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
... doth teach us divers things concerning both of them ; as , 1. The qualities of their estates . 2. In what cases the entry of him that right hath may be taken away . 3. The remedies , and in what cases the same may be prevented , or ...
... doth teach us divers things concerning both of them ; as , 1. The qualities of their estates . 2. In what cases the entry of him that right hath may be taken away . 3. The remedies , and in what cases the same may be prevented , or ...
Page 166
... doth give the eldest 18 E. 2. ibid . any priviledge without her act , there that priviledge shall descend . 176. 5 H. 5. 10 . 38 H. 6. 9 . As if there be divers coparceners of an advowson † , and they Doct . & Stud . cannot agree to ...
... doth give the eldest 18 E. 2. ibid . any priviledge without her act , there that priviledge shall descend . 176. 5 H. 5. 10 . 38 H. 6. 9 . As if there be divers coparceners of an advowson † , and they Doct . & Stud . cannot agree to ...
Page 167
... doth lie ( 2 ) . But if one or both make a F. N. B. 62 , g . lease for life , a writ of partition doth not lye between them : H. 6. 2 . because non insimul et pro indiviso tenent , they do not hold the H. 4. 3 . H. 7. 10. b . freehold ...
... doth lie ( 2 ) . But if one or both make a F. N. B. 62 , g . lease for life , a writ of partition doth not lye between them : H. 6. 2 . because non insimul et pro indiviso tenent , they do not hold the H. 4. 3 . H. 7. 10. b . freehold ...
Page 168
... doth not enquire of things enquirable , and punish them , the sherife shall enquire in his turne , et si le vicount ne faire en son torne , le baylie le roy enquirer ' quant il vient , ou auterment serra inquise per justice en eire ...
... doth not enquire of things enquirable , and punish them , the sherife shall enquire in his turne , et si le vicount ne faire en son torne , le baylie le roy enquirer ' quant il vient , ou auterment serra inquise per justice en eire ...
Page 168
... doth command the sherife to make partition , are assumptis tecum 12 , & c . ( so as there must be twelve ) et partitionem inde , & c . scir ' facias justiciariis , & c . sub sigillo tuo , et sigillis eorum per quorum sacramentum ...
... doth command the sherife to make partition , are assumptis tecum 12 , & c . ( so as there must be twelve ) et partitionem inde , & c . scir ' facias justiciariis , & c . sub sigillo tuo , et sigillis eorum per quorum sacramentum ...
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.