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

Front Cover
A. Strahan, 1818 - Real property

From inside the book

Contents

Was unalienable
17
Subinfeudation id
18
His Obligation on Eviction id
19
Feudum Talliatum
21
Investiture upon a Descent id
22
Fealty
26
Tenure by Knight Service
32
tion
36
Fines for Alienation
39
By Petit Serjeanty
46
Superior and Inferior Manors
50
How Manors are destroyed
51
Tenure in Villenage
52
Copyholds
53
Free Copyholds
54
Tenure in Frankalmoign
55
TITLE I
57
Land
58
Heir Looms and Charters
59
Of Estates in Land id
60
Of Seisin
63
Of Courts Baron
64
Abatement
65
Abeyance of the Freehold
66
Who may have Freehold Estates
67
Estates in Fee Simple
68
Abeyance of the Fee
70
Incidents to a Fee
71
Descendible to Heirs General id
72
Of Crown Debts
74
How contracted
75
33
76
Into whose Hands soever they pass
77
How discharged
78
Tail Male and Female
80
34
82
35
91
Tenants in Tail may make Leases
94
id
109
TITLE III
113
37
122
CHAP II
129
Opening Pits or Mines
132
Changing the Course of Husbandry
133
Permissive Waste
134
Of the Action for Waste id
136
38
137
The Timber belongs to the Person entitled to the Inheritance
138
May be cut down by Order of the Court of Chancery
142
Of the Clause without Impeachment of Waste
144
How far restrained in Equity
146
Is annexed to the Privity of Estate
148
Of partial Powers to commit 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
2 Seisin
160
3 Issue
162
In the Lifetime of the Wife
163
4 Death of the Wife
164
CHAP II
166
Estates Tail
167
Estates in Coparcenary and Common
169
Money to be laid out in Land id
170
Estates in Jointtenancy
171
Reversions and Remainders id
172
Forfeitable for Alienation
173
Origin and different Kinds of Dower
174
CHAP II
180
122
181
Who are incapable of Dower
186
Equities of Redemption of some Kind id
187
What Things are not liable to Dower
190
Lands assigned for Dower id
191
Uses and Trusts
192
Nature of this Estate id
193
Restrained from Alienation id
194
CHAP IV
195
Who may assign
196
Remedies against an improper Assignment
199
Effect of an Assignment of Dower id
200
CHAP V
202
Detinue of Charters
205
Fine or Recovery
206
A Bequest of Personal Estate is no Bar to Dower
216
TITLE VII
217
Definition of
219
Circumstances required
220
Must be limited to the Wife herself
221
In Satisfaction of her whole Dower id
222
And made before Marriage
223
Jointures which require the Acceptance of the Widow id
224
Who may limit a Jointure
226
Nature of this Estate
228
43
229
Effect of the Eviction of a Jointure
230
CHAP II
231
Though the Settlement be unequal w
232
Relieved against a voluntary Conveyance
233
Nor to deliver up Title Deeds
234
Sometimes allowed Interest for Arrears
235
CHAP III
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
Description of
257
Introduction of long Terms
258
A Tenant for Years has no Seisin
259
But must make an Entry
260
An Entry before the Lease begins is a Disseisin id
262
id
263
Tenants for Years entitled to Estovers
266
Are Chattels
263
And vest in Executors id
256
Clause without Impeachment of Waste 270
270
When entitled to Emblements id
271
May be limited for Life with a Remainder over
272
Merged by a Union with the Freehold
273
47
277
How forfeited
278
TITLE IX
279
May arise by Implication
280
This Tenant sometimes entitled to Emblements
281
What determines this Estate id
282
Bind the Persons in Reversion
284
And devolve to Executors
285
Six Months Notice to quit necessary
286
CHAP II
287
TITLE X
291
And Estates Tail
304
And Estates for Life
305
Copyhold Customs
307
How proved
308
CHAP 11
311
All Lords of Manors may make Grants
312
Though under Personal Disabilities
314
To whom Grants may be made
315
The Custom must be observed
316
Copyhold Grants take place of many other Estates
320
CHAP III
322
Entitled to Estovers
323
But cannot in general commit Waste
324
Copyholds are descendible
326
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 50 And by a Grant of the Freehold to the Husband id
333
A Devise may bar Free Bench
334
What Statutes extend to Copyholds
335
Fines upon Descent
337
Without a Special Custom
340
Nor unless there is an Alteration of the Tenant
341
Or an Agreement to surrender id
342
Fines on Change of the Lord
343
No more than Two Years Value can be demanded
347
Except on Voluntary Grants
350
Fines must be assisted severally id
351
Of Heriots
352
CHAP V
356
Waste
360
Disclaiming Tenure
361
Refusal to perform Services id
362
Refusal to pay Rent
363
Nonappearance of the Heir to be admitted id
364
Of a Person in Remainder 367
367
VOL I
369
Who may forfeit
370
Extent of a Forfeiture
371
Where Presentment is necessary id
373
Who may take Advantage of a Forfeiture
374
Where Relief has been refused
376
CHAP VI
379
Release to the Lord
380
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 Subpoena
392
Nature of a Use
394
Necessity of Confidence in the Person
398
Who might be seised to Uses
399
What might be conveyed to Uses
400
Rules by which Uses were governed
401
Could not be raised without a Consideration id
402
Might commence in futuro
403
Not subject to Dower or Curtesy
404
Not extendible or Assets id
405
CHAP III
409
Estate Tail
414
Estate for Life
417
What may be conveyed to Uses id
418
3 A Use in esse
423
The Statute then transfers the actual Seisin id
424
129
429
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 on a Grant of an Estate Tail
445
Nor on a Devise
447
TITLE XII
451
Origin of Trusts
452
Description of
453
Limitation to Trustees to pay over the Rents
455
Trust for the separate Use of a Woman
456
Trust to sell or to raise Money
457
necessary
460
A Trust Estate limited after Payment of Debts vests immediately
462
Terms for Years limited in Trust id
463
Resulting or implied Trusts
464
Purchase with Trust Money
466
Conveyance without Consideration
468
A Trust declared in part
469
Or which cannot take effect
470
Where no Appointment is made
471
Renewal of a Lease by a Trustee id
472
Where there is Fraud
473
Trusts of Copyholds id
474
ExceptionChildren emancipated
479
And also a Wife id
480
All Trusts are Executory id
481
Of the Rules by which Trust Estates of Freehold are governed I A Trust is equivalent to the Legal Ownership
483
Trusts are alienable
484
Devisable and descendible
485
And also limited for Life id
486
But not to Dower
488
Nor to Free Bench
490
Subject to Forfeiture for Treason
491
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
C
497
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 D
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
524
Their Acts shall not prejudice the Trust
525
ExceptionConveyance without Notice id
526
Where they are not bound
528
Where the Receipt of the Trustees is sufficient
530
Trustees have equal Power
532
130
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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Common terms and phrases

Popular passages

Page 118 - 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...
Page 260 - 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 376 - 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 33 - 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 419 - 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 418 - 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.
Page 392 - 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 23 - 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 335 - Tenants by Copy of Court Roll, according to the Custom of the Manor...
Page 366 - That where any person or persons stand or be seised, or at any time hereafter shall happen to be seised, of and in any honours, castles, manors, lands, tenements, rents, services, reversions, remainders or other hereditaments, to the use, confidence or trust of any other person...

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