A Digest of the Laws of England Respecting Real Property, Band 5

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J. Butterworth, 1818

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What passes by General Words
50
Feoffment
51
Where the King is deceived
53
Exceptions
55
TITLE XXXV
62
Origin of Fines
63
Description of
66
Taken from the Roman Law
67
When first introduced
68
CHAP II
70
Present Manner
73
Original Writ
74
Licentia Concordandi
77
Concord
83
Similar to a Judgment
85
Against whom 279
86
Note
87
All the Proceedings on Fines must be recorded
89
No Averment against the Record of a Fine
91
Exception
93
Motions to prevent Fines from being completed
94
Felony to acknowledge a Fine in the Name of another
95
When it begins to operate
96
Of the Proclamations
99
CHAP III
101
In what Courts Fines may be levied and before whom acknowledged
111
Of Cities and Corporate Towns
118
CHAP V
130
Infants
145
Every Species of Real Property
152
CHAP VII
160
Names of the Parties not amended
167
Of the Statute of Nonclaim
175
And in a Trust Estate
179
Fines in Inferior Courts no bar to Issue in Tail
198
CHAP X
199
Lay Corporations 200
200
As to their own Estates
202
As to Dower and Jointure
203
Effect of a Covenant that a married Woman shall levy a Fine
207
Trust Estates
208
Terms for Years
211
Copyholds
213
Estates held by Statute Merchant c
214
Powers Appendant and in Gross id
216
A Right of Entry
218
Writs of Error
219
CHAP XI
220
And Bishops Deans c
234
And Persons having Offices
235
And Strangers having different Rights id
238
Exceptions in favour of Infants c
239
Page
241
Case of Persons dying under their Disabilities
246
Sometimes operates as a Release or Grant
250
Estate
261
CHAP XIII
263
Ecclesiastical Corporations
264
Estates not divested
265
Or where the Possession is not adverse
268
Manner of Reversal
282
Must be brought within Twenty Years id
283
Writ of False Judgment
284
Motion
286
Modes of avoiding the Effects of a Fine id
287
Actual Entry
288
Must be followed by an Action
292
Plea that the Parties had no Estate id
297
Grants of Franchises
305
Courts of Equity
309
TITLE XXXVI
320
Origin of Recoveries
321
CHAP II
327
Construed favourably
329
Tenant to the Præcipe who must have the Freehold
330
At what time the Tenant must have the Freehold
335
Leases for Lives need not be surrendered 239
341
A Surrender is sometimes presumed
342
How a Tenant to the Præcipe may be made
352
Though no Use be declared
353
How Kings Grants are construed
355
CHAP III
381
CHAP IV
416
ExceptionInfant Trustees
428
Tenants for Life
434
Corporations
435
CHAP VI
436
Description of the Estates
438
Judgment
440
There must be something to amend by id
441
CHAP VII
443
And an Entail of a Rentcharge
462
Effect of Recoveries with single and double Voucher
463
The Power of suffering a Recovery cannot be re strained
473
An Heir in Tail allowed to inspect Title Deeds
474
Parties
475
Married Women
476
Trust Estates
477
Rents
478
Powers appendant and in gross
484
But not Powers collateral
485
Conditions and conditional Limitations id
490
CHAP IX
492
Exception
500
CHAP X
508
Estates in Dower and Jointures
509
Estates held Jure Uxoris
515
Estates Tail granted by the Crown for Services
517
Reversions vested in the Crown
528
Estates held by Elegit
529
Executory Devises
530
CHAP XI
531
Who may bring it
532
Alienation by Custom
558
Presentment
565
471
579
A Surrender will not destroy a contingent Remainder
583
52
587
Advowsons
590
CHAP II
593

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Seite 538 - From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court...
Seite 27 - And be it further enacted, that this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded.
Seite 368 - Mansfield in regard to another branch of law, that "the more we read, unless we are very careful to distinguish, the more we shall be confounded.
Seite 18 - ... fees, views of frankpledge, escheats, reliefs, mines, quarries, goods and chattels of felons and fugitives, felons of themselves, and put in exigent, deodands, free warrens, and all other royalties and seigniories, rights and jurisdictions, privileges and hereditaments whatsoever.
Seite 260 - ... shall be utterly void and of none effect, to all intents, constructions and purposes ; any law, custom, or usage to the contrary anyways notwithstanding.
Seite 538 - Court: secondly, that the judgment of a court of exclusive jurisdiction, directly upon the point, is, in like manner, conclusive upon the same matter, between the same parties, coming incidentally in question in another Court, for a different purpose. But neither the judgment of a concurrent or exclusive jurisdiction is evidence, of any matter which came collaterally in question, though within their jurisdiction ; nor of any matter incidentally cognizable ; nor of any matter to be inferred by argument...
Seite 365 - Seisin is a technical term to denote the completion of that investiture by which the tenant was admitted into the tenure, and without which no freehold could be constituted or pass.
Seite 118 - Scavengers and to Displace all or any of them and to put others in their rooms and to add to or Diminish...
Seite 367 - A particular tenant, according to feudal notions, was in as of the seisin of the fee, of which his estate was a part If he aliened the fee (which he could only do by solemn feoffment, with the concurrence of the lord of whom the fee was held), he forfeited his particular estate, for having betrayed his seisin with which he was intrusted : but on account of the privity and confidence between him and the reversioner, and the notorious solemnity of the act of investiture, his feoffment disseised the...
Seite 41 - Corpus, according to the true intent and meaning of this act, may be directed and run into any county palatine, the cinque ports, or other privileged places within the kingdom of England, dominion of Wales, or town of Berwick-upon-Tweed, and the Islands of Jersey or Guernsey ; any law or usage to the contrary notwithstanding.

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