A Digest of the Laws of England Respecting Real Property, Volumen1

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A. Strahan, 1818
 

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And made before Marriage
21
Feudal Forfeitures
22
The Lord might forfeit his Seigniory
23
Feudal Jurisdiction id
24
II
26
Division of Tenures
27
Tenure in Capite
29
Statute of Quia Emptores
30
Homage
31
Tealty
32
Tenure by Knight Service id
33
Reliefs
34
Primer Seisin
35
Marriage O
36
Fines for Alienation
37
Tenure by Grand Serjeanty id
38
CHAP III
39
By Petit Serjeanty
40
In Burgage
41
JI In ancient Demesne id
43
Oath of Fidelity
47
Of Courts Baron
49
Feudal Aids
55
Money to be laid out in Land
57
Estate of the Lord
62
And for Disclaimer
80
Feudum Talliatum
81
id
86
id
87
What
88
Who
90
Of the Power of Tenant in Tail over his Estate and the Modes of barring it 94 95 id 1 Can only alien for his own Life 4 His Alienation not absolutely ...
94
Except Crown Debts
103
And Money entailed III
111
TITLE III
113
How created
114
Held of the Grantor
115
Not entailable id
117
Tenants for Life entitled to Estovers id
118
May pray in Aid
120
31
121
Not bound to pay off Incumbrances id
124
Estates pour auter vie vest in Executors id
125
Ecclesiastical Persons are quasi Tenants for Life
127
CHAP II
129
Felling Timber
130
Changing the Course of Husbandry
133
Destruction of Heir Looms id
134
Of the Action for Waste id
136
The Timber belongs to the Person entitled to the Inheritance
138
May be cut down by Order of the Court of Chancery
142
Investiture upon a Descent
143
Of the Clause without Impeachment of Waste
144
Pulling down Houses
146
Is annexed to the Privity of Estate
148
Of partial Powers to comınit Waste id
149
Of Accidents by Fire
152
TITLE IV
153
But is restrained from malicious Waste
156
His Privileges not grantable over
157
TITLE V
158
Description of
159
1º Marriage 8 2 Seisin
160
96 96
162
b 2
163
And capable of inheriting the Estate id
164
CHAP II
166
Estates Tail
167
Estates in Coparcenary and Common
169
Money to be laid out in Land id
170
DOWER
174
CHAP II
180
Who are incapable of Dower id
186
What Things are not liable to Curtesy id
187
A Castle
191
97
192
Nature of this Estate id
193
Restrained from Alienation id
194
CHAP IV
195
CHAP V
202
Detinue of Charters
205
Fine or Recovery
206
An Infant is barred by a Jointure
217
Not bound by Neglect during Coverture
231
Nor to deliver up Title Deeds
234
Sometimes allowed Interest for Arrears
235
Fine or Recovery by the Wife
237
Not barred by the Attainder of the Husband
238
Nor by the Elopement of the Wife id
239
Unless so expressed and then the Widow has an Elec tion
253
TITLE VIII
256
May determine by Proviso
262
Are Chattels
263
A Freehold cannot be derived from a Term
264
Tenants for Years entitled to Estovers
266
TITLE IX
279
May arise by Implication
280
This Tenant sometimes entitled to Emblements
281
IOI 102
295
103
296
The Things granted must be Parcel of the Manor
297
And demised or demisable by Copy
298
Escheat
299
What destroys the Custom of granting
300
What may be granted by Copy
302
Copyholders may have Estates in Fee
303
And Estates Tail
304
And Estates for Life
305
Copyhold Customs
307
How proved
308
CHAP II
311
72
313
Copyhold Grants take place of many other Estates
320
CHAP III
322
id
325
Not liable to Debts
327
Subject to Free Bench id
329
And by the Alienation of the Husband
330
Or even an Agreement to convey
332
And by Forfeiture
333
And by a Grant of the Freehold to the Husband id
334
Subject to Curtesy id
335
How recovered
337
74
357
Of a Devisee
369
Who may forfeit
370
Extent of a Forfeiture
371
Where Presentment is necessary id
372
Who may take Advantage of a Forfeiture
374
Where Equity relieves id
376
Copyhold Estates id
379
Enfranchisement
381
Escheat or Forfeiture
384
TITLE XI
386
Of the Fidei Commissum
388
Jurisdiction of the Chancellors over Uses
389
Introduction of the Writ of Subpæna
390
22
394
What might be conveyed to Uses
400
Rules by which Uses were governed
401
Could not be raised without a Consideration id
402
Might change by Matter subsequent id
403
Not subject to Dower or Curtesy
404
b 3
405
CHAP III
409
Of what Estate
413
Estate Tail
414
Estate for Life
417
What may be conveyed to Uses 0 id
418
3º A Use in esse
423
The Statute then transfers the actual Seisin id
424
CHAP IV
429
Construction of the Statute 429 1 Construction of the Statute 3 Of Contingent Uses
430
Uses arising upon the Execution of Powers
431
Conveyances derived from the Statute of Uses
433
Whether the Statute extends to Devises
436
Resulting Uses
438
Uses by Implication
442
No Use results but to the Owner of the Estate
443
Nor against the Intent of the Parties id
444
Nor which is inconsistent with the Estate id
445
Nor on a Devise
447
TITLE XII
451
Limitation to Trustees to pay over the Rents
455
Trust for the separate Use of a Woman 0
456
Trust to sell or to raise Money
457
75
461
76
476
But not for Felony
492
Not subject to Escheat
493
And to Debts due to private Persons id
494
Where a Legal Estate is a Bar in Ejectment
495
Where a Reconveyance will be presumed
496
CHAP III
499
Terms attendant on the Inheritance
501
How Terms become attendant
502
When a Term is in Gross
506
A Term attendant may become a Term in Gross
509
A Term attendant is Part of the Inheritance
510
Not forfeited for Felony
511
And also from Dower
515
Must be assigned to a Trustee for the Purchaser
516
A Term will not protect the Heir against Dower
519
Nor the Assignees of a Bankrupt
520
Neither Jointure nor Curtesy barred by a Term id
521
Of the Estate and Duty of Trustees 1 Estate of Trustees
523
Duty of Trustees Q
524
Their Acts shall not prejudice the Trust
525
id
526
Where the Receipt of the Trustees is sufficient
530
Trustees have equal Power
532
Can derive no Benefit from the Trust
533
Bound to reimburse the Cestui que trust id
534
But allowed all Costs and Expences
535
Refusing to act must release or disclaim
539

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Página 281 - Tenant at will is, where lands or tenements are let by one man to another, to have and to hold to him at the will of the lessor, by force of which lease the lessee is in possession.
Página 421 - Keller his heirs and assigns. To the only proper use and behoof of the said David H. Keller his heirs and Assigns Forever And the said William H.
Página 464 - That where any conveyance shall be made of any lands or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law, or be transferred or extinguished by an act or operation of law, then and in every such case such trust or confidence shall be of the like force and effect as the same would have been if this statute had not been made; anything hereinbefore contained to the contrary notwithstanding.
Página 463 - June (1677) all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Página 437 - But in the case of a devise to A. and his heirs, to the use of B. for life, remainder to the first and other sons of B. in tail, there is no reason why the seisin of A.
Página 30 - Free services were such as were not unbecoming the character of a soldier or a freeman to perform; as to serve under his lord in the wars, to pay a sum of money, and the like. Base services were such as were fit only for peasants, or persons of a servile rank ; as to plough the lord's land, to make his hedges, to carry out his dung, or other mean employments.
Página 83 - As to the heirs of a man's body, by which only his lineal descendants were admitted, in exclusion of collateral heirs; or to the heirs male of his body, in exclusion both of collaterals, and lineal females also.
Página 379 - Tenants by Copy of Court Roll, according to the Custom of the Manor...
Página 126 - That if no Disposition by Will shall be made of any Estate pur autre vie of a Freehold Nature, the same shall be chargeable in the Hands of the Heir, if it shall come to him by reason of special Occupancy, as Assets by Descent, as in the Case of Freehold Land in...
Página 491 - ... to do, make and deliver execution unto the party in that behalf suing, of all such lands, tenements...

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