A Digest of the Laws of England Respecting Real Property, Band 1

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Definition
10
Investiture
12
Unless so expressed and then the Widow has an Elec
13
Statute of Quia Emptores
14
Homage
15
Oath of Fidelity 52 Duties of the Lord and Vassal 55 Feudal Aids 56 Estate of the Vassal
16
lealty
17
Who must be born alive
18
In the Lifetime of the Wife
19
Lands assigned for Dower
20
And capable of inheriting the Estate
21
A Castle
24
4º Death of the Wife
25
Tenure by Knight Service 23 Incidents to
26
Who may be Tenants by the Curtesy
27
Nature of this Estate
28
The Dowress entitled to Emblements
30
Restrained from Alienation
31
Aids
33
Reliefs
34
Primer Seisin
35
Wardship
36
Marriage 39 Fines for Alienation 40 Escheat 41 Tenure by Grand Serjeanty
37
Abolition of Military Tenures
38
CHAP III
39
Of a Devisee
42
Who may forfeit
45
Changes in Socage by Stat 12 Charles II
47
Extent of a Forfeiture
50
Where Presentment is necessary
52
What dispenses with a Forfeiture
54
ESTATE IN FEE SIMPLE j Of Real Property 2 Land 6 Money to be laid out in Land 7 Heir Looms and Charters 1o Incorporeal Property 11 Of Esta...
57
Was unalienable
58
Subinfeudation
60
Who may take Advantage of a Forfeiture
61
Estate of the Lord
62
Where Equity relieves
63
His Obligation on Eviction
64
Descent of Feuds
67
Feudum Talliatum
75
How discharged
76
Investiture upon a Descent
77
Relief
78
Escheat
79
And for Disclaimer
80
Qualified Fees VOL I
81
Subject to Curtesy and Dower 38 But not to Merger
91
of the Power of Tenant in Tail over his Estate and the Modes of barring it 1 Can only alien for his own Life 4 His Alienation not absolutely void 6 So...
94
164
102
id
109
TITLE III
113
Ecclesiastical Persons are quasi Tenants for Life
121
24
122
CHAP II
129
Felling Timber
130
The Timber belongs to the Person entitled to
138
Palling down Houses
146
TITLE IV
153
Of what Things a Man may be Tenant by the Curtesy and Nature of this Estate
158
id
166
ESTATE FOR YEARS
171
CHAP I
174
CHAP II
180
371
182
id
185
130
186
Necessity of an Assignment 3 Who may assign
195
id
200
CHAP V
202
Equitable Jointures id
226
Who may take a Jointure 36 An Infant is barred by a Jointure id
228
Jointure
229
Effect of the Eviction of a Jointure
230
CHAP II
231
Of the Origin and Nature of Estates for Years
256
132
258
id
263
Estates less than Freehold
256
b 3
258
Are Chattels
263
But not allowed to commit Waste
266
Nature of
276
TITLE IX
279
CHAP II
287
Of Fines and Heriots Page
291
Provided they have a lawful Estate
311
Copyhold Grants take place of many other Estates
320
Fines upon Descent
337
No more than Two Years Value can be demanded
347
Except on Voluntary Grants
350
Fines must be assisted severally id
351
Of Heriots
352
CHAP V
356
Alienation contrary to the Custom
357
Leases contrary to the Custom
358
Unless by Licence of the Lord
359
A Covenant that a Person shall enjoy is no Forfeiture id
360
Disclaiming Tenure
361
Refusal to perform Services id
362
Refusal to pay Rent
363
Nonappearance of the Heir to be admitted id
364
Of a Person in Remainder
367
Of a Surrenderee
369
Surrender to the Lord 5 Release to the Lord 7 Conveyance by the Lord to the Copyholder 10 Enfranchisement 17 Escheat or Forfeiture 13 When t...
379
TITLE XI
386
Of the Fidei Commissum 12 Jurisdiction of the Chancellors over Uses 14 Introduction of the Writ of Subpæna
388
Of the Nature and Quality of a Use before the Statute 27 Hen VIII
394
Necessity of Confidence in the Person
397
And of Privity of Estate
398
Who might be seised to Uses
399
What might be conveyed to Uses
400
Rules by which Uses were governed
401
Could not be raised without a Consideration id
402
Might change by Matter subsequent 29 Might commence in futuro 30 Were revocable 31 Not an Object of Tenure
403
Not subject to Dower or Curtesy 35 Not extendible or Assets 36 Devisable 38 Descendible
405
CHAP III
409
Of what Estate
413
Estate Tail
414
Estate for Life
417
What may be conveyed to Uses id
418
In what Cases the Statute operates
419
3º A Use in esse
423
The Statute then transfers the actual Seisin id
424
CHAP IV
429
Uses arising upon the Execution of Powers
431
Conveyances derived from the Statute of Uses
433
Whether the Statute extends to Devises
436
Resulting Uses
438
Uses by Implication
442
No Use results but to the Owner of the Estate
443
Nor against the Intent of the Parties id
444
Nor which is inconsistent with the Estate id
445
Nor on a Devise
447
TITLE XII
451
Limitation to Trustees to pay over the Rents
455
Trust for the separate Use of a Woman
456
Trust to sell or to raise Money
457

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Seite 118 - That if no Disposition by Will shall be made of any Estate pur autre vie of a Freehold Nature, the same shall be chargeable in the Hands of the Heir, if it shall come to him by reason of special Occupancy, as Assets by Descent, as in the Case of Freehold Land in...
Seite 260 - Tenant at will is, where lands or tenements are let by one man to another, to have and to hold to him at the will of the lessor, by force of which lease the lessee is in possession.
Seite 376 - Keller his heirs and assigns. To the only proper use and behoof of the said David H. Keller his heirs and Assigns Forever And the said William H.
Seite 33 - And that all fines for alienations, tenures by homage, knight-service, and escuage, and also aids for marrying the daughter or knighting the son, and all tenures of the king in capite, be likewise taken away. And that all sorts of tenures, held of the king or others, be turned into free and common socage ; save only tenures in frankalmoign, copyholds, and the honorary services (without the slavish part) of grand serjeanty.
Seite 419 - That where any conveyance shall be made of any lands or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law, or be transferred or extinguished by an act or operation of law, then and in every such case such trust or confidence shall be of the like force and effect as the same would have been if this statute had not been made; anything hereinbefore contained to the contrary notwithstanding.
Seite 418 - June (1677) all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Seite 392 - But in the case of a devise to A. and his heirs, to the use of B. for life, remainder to the first and other sons of B. in tail, there is no reason why the seisin of A.
Seite 23 - Free services were such as were not unbecoming the character of a soldier or a freeman to perform; as to serve under his lord in the wars, to pay a sum of money, and the like. Base services were such as were fit only for peasants, or persons of a servile rank ; as to plough the lord's land, to make his hedges, to carry out his dung, or other mean employments.
Seite 335 - Tenants by Copy of Court Roll, according to the Custom of the Manor...
Seite 366 - That 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...

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