the warranting anceſtor; as, where a younger brother releaſed to his father's diſſeiſor, with warranty, this was collateral to the elder brother[1]. But where the very conveyance, to which the warranty was annexed, immediately followed a diſſeiſin, or operated itſelf as ſuch (as, where a father tenant for years, with remainder to his ſon in fee, aliened in fee-ſimple with warranty) this, being in it's original manifeſtly founded on the tort or wrong of the warrantor himſelf, was called a warranty commencing by diſſeiſin; and, being too palpably injurious to be ſupported, was not binding upon any heir of ſuch tortious warrantor[2].
In both lineal and collateral warranty, the obligation of the heir (in caſe the warrantee was evicted, to yield him other lands in their ſtead) was only on condition that he had other ſufficient lands by deſcent from the warranting anceſtor[3]. But though, without aſſets, he was not bound to inſure the title of another, yet, in caſe of lineal warranty, whether aſſets deſcended or not, the heir was perpetually barred from claiming the land himſelf; for, if he could ſucceed in ſuch claim, he would then gain aſſets by deſcent (if he had them not before) and muſt fulfil the warranty of his anceſtor: and the ſame rule[4] was with leſs juſtice adopted alſo in reſpect of collateral warranties, which likewiſe (though no aſſets deſcended) barred the heir of the warrantor from claiming the land by any collateral title; upon the preſumption of law that he might hereafter have aſſets by deſcent either from or through the ſame anceſtor. The inconvenience of this latter branch of the rule was felt very early, when tenants by the curteſy took upon them to aliene their lands with warranty; which collateral warranty of the father deſcending upon his ſon (who was the heir of both his parents) barred him from claiming his maternal inheritance: to remedy which the ſtatute of Gloceſter, 6 Edw. I. c. 3. declared, that ſuch warranty ſhould be no bar to the ſon, unleſs aſſets deſcended from the father. It was afterwards attempted in 50 Edw. III. to make the ſame pro-
