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32. H 8. cap. 23. The dying seised of a disseisor by strength, and without title, tol∣leth not the entrie of him and his heires, which at the time of the discent had good title of entrie, vnlesse the disseisor had peaceable possession by fiue yeres next after the disseisin.
A fee simple, is a fee simple, conditionall or absolute.
Conditionall is a fee simple to one and the heires of his bodie: for that is a fee sim∣ple * 1.1 at the Common law: but the hauing of
issue made it a more perfect fee simple than before.
Which before issue cannot bee alienated, * 1.2 after issue had, becommeth an absolute Fee simple.
And may be alienated or forfeited by at∣tainder * 1.3 of felonie. But so, as if the Issue faile before the alienation, the donor, or gi∣uer, shall haue it.
And this by the statute of Westm̄. 2. C. 1. being restrained from all alienation (to the preiudice of the Issues) and that so as by the verie words of the Statute, a reuersion de∣pends vpon it; is now become, and made by the construction of that Statute, a new kind of estate, deuided from a fee simple, & called an estate Taile. Which name for plainesse sake we vse hereafter, calling the other onely a fee simple. And the name of Inheritance we applie indifferētly to them both. In which sence all common vse doth take those words.
40. El. Pl. 250.
30. E. 1. Form. 85.
(a) 7 E. 3. 36. 8. per a El. 11 Pl. 240. 30. E. 1 ibid.