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

Cover
A. Strahan, 1818

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TITLE XXXIV
39
Page
40
A Husband seised Jure Uxoris may alone make
47
How Kings Grants are construed
49
Grant
53
39
54
id
60
TITLE XXXV
62
CHAP XII
63
When first introduced
68
Original Writ
74
47
78
Against whom
86
48
87
All the Proceedings on Fines must be recorded
93
Sur Concessit
101
In what Courts Fines may be levied and before whom acknowledged
111
Of Cities and Corporate Towns
118
CHAP V
130
Every Species of Real Property
152
CHAP VII
160
Names of the Parties not amended
167
Of the Statute of Nonclaim 1 76
177
And in a Trust Estate
179
Fines in Inferior Courts no bar to Issue in Tail
198
CHAP X
199
Lay Corporations
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
Motions to prevent Fines from being completed
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
brances
252
Discontinues an Estate Tail and divests the Remaind ders and Reversion
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
Ecclesiastical Corporations
264
Estates not divested
265
Or where the Possession is not adverse
268
Motion
286
Must be followed by an Action
309
Effect of a Recovery in barring particular Persons Estates and Interests
320
Origin of Recoveries
321
CHAP II
327
Of Voucher
336
But Persons having a prior Estate for Life must join
342
How a Tenant to the Præcipe may be made
352
147
380
CHAP III
381
148
389
All the Proceedings in Recoveries may be enrolled
414
Persons attainted 7 Infants 17 ExceptionInfant Trustees 19 Idiots and Lunatics 21 Tenants for Life 24 Who may take by Recovery CHAP VI
428
id
429
id
430
Writ of Entry
435
Names of the Parties 10 Description of the Estates 18 Judgment 20 Writ of Seisin 22 There must be something to amend by CHAP VII
436
id
440
Effed of a Recovery in barirng Estates Tail Remainders and Reversions 1 Ancient Modes of barring Estates Tail 12 A Recovery bars an Estate Tail 30...
443
Though no Use be declared
452
Parties
475
Married Women 3
476
Trust Estates
477
Powers appendant and in gross
484
But not Powers collateral
485
Conditions and conditional Limitations id
490
CHAP III
492
Exception
500
CHAP X
508
Estates in Dower and Jointures
509
Fine sur Cognizance de Droit come ceo
510
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 of Copyholds by Surrender and Admittance Page
533
id
552
Alienation by Custom 5 Surrender 16 Who may surrender 23 What Estate may be surrendered 28 To whose Use a Surrender may be made 36 Presen...
557
5621
563
id
583
A Surrender is sometimes supplied in Equity
591
CHAP II
593
Effect of such a Recovery on a Descent
598
Within what time
604
Surrender
605
A Custom to bar by Surrender or by Recovery is good
606
A Grant of the Freehold will destroy an Estate Tail
609
How an Equitable Entail may be barred
611
How conditional Fees are barred
613
Effect of Releases
614

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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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