The Nature and Law of Real Property ...: Realty

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Robert Tyas, 1840
 

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Seite 23 - A statute, which was a greater acquisition to the civil property of this kingdom than even magna carta itself: since that only pruned the luxuriances that had grown out of the military tenures, and thereby preserved them in vigour ; but the statute of king Charles extirpated the whole, and demolished both root and branches.
Seite 22 - 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.
Seite 28 - Coke, comprehendeth in its legal signification any ground, soil, or earth whatsoever ; as arable, meadows, pastures, woods, moors, waters, marshes, furzes, and heath. It legally includeth also all castles, houses, and other buildings : for they consist, saith he, of two things ; land, which is the foundation, and structure thereupon : so that, if I convey the land or ground, the structure or building passeth therewith.
Seite 24 - The tenant is of age sufficient to aliene his estate by feoffment at the age of fifteen. 2. The estate does not escheat in case of an attainder and execution for felony ; their maxim being " the father to the bough, the son to the plough.
Seite 25 - England, though in particular places particular customs prevailed. These, among other properties, distinguished this tenure in a most remarkable manner; and yet it is said to be only a species of a socage tenure, modified by the custom of the country ; the lands being holden by suit of court and fealty, which is a service in its nature certain.
Seite 20 - Tenants by Copy of Court Roll, according to the Custom of the Manor...
Seite 25 - ... 3. In most places he had a power of devising lands by will, before the statute for that purpose was made. 4. The lands descend not to the eldest, youngest, or any one son only, but to all the sons together; which was indeed anciently the most usual course of descent all over England, though in particular places particular customs prevailed.
Seite 22 - that the court of wards and liveries, and all wardships, liveries, primer seisins, and ousterlemains, values and forfeitures of marriage, by reason of any tenure of the king or others, be totally taken away.
Seite 27 - For land, says sir Edward Coke, comprehendeth in its legal signification any ground, soil, or earth whatsoever ; as arable, meadows, pastures, woods, moors, waters, marshes, furzes, and heath.
Seite 34 - If there are two ditches, one on each side of the hedge, the ownership of the hedge must be proved by showing acts of ownership (e).

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