A Digest of the Laws of England Respecting Real Property, Band 5J. Butterworth, 1818 |
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Seite 14
... tenant for life ; for Robert Westby being tenant in tail , might have barred the remainder by a recovery : infra , f 38. and therefore this case differed from that of the Duke But not a Remainder tate for Life . of Somerset , who ...
... tenant for life ; for Robert Westby being tenant in tail , might have barred the remainder by a recovery : infra , f 38. and therefore this case differed from that of the Duke But not a Remainder tate for Life . of Somerset , who ...
Seite 176
... tail , or for years and secondly , where a tenant in tail accepted a fine from a person who had nothing in the lands . In these cases the heirs of the cognizor who were prejudiced by such fine , were allowed to avoid them by an averment ...
... tail , or for years and secondly , where a tenant in tail accepted a fine from a person who had nothing in the lands . In these cases the heirs of the cognizor who were prejudiced by such fine , were allowed to avoid them by an averment ...
Seite 181
... tail only operated as a discon- § 4 . tinuance of it , and did not bar the issue from bring- ing their formedon . But in consequence of some ambiguous expressions in this statute , it was supposed to enable tenants in tail to bar their ...
... tail only operated as a discon- § 4 . tinuance of it , and did not bar the issue from bring- ing their formedon . But in consequence of some ambiguous expressions in this statute , it was supposed to enable tenants in tail to bar their ...
Seite 183
... tail are descri- 1 Inst . 271 a . bed in the statute 4 Hen . VII . is that of privy , which 8 Rep . 42 b . has ... tenant in tail in possession levies a fine with proclamations , it will be an effectual bar to all his issue ; for they ...
... tail are descri- 1 Inst . 271 a . bed in the statute 4 Hen . VII . is that of privy , which 8 Rep . 42 b . has ... tenant in tail in possession levies a fine with proclamations , it will be an effectual bar to all his issue ; for they ...
Seite 185
... tenant in tail may convey his whole estate by fine ; so he may create any lesser estate out of it , which will likewise bind his issue after his death . 18. Thus a tenant in tail may create a term for years by fine , which will be good ...
... tenant in tail may convey his whole estate by fine ; so he may create any lesser estate out of it , which will likewise bind his issue after his death . 18. Thus a tenant in tail may create a term for years by fine , which will be good ...
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Häufige Begriffe und Wortgruppen
acknowledged act of parliament admitted advowson afterwards amended appear averment brought chirographer claim clause cognizee cognizor common law Common Pleas common recovery convey conveyance copyhold Court of Common court of equity Crown death dedimus potestatem deed defendant devised disseisin dower ejectment Eliz enacted entered equity estate tail execution fee simple feme covert feoffment fines five freehold grant heirs hereditaments infant Inst issue in tail Judges judgment Justice King King's silver lands lease lessor levied levied a fine Lord Coke manor ment non-claim operate original writ parties pass person plaintiff Plowd possession præcipe private act proclamations purchase record remainder rent saving seised seisin statute 4 Hen stranger suffer a recovery suffered a common surrender tenant in tail tenements term thereof tion trust vested void vouchee warrant of attorney words writ of covenant writ of dedimus writ of entry writ of error
Beliebte Passagen
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.