A Treatise on Conveyancing with a View to Its Application to Practice ...W. Clarke, 1816 - Conveyancing |
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Page 19
... mainder would continue longer than the estate in possession . And when the law carried the rule to the extent , by which it operates in some particular cases , to the exclusion , and in destruction , of contingent interests , it did a ...
... mainder would continue longer than the estate in possession . And when the law carried the rule to the extent , by which it operates in some particular cases , to the exclusion , and in destruction , of contingent interests , it did a ...
Page 26
... mainder , before he is capable of a surren- der , as in the instance of an interposed estate . The rule nemo potest esse dominus et tenens , admits of similar distinctions , as between the tenant and the lord of the seignory . Therefore ...
... mainder , before he is capable of a surren- der , as in the instance of an interposed estate . The rule nemo potest esse dominus et tenens , admits of similar distinctions , as between the tenant and the lord of the seignory . Therefore ...
Page 50
... to the other estates . Thirdly , The estate in reversion or re- mainder must be as large as , or larger than 50 ON MERGER . Enumeration of the circumstances which must con- cur in order to accomplish the operation of law of merger.
... to the other estates . Thirdly , The estate in reversion or re- mainder must be as large as , or larger than 50 ON MERGER . Enumeration of the circumstances which must con- cur in order to accomplish the operation of law of merger.
Page 51
Richard Preston. mainder must be as large as , or larger than , the preceding estate . Fourthly , The several estates must be held in the same legal right ; or when the estates are held in different legal rights , one of them must not be ...
Richard Preston. mainder must be as large as , or larger than , the preceding estate . Fourthly , The several estates must be held in the same legal right ; or when the estates are held in different legal rights , one of them must not be ...
Page 56
... mainder - man must prosecute a real action . By these means alone can he restore him- self to the seisin under his original title . No conveyance by the tenant for life , or entry , can avail the rightful owner of the estate - tail , to ...
... mainder - man must prosecute a real action . By these means alone can he restore him- self to the seisin under his original title . No conveyance by the tenant for life , or entry , can avail the rightful owner of the estate - tail , to ...
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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...