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 183
... remainder . And therefore if a gift be made to two men and the heires of their two bodies begotten , the remainder to them two and their heires , they are joyntenants for life , tenants in common of the state taile , and joyntenants of ...
... remainder . And therefore if a gift be made to two men and the heires of their two bodies begotten , the remainder to them two and their heires , they are joyntenants for life , tenants in common of the state taile , and joyntenants of ...
Page 184
... remainder eo nomine , and as an interest distinct from the estate for life . This explanation is confirmed by a note in a Coke upon Littleton I have , in which it is strongly observed , that “ the two estates , viz . for life and in fee ...
... remainder eo nomine , and as an interest distinct from the estate for life . This explanation is confirmed by a note in a Coke upon Littleton I have , in which it is strongly observed , that “ the two estates , viz . for life and in fee ...
Page 190
... remainder , in this case , can be conveyed ? it may be observed , that , supposing the reversion remains in the donor , if he and the donees join together in a common conveyance , by lease and release , or bargain and sale , the estate ...
... remainder , in this case , can be conveyed ? it may be observed , that , supposing the reversion remains in the donor , if he and the donees join together in a common conveyance , by lease and release , or bargain and sale , the estate ...
Page 192
... remainder to his companion in fee , this is a good remainder of his moietie to his companion . " The lessor shall be only received for this , & c . " ( 2 Cro . 611 . Perk . 31. ) 38 H. 6. 24. b . 2 R. 3. tit . Ex- tinguishment 3 . ( 4 ...
... remainder to his companion in fee , this is a good remainder of his moietie to his companion . " The lessor shall be only received for this , & c . " ( 2 Cro . 611 . Perk . 31. ) 38 H. 6. 24. b . 2 R. 3. tit . Ex- tinguishment 3 . ( 4 ...
Page 194
... remainder , & c . More shall be said of releases in the Chapter of Releases . THIS release shall inure as well to him in the remainder as to the tenant for terme of life , & c . " Of this and the rest of this Section , for avoyding of ...
... remainder , & c . More shall be said of releases in the Chapter of Releases . THIS release shall inure as well to him in the remainder as to the tenant for terme of life , & c . " Of this and the rest of this Section , for avoyding of ...
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.