A Digest of the Laws of England Respecting Real Property, Volume 1

Front Cover
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Investiture
11
Cannot limit an Estate to commence after his Death
12
Oath of Fidelity
13
Estate of the Vassal
14
Was unalienable
15
Estate of the Lord
16
His Obligation on Eviction id
17
Feudum Talliatum
18
Investiture upon a Descent
19
Feudal Forfeitures id
20
Feudal Jurisdiction
21
A Castle
22
Fruits of Knight Service
23
Aids
24
Unless he confirms them
25
Nor subject to his Debts
27
Except Crown Debts
28
Primer Seisin
29
Wardship
31
Marriage
32
Tenants in Tail may make Leases
33
Are Subject to the Bankrupt Laws
34
Fines for Alienation
35
Escheat
36
Tenure by Grand Serjeanty
37
Where a Reconveyance will be Presumed
39
Abolition of Military Tenures Page 23
39
id
39
Manors 8 Courts Baron 14 Inferior Manors 17 How Manors are destroyed
41
But not for Felony
42
Tenure in Socage
43
By Petit Serjeanty 28 In Burgage
44
In ancient Demesne
45
In Gavelkind
46
Sect Page
48
And money Entailed
49
Incidents to these Tenures 48 Changes in Socage by Stat 12 Charles II
50
Copyholds
53
Nor on a Devise
54
Of Seisin
58
Free Copyholds
59
Where an Entry is necessary 27 Abatement id
60
Abeyance of the Freehold
61
Tenure in Frankalmoign 35
62
40
63
43
64
44
65
Incidents to Estates in Fee Simple
66
Descendible to Heirs General id
67
Liable to Debts id
68
How Contracted
69
Bind the Lands when Contracted 69 Into whose hands soever they pass
71
Estates in Fee forfeited for Treason c
72
id
73
TITLE II
74
Description of an Estate Tail
78
Tail General and Special
79
Tail Male and Female id
80
Estates Tail are held of the Donor
81
What may be entailed
82
Who may be Tenants in Tail
83
Incidents to Estates Tail id
84
Subject to Curtesy and Dower id
85
CHAP II
87
His alienation not absolutely void
88
id
98
id
99
46
102
TITLE III
104
id
106
id
108
id
110
CHAP II
118
Felling Timber 11 Pulling down Houses 14 Opening Pits or Mines 18 Changing the Course of Husbandry
119
id
120
Destruction of Heir Looms 21 Permissive Waste
122
Of the Action of Waste
124
49
130
50
131
52
132
Waste restrained in Equity
133
Of Accidents by Fire
138
TITLE I
139
His Privileges not Grantable over
144
Who must be born alive id
150
Sect Page 16 Incorporeal Hereditaments
155
What Things are not liable to Curtesy
156
Estates not of Inheritance id
157
Forfeitable for Alienation
158
TITLE VI
160
Dower at Common Law
162
Dower is a Moral Right id
163
Incorporeal Hereditaments id
173
ESTATE IN FEE SIMPLE
175
118
183
CHAP IV
184
Unless so expressed when the Widow has an Election
190
119
195
A Bequest of Personal Estate no Bar to Dower
196
CHAP II
214
Not barred by the Attainder of the Husband
220
Unless so expressed when the Widow has an Election
233
Sect Page 9 Introduction of long Terms
236
Origin of Trusts
237
An Entry before the Lease begins is a Disseisin
240
And be assigned before Entry
241
May determine by Proviso
242
A Freehold cannot be derived from a Term
244
CHAP II
245
Clause without Impeachment of Waste
248
Accidents by Fire
249
Estates for Years subject to Deeds id
250
May be limited for Life with a Remainder over id
252
Origin of Estates for Years
255
TITLE IX
257
May arise by Implication
258
Is at the Will of both parties id
259
Cannot commit Waste id
260
Bind the Persons in Reversion
262
Six Months notice to Quit necessary
263
Description
268
All Lords of Manors may make Grants
283
Sect Page 1 Copyholders subject to Fealty
296
Entitled to Estovers
297
But cannot in General commit Waste
298
Copyholds are Descendible
300
Subject to Free Bench
301
Which may be barred by a Jointure
303
And by the Alienation of the Husband id
304
And by Forfeiture
306
And by a Grant of the Freehold to the Husband
307
A Devise may bar Free Bench id
308
CHAP IV
310
Upon Voluntary Grants
311
Not due from Remaindermen
312
Without a Special Custom
313
Nor without a Change of the Tenant
314
Fines on Change of the Lord
315
No more than two years value can be demanded
319
Except on Voluntary Grants
322
How Recovered
323
CHAP V
327
Alienation contrary to the Custom
328
Leases contrary to the Custom
329
121
345
CHAP VI
347
id
355
CHAP II
360
122
362
id
364
What might be conveyed to
366
Not subject to Forfeiture
367
Not extendible or Assets id
368
Without words of Limitation id
369
125
370
Statutes made to remedy them
371
CHAP III
373
Circumstances necessary to its Operation
376
Of what Estates
377
Of real Property 2 Corporeal or Land 4 Money to be laid out in Land 5 Heir Looms and Charters 7 Incorporeal
380
What may be conveyed to Uses id
381
In what cases the Statute operates
382
A Use in Esse
386
CHAP IV
391
Contingent Uses
392
Conveyances arising from the Statute of Uses
395
Whether the Statute extends to Devises
397
Resulting Uses
399
Uses by Implication
403
No Use results but to the owner of the Estate id
404
53
406
54
407
Limitation to Trustees to pay over the Rents
414
Contract for a Purchase
423
Trusts of Copyholds
430
All Trusts are Executory
436
CHAP III
453
When a Term is in Gross
459
And also from Dower
466
Must be assigned to a Trustee for the Purchaser
479
CHAP IV
487
id
490
Where the Receipt of the Trustee is sufficient
493

Other editions - View all

Common terms and phrases

Popular passages

Page 394 - June 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.
Page 233 - 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.
Page 357 - 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.
Page 356 - ... or other hereditaments, to the use, confidence, or trust of any other person or persons...
Page 26 - And that all fines for alienations, tenures by homage, knight-service, and escuage, and also aids for marrying the daughter or knighting the son, and all tenures of the king in capite, be likewise taken away. And that all sorts of tenures, held of the king or others, be turned into free and common socage ; save only tenures in frankalmoign, copyholds, and the honorary services (without the slavish part) of grand serjeanty.
Page 395 - 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.
Page 372 - 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.
Page 16 - 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.
Page 103 - ... hereditament, it shall go to the executor or administrator of the party that had the estate thereof by virtue of the grant ; and if the same shall come to the executor or administrator either by reason of a special occupancy or by virtue of this act, it shall be assets in his hands, and shall go and be applied and distributed in the same manner as the personal estate of the testator or intestate.
Page 360 - And also saving to all and singular those persons, and to their heirs, which be, or hereafter shall be seised to any use, all such former right, title entry, interest, possession, rents, customs, services and action as they or any of them might have had to his or their own proper use, in or to any manors, lands, tenements, rents or hereditaments, whereof they be, or hereafter shall be seised to any other use...

Bibliographic information