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

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J. Butterworth, 1818

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Inhalt

A Husband seised Jure Uxoris may alone make
47
How Kings Grants are construed
49
TITLE XXXV
62
CHAP IV
63
Of the Manner of levying Fines
70
Against whom 279
86
Of the several Sorts of Fines
101
In what Courts Fines may be levied and before whom acknowledged 1 Fines originally levied in all Courts III
111
Of the City of Chester
115
Of ancient Demesne 18 Of Cities and Corporate Towns
118
Who may take the Acknowledgement of Fines 21 Chief Justice of the Common Pleas 22 Justices of Wales id
119
Commissioners under a Writ of Ded Pot id
124
Rules of Court on this Subject
126
id
130
Infants
145
Of what Things a Fine may be levied and by what Descriptions
152
CHAP VIII
170
Of the Statute of Nonclaim
177
And in a Trust Estate
179
The Tenant in Tail need not be in Possession
187
And in an Advowson
193
A Fine bars the Issue in Tail before the Proclamations 194
194
A Fine does not bar Remainders
195
But lets in the Reversion
196
The Right to levy a Fine cannot be restrained
197
Exceptions in these Statutes id
198
CHAP X
199
Lay Corporations
200
Married Women id
201
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 58 But not Powers collateral
216
A Right of Entry
218
Writs of Error
219
Of the different Savings in the Statute 4 Hen VII and the Exceptions in favour of Infants Femes Covert
220
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
CHAP XII
250
Lets in the Reversion and makes it liable to Incum brances
252
Discontinues an Estate Tail and divests the Remaind ders and Reversion 1
254
Is a Revocation of a prior Devise
258
Creates a Forfeiture in some Cases
259
A Fine sur Done Grant and Render gives a new Estate
261
CHAP XIII
263
What may be assigned for Error id
281
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
Courts of Equity
309
TITLE XXXVI
320
Origin of Recoveries
321
Manner in which they are suffered
324
CHAP II
327
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
Feoffment
357
Grant
379
Rules of Court respecting Warrants of Attorney
385
Of Judgment
392
But cannot relate to a Sunday
409
CHAP IV
416
ExceptionInfant Trustees 47 Idiots and Lunatics
428
Corporations 52 Who may take by Fine
435
CHAP VI
436
CHAP VII
443
A Recovery bars an Estate Tail
452
And all Remainders and Reversions
458
The Power of suffering a Recovery cannot be
473
Parties
475
Rents
478
Advowsons
490
Of some other Effects of a Recovery 1 Is an Estoppel on Record
492
Does not alter the Descent
497
CHAP X
508
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
TITLE XXXVII
557
What Estate may be surrendered
563
Effet of a Surrender and Admittance
569
Surrenders by way of Mortgage
577
Construction of Surrenders
583
A Surrender is sometimes supplied in Equity
591

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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 542 - 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 542 - ... 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: 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.
Seite 372 - 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 369 - 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 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.
Seite 26 - Saving always to the king's most excellent Majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate...
Seite 116 - Persons above mentioned shall be of the same Force and Effect, to all Intents and Purposes, as...
Seite 48 - That it shall and may be lawful for his Majesty, his heirs and...

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