of ſeiſin, as feoffments in fee-ſimple[1]. And this is the only diſtinction that Littleton ſeems to take, when he ſays[2], "it is to be underſtood that there is feoffor and feoffee, donor and donee, leſſor and leſſee;" viz. feoffor is applied to a feoffment in fee-ſimple, donor to a gift in tail, and leſſor to a leaſe for life, or for years, or at will. In common acceptation gifts are frequently confounded with the next ſpecies of deeds: which are,
3. Grants, conceſſiones; the regular method by the common law of transferring the property of incorporeal hereditaments, or, ſuch things whereof no livery can be had[3]. For which reaſon all corporeal hereditaments, as lands and houſes, are ſaid to lie in livery; and the others, as advowſons, commons, rents, reverſions, &c, to lie in grant[4]. And the reaſon is given by Bracton[5]: "traditio, or livery, nihil aliud eſt quam rei corporalis de perſona in perſonam, de manu in manum, tranſlatio aut in poſſeſſionem inductio; ſed res incorporales, quae ſunt ipſum jus rei vel corpori inhaerens, traditionem non patiuntur." Theſe therefore paſs merely by the delivery of the deed. And in ſigniories, or reverſions of lands, ſuch grant, together with the attornment of the tenant (while attornments were requiſite) were held to be of equal notoriety with, and therefore equivalent to, a feoffment and livery of lands in immediate poſſeſſion. It therefore differs but little from a feoffment, except in it's ſubject matter: for the operative words therein commonly uſed are dedi et conceſſi, "have given and granted."
4. A lease is properly a conveyance of any lands or tenements, (uſually in conſideration of rent or other annual recompenſe) made for life, for years, or at will, but always for a leſs time than the leſſor hath in the premiſes: for if it be for the whole intereſt, it is more properly an aſſignment than a leaſe. The uſual words of operation in it are, "demiſe, grant,
