POSSESSIO FRATRIS. If there might have been of an use, 11. N. 10. POSSIBILITY. Not executed by the statute, 47. Where future uses are limited the feoffees have a poffibility remaining, Ns. 90. and 102. PRECIPE. Bargainee good tenant to, before enrolment if afterwards enrolled, N. 106. Bargain and sale of tenant in tail will make a good tenant to, N. 114. p. 193. PRIVITY Given by the law where it confers any estate or possession. N. 2. PURCHASER. Ever favoured in our law, 36, 37. QUEEN, Cannot be seised to an use, 59, N. 112. RECORD. Where the King is cestui que use both the conveyance and declaration must be by matter of record, 62, N. 127. REGRESS RE-ENTRY, If the feoffees may make, 53 and N, 102. RELEASE BY WAY OF ENLARGEMENT, Whether it could operate upon the use at common law, 6. N. 2. Privity of estate between the releasor and releasee neces⚫ sary to the operation of, N. 2. Would not upon strict legal principles operate upon a bargain and sale for a year under the statute without an entry by the bargainee, N. 87. : REMAINDER AND REVERTER. (See Contingent Remainders.) The consideration of those words as used in the statute, 46. A difference between an use in remainder and an use in reverter, 47. 1 LI Remainder Remainder in case of the land void where the particular estate fails, N. 118. But good notwithstanding in cases of use and devises, ibid When it shall commence, where good, N. 118. Remainder contingent, not executed to the use, 61. N. 124 RENTS. Use of rent and use of land might stand together, 18. Use on rent charge granted de novo for life executed, 44. RIGHTS. Only two in our law, and what, 5. An use neither, ibid. Division of, in civil law, 9. Not executed by the statute, 43, 47. N. 69. SCINTILLA JURIS. Taken notice of, 49. The accuracy of Lord Bacon's opinion upon the subject questioned, N. 90. SEISIN. There are but two seisins, and what, 44. If the statute gives a seisin in fact, 48 and N. 87. Who may be seised to an use, 58 to 62. Where the person seised and cestui que use is the same he shall be in by the statute, 64 to 68. Where the person seised, and cestui que use are different persons and yet shall be in by the common law, 68. How it reverts to the feoffees where future uses are limited, N. 102. Of its coming to one to whom a future use is limited, 66. SUSPENCE. See Abeyance. TAIL. Tenant in. Estate tail. If he may stand seised to an use, 59 and N. 114. Tail estate cannot be re-occupied out of a fee-simple, 66. Some opinions upon this subject canvassed, ibid. TENURE. Whether the use succeeded, 21, 22 and N. 35. Had no influence in raising an use by construction where an express use was limited, N. 114. p. 193. SHELLEY'S CASE. Rule in, taken notice of, 64. N. 133. The principal works pointed out wherein the learning respecting the rule is treated of, N. 133. STATUTE, Merchant 55, N. 107. STATUTE OF USES Considered, 31, 33. Title of in the roll, 32. -in course of pleading, ibid. Precedent of, 33. Preamble of, considered, 33 to 42. Whether intended to abolish conveyances to uses, 39 to 42, and Ns. 62, 63 and 110. Body of, expounded, 42. N. 77. The savings in, taken notice of 51 to 53. STATUTE of 1 Ric. III. Intention of, N. 42. Whether the feoffment of cestui que use under this statute avoided the intermediate acts of the first feoffees, 47, 48. N. 84. The saving in, how to be taken, N. 100. The neceffity of that saving, N. 114. p. 190. STATUTES. Some observations and rules respecting, 42, 51, 52. SUBPOENA. If it was assignable in case of use, 16, 17. N. 27. When first issued by the chancery, N. 5. Why devised, ibid, and N. 32. When it was held to lie against the heir of the feoffee and some erroneous opinions upon the subject taken notice of, N. 39. If it lay originally against any other person than the feoffee himself, N. 39. Unlawful, what, ibid. TRUST. Unlawful, was originally the use, N. 6, 8, 43 and 48. Lawful never looked upon as uses, N. 7. An opinion that trusts were introduced before uses controverted, N. s. Truft is the way to an use. Signification of the expreffion, 9. N. 8. Often used as a synonymous term with use before the statute, N. 75 and N. 125. p. 204. USE. Nature and definition of, from 5 to 9. N. 48. What it is not, 5 to 8. What it is, 9. When taken notice of by the law, 7. Parts of, 10. Properties of, ibid. Was guided by conscience and utterly differed from cases of possession, 10 to 19. N. 2. p. 73, 74. Whether it might change from one to another, 11, 12, and N. 13. A consideration necessary to raise it, and what a sufficient one, 14. N. 18 and 19. As to the preserving of uses, 14 to 16. Were transferrable, 16, 17, and N. 27. Were devisable at common law, 11, N. 12. As to the extinguishment of, 18. As to a precedent for, 19, 20. N. 29. As to the causes of, 21. Commencement and first practice of, 21 to 24, Ns. 35, 41, 46 and 47. Construction of, to feoffor when it commenced, 22, N. 37. and Whether it results by construction of law or chancery, N. 2. p. 73, 74. Where at common law, 22. Progression of, in course of statutes, 24 to 29. Original of. 25, Ns. 43, 29, 45 and 46. Statute of, considered, 31, 33. Uses were exempted from all titles in law, '37. Whether the statute intended to abolish the practice of, 39 to 42, and N. 62 and 63. Contingent, Contingent, not executed by the statute, 43, 44 Ns. 71, 76. Use cannot be to an use, and why, 44, N. 74. The position defended, N. 74. Uses not limited to bodies natural not executed, 44, and N. 76. Use gives form, 49, N. 102. p. 165. Who may be seised to, 58 to 62. Who may declare and limit, 68. As to declarations of, by baron and fem e, 70. N. 150. In what sense uses can be said to ensue the nature of the land, N. 11. Often spoken of before the statute under the words trust or confidence, Ns. 75, and 125, p. 204. Property and quality of the use not drowned in the possession since the statute, N. 80. p. 141. Ns. 102 and 132. Distinction where the use is precedent or not, as to execu tion by the statute, N. 117. Use limited in remainder when it may where void as a remainder, take effect as a springing use, N. 130. The limits and restrictions of future springing and shifting uses, and the reason for those limits, N. 130. ps. 211, and 212. N. 131. p. 227, and N. 140. An use limited to commence after a general dying without iffue, void, as being too remote, although Lord Bacon puts the case as if good, 66. N. 140. VIE. Estate pour autre, to an use, 61. N. 125. VILLEIN. Where enfeoffed to an use, the king's title related above the use, but a common person's not, 61, N. 130. Where Lord enfeoffed to the use of, the use arose not, 61. N. 121. UNCERTAIN PERSON. An estate to a person uncertain to an use not executed, 61. An use to, not executed till the person be in esse, 63. USUS FRUCTUS. What in the civil law, 19, and N. 29. WARDSHIP. Was given to the Lord of the heir of cestui que use, 23. WARRANTY |