A

SYSTEMATIC ARRANGEMENT

OF

LORD COKE'S FIRST INSTITUTE

OF

LAWS OF ENGLAND,

ON THE PLAN OF SIR MATTHEW HALE'S ANALYSIS;

WITH THE

ANNOTATIONS OF MR. HARGRAVE, LORD CHIEF JUSTICE HALE,
AND LORD CHANCELLOR NOTTINGHAM;

AND A NEW SERIES OF NOTES AND REFERENCES TO THE PRESENT TIME,

INCLUDING

TABLES OF PARALLEL REFERENCE, ANALYTICAL TABLES OF CONTENTS,

SECOND AMERICAN FROM THE LAST LONDON EDITION: TO WHICH ARE ADDED the
NOTES OF CHARLES BUTLER, ESQ.

Philadelphia:

ALEXANDER TOWAR, 19, ST. JAMES STREET.

1836.

ANALYTICAL

TABLE OF CONTENTS

TO VOLUME III.

BOOK II.

OF THE LAW OF TENURES AND REAL PROPERTY.

CHAP. XLVII.

Of Injuries to Real Property, by Abatement, In-
trusion, and Disseisin, and of the Remedy by
Entry.

I. DEFINITION of abatement, disseisin, intrusion,

deforcement, usurpation, and purpresture, page

1 to 4. II. Disseisin of things corporeal, 4.

Entry into lands no disseisin without an ouster

of the freehold, 5 to 7. III. Disseisin of

things incorporeal, 7. Rescous, 7 to 10. Re-

plevin, 10. Inclosure, 10, 11. Counterplead-

ing of the title, 12. Denial, 13. Forestaller,

14. IV. Remedy by entry, 15. In the case

of lands lying in the same county, entry into

part in the name of the whole regains the

seisin of all in the same county, ib. But a

general entry into part regains that part only,

16. So where several actions are required, as

in case one be disseised by two several dis-

seisors, ib.; or by one disseisor, who leases to

three severally for life, 17. But where the dis-

seisor lets to several for years, one entry is

sufficient, ib. So in case of disseisin of seve-

ral parcels of land, at several times, by the

same disseisor, ib. But in case of several titles

of entry by force of several conditions, several

entries are necessary, ib. Secus if there be

several parcels of land subject to one condi-

tion, ib. In the case of lands lying in differ-

ent counties, several entries must be made, ib.

Entry by a stranger, to the use of the disseisee,

is good, 18. But to avoid a fine, with proclama-

tions, such entry must be made either by a pre-

ceding command, or subsequent assent, within

five years, 18, 19. Entry may be made on the

disseisor, though after long possession, 20.; or

on his feoffee, ib. But not after a descent, ib.

In what cases the heir may enter, though his

ancestor could not, 21, 22.

CHAP. XLVIII.

Of Descent, being an act of Law, whereby Entry

is taken away.

Descents which take away entry, are either in
fee; as when the disseisor dies seised, and the
lands descend to his heir, 23.; or in tail, as
when the disseisor's donee in tail dies seised,
and the lands descend to his heir, 24. So in
case of abators or intruders, or their feoffees

or donees dying seised, &c. ib. Descent cast

on death of the recoveree before execution is no

bar to the recoveror, ib. Secus in case of a

disseisin of the recoveree after execution, ib.

Diversity between a recovery of land and a

recovery by an advowson, 25. I. Circum-

stances necessary to a descent which tolls en-

try, ib. Must be a dying seised, ib. Seisin

in law sufficient, ib. Descent must be of

lands, or other corporeal hereditaments, 26.

and the ancestor must die seised of the fee, or

fee-tail, ib. and freehold, 27. Descent may be

either to a lineal or collateral'heir, 28. Dissei-

sor by stat. 32 H. 8. c. 33. must have been in

quiet possession five years before the dying

seised, ib. But this statute extends not to

abators or intruders, 29.; or to feoffees, ib.

Construction of this statute, ib. II. Entry

tolled by a descent, in what cases revived, ib.

As to the whole, ib. Entry tolled by descent

of an estate-tail, on the expiration of that

estate, revives, 30. So it is where the dissei-

sor infeoffs his grandfather, and after a descent

cast, the lands come to the disseisor by descent,

ib.; or purchase, ib. ; or where a descent to the

heir of disseisor's alienee is afterwards avoided

by him by reason of his infancy, 31; or for

breach of a condition, 32. As to part, 33.

On endowment after a descent cast, entry re-

vives as to the wife's third part, 33, 34. III.

What descents do not toll entry, 35. Entry

not tolled by a mediate descent, ib. Descent

to the heir of a feme disseisor on the death of

tenant by curtesy, is no bar to the disseisee,

ib. Nor in case of a posthumous heir, 36.