5. An exchange is a mutual grant of equal intereſts, the one in conſideration of the other. The word "exchange" is ſo individually requiſite and appropriated by law to this caſe, that it cannot be ſupplied by any other word or expreſſed by any circumlocution[1]. The eſtates exchanged muſt be equal in quantity[2]; not of value, for that is immaterial, but of intereſt; as fee-ſimple for fee-ſimple, a leaſe for twenty years for a leaſe for twenty years, and the like. And the exchange may be of things that lie either in grant or in livery[3]. But no livery of ſeiſin, even in exchanges of freehold, is neceſſary to perfect the conveyance[4]: for each party ſtands in the place of the other and occupies his right, and each of them hath already had corporal poſſeſſion of his own land. But entry muſt be made on both ſides; for, if either party die before entry, the exchange is void, for want of ſufficient notoriety[5]. And ſo alſo, if two parſons, by conſent of patron and ordinary, exchange their preſerments; and the one is preſented, inſtituted, and inducted, and the other is preſented, and inſtituted, but dies before induction; the former ſhall not keep his new benefice, becauſe the exchange was not completed, and therefore he ſhall return back to his own[6]. For if, after an exchange of lands or other hereditaments, either party be evicted of thoſe which were taken by him in exchange, through defect of the other's title; he ſhall return back to the poſſeſſion of his own, by virtue of the implied warranty contained in all exchanges[7].
6. A partition, is when two or more joint-tenants, coparceners, or tenants in common, agree to divide the lands ſo held among them in ſeveralty, each taking a diſtinct part. Here, as in ſome inſtances there is a unity of intereſt, and in all a unity
