A Treatise on Conveyancing with a View to Its Application to Practice ...W. Clarke, 1816 - Conveyancing |
From inside the book
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Page xi
... issue extinct , are for all the purposes of merger , estates for life , and may merge in estates of that , or of a supe- rior degree .... 219 .... 222 Estates for life may merge in each other or in larger estates ...... Of the merger of ...
... issue extinct , are for all the purposes of merger , estates for life , and may merge in estates of that , or of a supe- rior degree .... 219 .... 222 Estates for life may merge in each other or in larger estates ...... Of the merger of ...
Page 11
... issue " are not in esse for a time , et tunc dormiunt , " but may be revived or awaked ; and they are said to be extinguished when 66 66 66 66 66 they are gone for ever , et tunc moriuntur , " and can never be revived ; that is , when ...
... issue " are not in esse for a time , et tunc dormiunt , " but may be revived or awaked ; and they are said to be extinguished when 66 66 66 66 66 they are gone for ever , et tunc moriuntur , " and can never be revived ; that is , when ...
Page 34
... issue , the feoffee shall enjoy the land during the life of the tenant for life . t In Bredon's case , tenant for life of land , the remainder in tail with remainder over in tail joined with the first remainder - man in levying a fine ...
... issue , the feoffee shall enjoy the land during the life of the tenant for life . t In Bredon's case , tenant for life of land , the remainder in tail with remainder over in tail joined with the first remainder - man in levying a fine ...
Page 35
Richard Preston. the death of the tenant in tail without issue . From these cases , conclusions proving the continuance of the estate for life as not merged in the remainder , will be drawn in a more full and detailed manner in a sub ...
Richard Preston. the death of the tenant in tail without issue . From these cases , conclusions proving the continuance of the estate for life as not merged in the remainder , will be drawn in a more full and detailed manner in a sub ...
Page 39
... issue in tail , and those in remainder or reversion , cannot avoid the merger : for though the merger may be prejudicial to them , by extinguishing a right or remedy for a rent , & c . reserved on the estate which is merged , yet unless ...
... issue in tail , and those in remainder or reversion , cannot avoid the merger : for though the merger may be prejudicial to them , by extinguishing a right or remedy for a rent , & c . reserved on the estate which is merged , yet unless ...
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Other editions - View all
A Treatise on Conveyancing, Vol. 3: With a View to Its Application to ... Richard Preston No preview available - 2018 |
A Treatise on Conveyancing with a View to Its Application to Practice Richard Preston, Jr. No preview available - 2015 |
Common terms and phrases
act of law afterwards annihilated application arising assigned attornment Bredon's circumstances co-parceners common recovery consequence contingent remainder continue convey conveyance copyhold court court of equity covenant curtesy death deed descent determined distinct estates doctrine of merger dower drown equity estate of freehold estate-tail executors extinguished fee-simple feme feme covert feoffee feoffment give grant ground hath heirs held immediate inheritance Inst instances intail intention interesse termini interest intitled joint-tenants land law of merger lease legal estate lessee lessor limitation lives Lord Coke mainder ment merge mesne estate moiety observations operation opinion owner ownership particular estate parties person plaintiff possibility of issue purchase reason remainder in fee remainder in tail remainder or reversion remote estate rent reversion in fee reversion or remainder reversioner rule in Shelley's seignory seised seisin shew sion statute stranger surrender tenant in tail tenure term termor tion Treport's trust Whitchurch Wiscot's
Popular passages
Page 45 - ... from the day next before the day of the date of the same indenture of bargain and sale, and by force of the statute made for transferring uses into possession), ALL THAT [parcels, general words : All the estate clause].
Page 360 - ... of and in such like estates as they had or shall have in use trust or confidence of or in the same.
Page 6 - BEFORE we conclude the doctrine of remainders and reversions, it may be proper to observe, that whenever a greater estate and a less coincide and meet in one and the same person, without any intermediate estate y, the less is immediately annihilated; or, in the law phrase, is said to be merged, that is, sunk or drowned in the greater.
Page 269 - But they must come to one and the same person in one and the same right ; else, if the freehold be in his own right, and he has a term in right of another (en outer droit) there is no merger.
Page 360 - ... where any person or persons stand, or be seised, or at any time hereafter shall happen to be seised of and in any honours, castles, manors, lands, tenements, rents, services, reversions, remainders, or other hereditaments, to the use, confidence, or trust of any other person or persons, or of any body...
Page 142 - B. and the heirs male of his body, remainder to the heirs of the body of T.
Page 7 - The estate in which the merger takes place is not enlarged by the accession of the preceding estate, and the greater or only subsisting estate continues after the merger precisely of the same quantity and extent of ownership as it was before the accession of the estate which is merged, and the lesser estate is extinguished,
Page 11 - Suspence comtneth of mapendeo, (4 Rep. 52.) and in legall understanding is taken when a seigniorie, rent, ( . ' ' profit apprender, &c. by reason of unitie of possession of the seigniorie, rent, &c. and of the land out of which they issue, are not in esse for a time, et tune dormiunt, but may be revived or awaked. And they are said to be extinguished when they are gone for ever, et tune moriuntur, and can never be revived; that is, when one man hath as high and perdurable an estate in the one as...
Page 136 - ... in case any lease shall be duly surrendered in order to be renewed, and a new lease made and executed by the chief landlord or landlords, the same new lease shall, without a surrender of all or any...
Page 361 - ... hereditaments, in like nature, manner, form, condition and course, as he or they had before in the use, confidence or trust of the same lands, tenements or hereditaments...