The First Part of the Institutes of the Laws of England, Or, A Commentary Upon Littleton: Not the Name of the Author Only, But of the Law Itself, Volume 2W. Clarke, C. Hunter, and S. Brooks, 1817 - Land tenure |
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Page 162
... discontinuance , the act of the party , whereby the entry of them that right have shall be taken away . And next unto that he teacheth in what case the same may be avoided by remit- ter . After he had treated of descents and ...
... discontinuance , the act of the party , whereby the entry of them that right have shall be taken away . And next unto that he teacheth in what case the same may be avoided by remit- ter . After he had treated of descents and ...
Page 170
... a . Post . 173. b . [ Note 26. ] ( 2 ) See the case of discontinuance stated by lord Coke post . 373. b . Anne do enter and make partition . ( 3 ) 170.a. 170.b. ] L.3 . C. 1. Sect . 255 . Of Parceners . Sect. 255. ...
... a . Post . 173. b . [ Note 26. ] ( 2 ) See the case of discontinuance stated by lord Coke post . 373. b . Anne do enter and make partition . ( 3 ) 170.a. 170.b. ] L.3 . C. 1. Sect . 255 . Of Parceners . Sect. 255. ...
Page 172
... discontinuance ( 1 ) † . But the contrary is holden M. 10 H. 6. scil . that the heire may not enter upon the parcener who hath the intailed land , but is put to a formedon . THE land in fee simple is allotted to the younger daughter ...
... discontinuance ( 1 ) † . But the contrary is holden M. 10 H. 6. scil . that the heire may not enter upon the parcener who hath the intailed land , but is put to a formedon . THE land in fee simple is allotted to the younger daughter ...
Page 172
... discontinuance . " And the in the Chapter of reason thereof is , for that it passeth not by livery of seisin , but the partition is in truth lesse than a grant , for that it maketh no degree , but each coparcener is in by descent from ...
... discontinuance . " And the in the Chapter of reason thereof is , for that it passeth not by livery of seisin , but the partition is in truth lesse than a grant , for that it maketh no degree , but each coparcener is in by descent from ...
Page 182
... to both jointenants of the reversion . Post . 192 a . See further Perk . sect . 80 .- [ Note 62. ] F be a discontinuance , and consequently the state which should 182. b . 183. a . 183.b. ] Of Joyntenants . L.3 . C.3 . S. 283 .
... to both jointenants of the reversion . Post . 192 a . See further Perk . sect . 80 .- [ Note 62. ] F be a discontinuance , and consequently the state which should 182. b . 183. a . 183.b. ] Of Joyntenants . L.3 . C.3 . S. 283 .
Common terms and phrases
advowson albeit alienation appeareth assise attornement barre Bract Bracton collaterall common law common recovery condition conveyance coparceners court courts of equity deed default descend dieth discent discontinuance disseisee disseisin disseisor diversitie donor doth dower eldest Eliz enter entreth entry enure estate taile execution executors fee simple fee taile feme feme covert feoffee feoffment in fee feoffor feudal Fleta freehold grant hath issue heire husband inheritance joyntenants judgement king lands or tenements lease lessee lessor limited Littleton livery lord lord Coke maketh manner moitie observed parceners party person plaintife plead possession Post privitie purchase putteth quòd reason recover recovery release remainder remitter reversion Roll saith seigniorie seised seisin severall sonne statute stranger tayle tenant in taile tenants in common term tiel trust vested Vide Sect void warrantie whereof wife words writ of right
Popular passages
Page 269 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...
Page 269 - ... allowance, the court may sequester his personal estate, and the rents and profits of his real estate, and may appoint a receiver thereof, and cause such personal estate, and the rents and profits of such real estate, to be applied towards such maintenance and allowance, as to the court shall, from time to time seem just and reasonable.
Page 290 - It is a rule of law, that when the ancestor, by any gift or conveyance, takes an estate of freehold ; and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs in fee or in tail, that always in such cases, the heirs are words of limitation of the estate, and not words of purchase.
Page 203 - A's first and other sons in tail male ; remainder to his daughters as tenants in common in tail, with cross remainders in tail between them, if more than one, with remainders over ; A.
Page 205 - ... in all cases where a condition of a bond, recognizance. &c., is possible at the time of the making of the condition, and before the same can be performed, the condition becomes impossible by the act of God, or of the law, or of the obligee, &c., there the obligation, &c., is saved.
Page 376 - ... by paying that obedience to papal process, which constitutionally belonged to the king alone...
Page 269 - A. and his heirs, to the use of B. and his heirs, or to the use of B.
Page 231 - But this nicety is now disregarded: though, in compliance with the ancient principle, the form of assigning a chose in action is in the nature of a declaration of trust...
Page 307 - The countess of Pembroke, Dorset, and Montgomery held the office of hereditary sheriff of Westmoreland, and exercised it in person. At the assizes at Appleby, she sat with the judges on the bench.
Page 205 - And it seemeth that the cause why it is called mortgage is, for that it is doubtful whether the feoffor will pay at the day limited such sum or not : and if he doth not pay, then the land which is put in pledge upon condition for the payment of the money is taken from him for ever, and so dead to him upon condition. And if he doth pay the money, then the pledge is dead as to the tenant.