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 164
... whereof ( F.N.B. 195. H. ) one is son or daughter , brother or sister , nephew or neece , and the others be in a further degree , all their heires from henceforth shall have their recoverie by writ of mortdauncestor . And this seemeth ...
... whereof ( F.N.B. 195. H. ) one is son or daughter , brother or sister , nephew or neece , and the others be in a further degree , all their heires from henceforth shall have their recoverie by writ of mortdauncestor . And this seemeth ...
Page 165
... whereof Littleton enumerates four manners ; and one com- pulsory , that is , by writ of partition ( 4 ) . [ 166 ] The first partition in deed betweene coparceners , ( F. N. B. 167. ) is that which Littleton here speaketh of , viz . When ...
... whereof Littleton enumerates four manners ; and one com- pulsory , that is , by writ of partition ( 4 ) . [ 166 ] The first partition in deed betweene coparceners , ( F. N. B. 167. ) is that which Littleton here speaketh of , viz . When ...
Page 165
... whereof , and with what limitations this is to be understood , it hath been declared before . Sect . 244 . A NOTHER partition there is , viz . to choose , by agreement betweene themselves , certaine of their friends , to make partition ...
... whereof , and with what limitations this is to be understood , it hath been declared before . Sect . 244 . A NOTHER partition there is , viz . to choose , by agreement betweene themselves , certaine of their friends , to make partition ...
Page 170
... ( whereof they make partition ) be to them in fee taile , and the part of the one is better in yearly value than the part of the other , albeit they be concluded during their lives to defeat the partition ; yet if the par- cener , which ...
... ( whereof they make partition ) be to them in fee taile , and the part of the one is better in yearly value than the part of the other , albeit they be concluded during their lives to defeat the partition ; yet if the par- cener , which ...
Page 171
... whereof Littleton hath spoken before in the Chapter of Socage ; the second against one as baylife ; and the third as receiver ; as here it appeareth . [ k ] For a man shall 41 E. 3. ibidem 34. 8 E. 3. 46. 8 E. 4. 6. b . F. N. B. 119. d ...
... whereof Littleton hath spoken before in the Chapter of Socage ; the second against one as baylife ; and the third as receiver ; as here it appeareth . [ k ] For a man shall 41 E. 3. ibidem 34. 8 E. 3. 46. 8 E. 4. 6. b . F. N. B. 119. d ...
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.