not to alien, on a conveyance in fee, void, ib.
Secus where it is annexed to a collateral thing,
27. Or is restrictive of alienation to a particu-
lar person only, ib. Or in case of alienations
prohibited by law, ib. Condition not to alien
on a gift in tail good as to alienations working
a discontinuance, 28, 29. Secus as to a
common recovery, 30, 31. On gift in tail
with remainder in fee, condition not to alien
good as to the intail only, 32. Condition to
re-enter on discontinuance of intail and death
of issue, good, ib. III. Mortgage, 33. Origin
of the term, 34. The different kinds of mort-
gage, 34 to 37. IV. Condition, how to be
performed, 38. In respect of the person to
perform the same, 38, 39. On mortgagor's
death before day of payment, his heir may
perform the condition, 40, 1; or his executors,
&c. 42. Secus as to a stranger, 43. Unless
the heir be an idiot, ib. Condition to have
fee on payment of money by a day certain,
may be performed by the fcoffee's alicnee, 44;
or by the first feoffee, ib. But where no day
of payment is appointed, on mortgagor's death
his heir cannot perform the condition, 45. In
respect of time. No time being limited, feoffor
has during life to perform the condition, ib.
Secus in the case of bonds, ib.; or where the
condition is to be performed to a stranger, 46.
In respect of place. Condition to pay a sum
in gross, no place being appointed, must be
performed to the feoffee in person, 47, 48.
Secus in the case of a rent, 49, or if the feof-
fee be out of the kingdom, ib.: or if the condi-
tion be to deliver a thing ponderous, 50, or
to make a feoffment, ib. But where a certain
place is appointed, condition must be perform-
ed there, ib. Though it may be performed in
another place, by consent, 51. Where the
place is certain, and the time uncertain, notice
of performance must be given, 52. In respect