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[001] of his lords and is enfeoffed, [it is] either by his lord or by a stranger: [if by his lord],
[002] the assise lies against all; if by a stranger, against everyone except against the true
[003] lord in whose potestas he is, should he wish to disseise him. It also lies for him who
[004] holds a tenement until provision be made for him,1 just as for others who hold a free
[005] tenement, for it may well be that he will never be provided for and thus the tenement
[006] may remain in fee. The assise also lies where a gift [of the same thing] is made to two,
[007] successively and at different times, both put themselves into seisin without warrant,
[008] and the donor ratifies the seisin of one but not the other; if he whose seisin has not
[009] been ratified is ejected, he will not recover.2 If he ratifies both, that cannot stand, but
[010] priority [of seisin] must be preferred, as though both had entered with warrants.3 If
[011] one enters with a warrant and the other without, he who has the warrant is preferred
[012] and the assise lies for him. If two claim as heir and there is doubt as to their right, in
[013] view of that doubt the assise lies for him who first puts himself in seisin, unless it may
[014] be proved that in truth he has no right. If two claim an inheritance, neither of whom
[015] has right, as where both are bastards, the assise lies for him who is first in possession,
[016] with a warrant or without it, until another ejects who has right of some kind. If one
[017] is a bastard and the other legitimate, or one bond and the other free, the assise lies
[018] for him who has right, if he who is in seisin has time, long and peaceful, so that he
[019] cannot be ejected without judgment. What if he does not have such time? [If ejected]
[020] he will not recover by the assise. 4<[The assise lies for two persons], if a gift is made to
[021] a husband and wife together, who have, so to speak, one right, or to two others, together
[022] in common.> One is taken to have ejected at once if he has given a tenement
[023] subject to a condition which depends upon a future event, as where he says, ‘I give
[024] you so much land if you marry (or ‘that you marry’) my daughter,’ and, after the
[025] gift has been made and livery has followed, the donee, though long afterwards, betakes
[026] himself to other vows and marries another;5 if he is ejected, even without judgment,
[027] he will not recover by the assise, because if a thing has been given for a causa
[028] and subject to a condition which depends upon a future event, though the gift is
[029] complete from the outset it nevertheless is subject to resolution if the causa does not
[030] follow, by force of the condition, and it thus begins to be void because the condition
[031] was not satisfied,6 [But it could be said to the contrary that if the condition could not
[032] be satisfied at once, it could be after the death of the woman he had married contrary
[033] to the agreement.] and the same may be done in many other gifts, suspended under
[034] a condition or complete but subject to resolution on the non-performance of the condition.
[035] Just as one may himself be ejected and have his remedy by the assise, so may
[036] he be through his household or7 others who are in



Notes

1. Infra 127

2. Supra ii, 138

3. Supra ii, 128

4. Supra i, 392

5. Supra ii, 81

6. Supra ii, 73

7. ‘vel’


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