viſion univerſal, by enacting that no collateral warranty ſhould be a bar, unleſs where aſſets deſcended from the ſame anceſtor[1]; but it then proceeded not to effect. However, by the ſtatute 11 Hen. VII. c. 20. notwithſtanding any alienation with warranty by tenant in dower, the heir of the huſband is not barred, though he be alſo heir to the wife. And by ſtatute 4 & 5 Ann. c. 16. all warranties by any tenant for life ſhall be void againſt thoſe in remainder or reverſion; and all collateral warranties by any anceſtor who has no eſtate of inheritance in poſſeſſion ſhall be void againſt his heir. By the wording of which laſt ſtatute it ſhould ſeem, that the legiſlature meant to allow, that the collateral warranty of tenant in tail, deſcending (though without aſſets) upon a remainder-man or reverſioner, ſhould ſtill bar the remainder or reverſion. For though the judges, in expounding the ſtatute de donis, held that, by analogy to the ſtatute of Gloceſter, a lineal warranty by the tenant in tail without aſſets ſhould not bar the iſſue in tail, yet they held ſuch warranty with aſſets to be a ſufficient bar[2]: which was therefore formerly mentioned[3] as one of the ways whereby an eſtate-tail might be deſtroyed; it being indeed nothing more in effect, than exchanging the lands entailed for others of equal value. They alſo held that collateral warranty was not within the ſtatute de donis; as that act was principally intended to prevent the tenant in tail from diſinheriting his own iſſue: and therefore collateral warranty (though without aſſets) was allowed to be, as at common law, a ſufficient bar of the eſtate tail and all remainders and reverſions expectant thereon[4]. And ſo it ſtill continues to be, notwithſtanding the ſtatute of queen Anne, if made by tenant in tail in poſſeſſion: who therefore may now, without the forms of a fine or recovery, in ſome caſes make a good conveyance in fee-ſimple, by ſuperadding a warranty to his grant; which, if accompanied with aſſets, bars his own iſſue, and without them bars ſuch of his heirs as may be in remainder or reverſion.
