Page:Prerogatives of the Crown.djvu/318

298 Extents. [Ch.XII. Pt.LSec.V- 1. Of course, even Z>ow«/(f/<? alienation and charges, do not in general bind the King, if they be made after the period from which the lands of the Crown debtor are bound {a) ; for the King's debt is in the nature of an original charge on the land itself, and, therefore, must subject and bind every one that claims under it. And it has been held, that a term of yearsy created out of an estate, prior to the right of the Crown attach- ing on the estate, and assigned to a trustee, in trust for a pur- chaser, would not protect such purchaser against Crown debts,, though he purchased bmid Jide, and without notice {b). But it is still a common law rule, that alienations and charges, as sales, legal mortgages, &c. and even, it seems (c), voluntary charges, if bond fide created before the claim of the Crown on the land commenced, are valid (rf). And we have just observ- ed, that a term for years bona fide purchased from the defend- ant, shall be bound as against a purchaser, as a chattel only^ from the award of execution {e). The general common law doctrine is, however qualified by, and must be carefully regarded, with reference to the 75th section of the statute of extents, 33 H. 8. c. 31>. which vests in- the Crown a continuing claim in certain cases on estates, after the death of the Crown debtor. Fee simple lands might it seems be followed, but at common law, if a tenant in tail be- came indebted to the King in any manner and died, the King could not extend the land in the seisin of the issue in tail, be- cause the King was bound by the statute de donis condition- alibus (f). To remedy this, the statute of Hen. 8* enacted, that all manors, lands, tenements, possessions and heredita- ments, " the which now be, or that hereafter shaH come or be^ in or to the hands, possession, occupation or seisin of any person or persons, to whom the same manors, lands, tenements or hereditaments, have heretofore or hereafter shall descendy^ revert or remain in fee simple or in fee tail, general or special^ (a) 7 Rep. 21 ; 3rd Resolution. Wightw, 34. Per Cur. in Rex v. Smith, (A) Rex r. Smith, Sugd. V. and P. Sugd. V. and P. Equitable mortgage App. &c. See however Mr. Sugden's and mere agreement to sell, will not, it observations on this point seems, be available. Post, 303. 1 Price, (c) At least this is so when the Crown 216, 220, notes, claims by forfeiture. 2 Vez. 116. (e) Ante, 297. 8 Rep. 171. (rf) Gilb. Excheq. 91. Moore, 12, (/) 7 Rep. 21. Plowd. Ld. Berke- 126. 2 Mod. 247. 1 Price, 207. 1 ley's Case. 3 by,