CONDITION.
Condition, is a rest ••int o•• bridle, annexed to a thing, so that by the not▪ performance thereof the* 1.1 party to the condition shall receive pre••udice and loss, and by doing of the same, commodity and ad∣vantage.
If a man give Lands to another, and to the Heirs* 1.2 males of his body, on condition that if he die with∣out He••r female of his body; that then the Donor shall re-enter; this condition is utterly void, for he cannot have an Heir female, so long as he hath an Heir male.
If a man morgage his land to W. upon condition, that if the morgagor and f. S. pay 2••. ••. at such a day to the morgagee, that then he shall re-enter; the morgagor dyeth before the day, I. S. payes* 1.3 the money to the morgagee; this is a good perfor∣mance of the condition, and yet the Letter of the condition is not performed: but if the morgagor had been alive at that day, and he would not pay the money, but refused to pay the same; and I. S. alone had tendred the money, the morgagee might have refused it.
If Feofment in see be made upon such a condi∣tion, that the feoffee shall not alien his Land to any, this condition is void, because when a man is so in••••offed of Lands or Tenements, he hath power* 1.4 to alien them to any person by the Law. For if such a condition should be good, then it should de∣prive