Only those who were privies in estate with the original feoffee
to uses, were bound by the use. A disseisor was no more bound by
the confidence reposed in his disseisee, than he was entitled to
vouch his disseisee's warrantor. In the time of Henry VIII. it
was said that "where a use shall be, it is requisite that there
be two things, sc. confidence, and privity: ... as I say, if
there be not privity or confidence, [408] then there can be no
use: and hence if the feoffees make a feoffment to one who has
notice of the use, now the law will adjudge him seised to the
first use, since there is sufficient privity between the first
feoffor and him, for if he [i.e. the first feoflor] had warranted
he [the last feoffee] should vouch as assign, which proves
privity; and he is in in the per by the feoffees; but where one
comes into the land in the post, as the lord by escheat or the
disseisor, then the use is altered and changed, because privity
is wanting." /1/
To this day it is said that a trust is annexed in privity to the
person and to the estate /2/ (which means to the persona). It is
not regarded as issuing out of the land like a rent, so that
while a rent binds every one who has the land, no matter how, a
disseisor is not bound by the trust.
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