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 169
... possession : betweene tenants in common , there is privity only in possession , and not in estate : but parceners have a threefold privity , viz . in estate , in person , and in possession . 3 E. 4. 9 , 10 . 47 E. 3.22 . 47 Ass . 8 . 19 ...
... possession : betweene tenants in common , there is privity only in possession , and not in estate : but parceners have a threefold privity , viz . in estate , in person , and in possession . 3 E. 4. 9 , 10 . 47 E. 3.22 . 47 Ass . 8 . 19 ...
Page 187
... possession , and therefore if the husband make a feoffment of the moitie , this was a discontinuance of that moity , and the other jointenant re- mained in possession of the freehold and inheritance of the other moity , which for the ...
... possession , and therefore if the husband make a feoffment of the moitie , this was a discontinuance of that moity , and the other jointenant re- mained in possession of the freehold and inheritance of the other moity , which for the ...
Page 190
... possession of the heir or devisee ; and afterwards , in regard to the prerogative remedies for the recovery of crown ... possessions of the emperor in Italy , were conquered by the Lombards . This , as it was the final extinction of the ...
... possession of the heir or devisee ; and afterwards , in regard to the prerogative remedies for the recovery of crown ... possessions of the emperor in Italy , were conquered by the Lombards . This , as it was the final extinction of the ...
Page 196
... possession of their mothers ( eyant regarde ou respect tantsole- ment a * le seisin et possession de lour meres ) , but they are parceners rather , having respect to the estate which descended from their grandfather to their mothers ...
... possession of their mothers ( eyant regarde ou respect tantsole- ment a * le seisin et possession de lour meres ) , but they are parceners rather , having respect to the estate which descended from their grandfather to their mothers ...
Page 199
... possession and occupation , he which is put out of occupation shall have against the other a writ of ejectione firma of the moietie , & c . Sect 323 . IN the same manner it is where two hold the wardship of lands or tene- ments during ...
... possession and occupation , he which is put out of occupation shall have against the other a writ of ejectione firma of the moietie , & c . Sect 323 . IN the same manner it is where two hold the wardship of lands or tene- ments during ...
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.