Page:Prerogatives of the Crown.djvu/417

Ch. XVI. Sec. III.] Crown Grants. 397 The general rule appears to be that the grant need not recite the King's title (a) : and it seems that if after reciting certain facts a charter draw as a conclusion that the King has a cer- tain estate, which is neither correct in law or fact, this false conclusion, not being any part of the consideration of the grant, and not having arisen from the misinformation or fault of the grantee, but being the surmise and mistake of the King, shall not avoid the charter (b). So if the King mis- takenly surmise in his grant that he holds by escheat, whereas the lands are his inheritance ; or grant in consideration of sup- posed services (c) ; or call the grantee a knight, he not being one {d) ; such grants are good notwithstanding these mistakes. But it seems that royal grants are always void where the King evidently mistakes his title in a material point to the prejudice of his tenure or profit (^). So if the recital of a thing in a patent which sounds to the King's benefit be false, the grant will be void ; for the King is in point of law deceived {/). As if the patent recite a grant of a reversion which was void, and the grant be to commence after it {g) : if it recite an inquisition of his presentation ; and he then confirm it ; where the presentation was repealed (h) : or if the King lease for twenty-one years after a former lease to A. determines ; which was before surrendered (2). So if the King grant a greater or different estate than he could effectu- ally transfer (k). And if the false recital, &c. arise from the suggestion of the party applying for the grant, such grant will be void. As if the grant be founded on a false suggestion, that the land be of less value than it is (Z) ; or that the King had it by escheat when he had not {m). And if any thing men- (a) 1 Co. 45, b. 51, a. Mo. 318, 20. (b) 6 Co. 55, a. (c) Plowd. 455. (d) Ld. Raytn. 292. Skinner, 651. («) 5 Bac. Ab. 603. Prerog. F. 2. (/) 2 Co. 54. 1 Co. 43, a. Dyer, 352, a. 11 Co. 90. 2 Rol. Ab. 188. 1. 12. (g) 11 Co. 4, b. 2 Rol. Ab. 188. 1.52. (A) 2 Rol. Ab. 188. 1. 45. (0 3 Leon. 5, 6. (A) See the Instances, Com. Dig. Grant, G. 8. 2 Bla. Com. 348. (0 2 Rol. Ab. 188. 1. 15. Yelv. 18. See Lord Hardwicke's observation on Lord Baltimore's information to the trown, that certain lands in the plan- tations were uncultivated and possessed by barbarians, previous to his obtaining a charter, whereby the King might be involved in disputes, the land being possessed by Dutchmen and Swedes, &c, 1 Ves. sen. 451. (m) 2Rol.Ab. 188.1. 20. tioned