſervices) reſulting back to the ſuperior lord of the fee. And in other forms of alienation, gradually introduced ſince that ſta-
