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

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Effect of the General Saving
25
May be relieved against
31
TITLE XXXIV
39
Grants of Franchises
40
Of Crown Lands id
47
Of Lands acquired by Escheat or Forfeiture
48
How Kings Grants are construed
49
Exceptions
55
TITLE XXXV
62
Origin of Fines
63
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
Sur Concessit
106
Fine sur Cognizance de Droit come ceo c
107
Sur Done Grant and Render
108
CHAP IV
111
Court of Common Pleas
112
Of the County of Lancaster
113
Of the County of Chester
114
Of the City of Chester id
115
Of the Great Sessions in Wales
116
Of the Isle of Ely id
118
Who may take the Acknowledgement of Fines
119
Commissioners under a Writ of Ded Pot id
124
Rules of Court on this Subject
126
CHAP V
130
Aliens
144
ExceptionInfant Trustees
147
Idiots and Lunatics
148
Corporations
150
Every Species of Real Property
152
CHAP VII
160
Names of the Parties pot amended
167
Of the Statute of Nonclaim
176
And in a Trust Estate
193
A Fine bars the Issue in Tail before the Proclamations
194
A Fine does not bar Remainders
195
But lets in the Reversion
196
Effect of the Warranty in a Fine id
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
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
A Rent Right of Way and Common
270
Estates in Dower and Jointures
273
Estates Tail of the Gift of the Crown for Services
274
Reversions in the Crown id
275
CHAP XIV
276
The Parol demurs for Infancy
281
Manner of Reversal
282
Must be brought within Twenty Years
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
299
TITLE XXXVI
320
RECOVERY CHAP I
321
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
There must be a Writ of Scire facias
533
The Parol demurs for Infancy
534
What may be assigned for Error
535
Must be brought within Twenty Years
550
How it may be barred
551
A Recovery may be falsified id
552
Courts of Equity
553
TITLE XXXVII
557
Surrender
559
Who may surrender
561
What Estate may be surrendered
563
Presentment
565
Admittance
566
Who may admit
568
The Admittance must be according to the Surrender id
569
The Admittance relates back to the Surrender
570
Surrenders by way of Mortgage
577
A Surrender will not destroy a contingent Remainder
578
A Surrender and Resurrender alters the Descent
580
Construction of Surrenders id
583
A Surrender is sometimes supplied in Equity
591
CHAP II
593
Effect of such a Recovery on a Descent
598
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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