A Digest of the Laws of England Respecting Real Property, Volume 3

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J. Butterworth, 1824 - Real property

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Contents

Remitter
18
Joint Tenants
19
Presentation
20
Tenants in Common
21
Effect of a Partition 35 Mortgagors may nominate
22
And Tenants by Statute Merchant 38 And Bankrupts 39 Who are disabled from presenting
24
Lunatics
25
Examination of the Clerk 51 Of Simony
26
Institution
27
Nor extinguished by a new Title
29
Procuring a Presentation for Money 61 Sale of the Presentation during a Vacancy 67 Sale of the next Presentation good 70 Exception
32
Resignation 76 Bonds of Resignation
34
Dignities forfeited by attainder for Treason
36
But those in Remainder not affected
39
359
41
TITLE XXII
42
And also for Felony
44
Personal Tithes
45
Except dignities in tail
46
What things are not titheable
47
Corruption of Blood
49
Does not extend to entailed Dignities
51
To whom Tithes are payable
52
Rectors or Parsons 54 Vicars
53
Portionists 60 The King 61 Lords of Manors
54
Lay Impropriators 67 What Estate they may have
55
A Dignity formerly lost by Poverty
59
Not within the Statutes of Limitation
62
Prescription de modo decimandi
75
Common may be apportioned 47 Rights of the Lord
85
Rights of the Commoners 59 Approvement of Common
89
Inclosure of Commons 81 Extinguishment of Common 82 1 By Release 83 11 By Unity of Possession 91 111 By Severance 92 iv By Enfranchisem...
95
Common may be Revived
98
TITLE XXV
99
TITLE XXIV
100
OFFICES Sect Page 1 Nature of
108
How created
109
Offices incident to others
110
Bishops c may grant Offices
111
What Offices may be granted to two Persons
115
What Estate may be had in an Office
116
What Offices may be granted in Reversion
118
What Offices may be entailed
120
When subject to Curtesy and Dower
121
Some Offices may be assigned 53 Who may hold Offices
122
When exerciseable in Person and when by Deputy
124
What Oaths c required
127
Statutes against Selling or Buying Offices
128
What Offices are not within this Statute
130
Where Equity will interpose
131
How Offices may be lost
132
By Acceptance of an incompatible Office
134
By the Destruction of the principal
135
TITLE XXVI
137
Names of Dignities
143
Dignities by Tenure
145
44 Have sometimes gone with Castles Manors
149
Dignities by Charter
156
By Writ
157
The Person summoned must sit
158
Are Hereditary
160
Writs to the eldest Sons of Peers
163
By Letters Patent
164
id
181
182
183
360
197
CHAP III
215
Descent of Dignities by Tenure 4 Descent of Dignities by Writ
216
Abeyance of Dignities
219
The Crown may terminate the Abeyance 24 Modes of terminating an Abeyance 26 Effect of a Writ to one of the Heirs of a Coheir 28 Cases of Claim...
221
224
226
244
249
TITLE XXVII
252
FRANCHISES Sect Page 1 Nature of
279
Wreck
297
Estray
298
Treasure Trove
299
A Free Fishery
300
A Hundred
303
How Franchises may be claimed 96 How they may be lost 97 Reunion in the Crown
307
Surrender vulcaldes 100 Misuser or Abuses 104 Nonuser
308
TITLE XXVIII
311
Rent Service
312
Rent Charge
313
Rent Seck
314
What gives Seisin of a Rent
315
Out of what a Rent may be reserved id
317
To what persons
319
At what time payable
323
When it goes to the Executor and when to the res Heir
325
Remedies for Recovery of Rents
327
CHAP II
332
Cannot be divested
338
CHAP II
341
Discharge of Rent Charge 345
345
TITLE XXIX
355
Descent and Consanguinity 1 Nature of Descent
362
What goes to the Heir 5 Consanguinity
363
Who may be Heirs 8 They must be Legitimate 12 And Naturalborn Subjects 19 Or naturalized or made Denizens 20 A Title may be deduced throug...
364
Rule
368
CHAP III
372
CanonInheritances lineally descend 2 Rule that Nemo est Hśres viventis 3 The Ancestor must die seised
373
Exceptions to this Rule
374
Heir
376
CanonMales preferred to Females 21 11 CanonThe eldest Male succeeds
377
But Females equally 26 iv CanonRight of Presentation 30 v CanonCollateral Descents 31 The Heir must be of the Blood of the first Pur chaser
380
Descents ex parte Patern‚ et Matern‚ 37 What Acts will alter the Descent 46 What Acts will not have that Effect 50 vi Canon proximity 51 Exclusion...
387
What Seisin necessary to exclude 65 Trust Estates are within the Rule 66 And Advowsons Tithes
396
Canon The Male Stocks preferred 72 Mode of tracing an Heir at Law 81 Observations on Blackstone
401
id
425
An Act of Ownership operates as a Seisin
429
CHAP V
438
Descent of Estates Tail 6 Go to the Half Blood 7 No Corruption of Blood
439
Customary Descents
441
Gavelkind id
442
Copyhold Descents
443
The Half Blood excluded
444
Construed strictly
446
TITLE XXX
451
Of Escheat
452
For Default of Heirs
453
1l For Corruption of Blood
454
14 No Escheat where there is a Tenant id
455
Nor an Equity of Redemption 29 Nor Money to be laid out in Land 30 To whom Lands Escheat
474
The Lord by Escheat may distrain for Rent 33 Entitled to a Term to attend 35 And to all Charters id
475
Was not bound to execute a Use
476
Is not subject to a Trust id
478
Prescription by immemorial Usage Sect 1 Origin of Prescription Page
479
Prescription by immemorial Usage
481
387
482
Must be beyond Time of Memory
485
And have a continued Usage
486
And be certain and reasonable 35 How a Prescription may be lost
488
CHAP II
490
Statutes of Limitation
491
As to Writs of Right id
492
As to Entry on Lands
494
id
495
Effect of Twenty Years Possession
496
The Possession must be adverse id
498
34 Where a new Right accrues a new Entry is given
508
How an Entry is to be made
511
Must be followed by an Action id
512
What are not within them id
513
Tithes id
514
Rents created by Deed id
515
Nullum Tempus Act id
517

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Page 171 - ... rerum, an end of names and dignities, and whatsoever is terrene, and why not of De Vere ? For where is Bohun ? Where is Mowbray ? Where is Mortimer ? Nay, which is more and most of all, where is Plantagenet ? They are entombed in the urns and sepulchres of mortality. And yet let the name and dignity of De Vere stand so long as it pleaseth God!
Page 108 - Offices, which are a right to exercise a public or private employment, and to take the fees and emoluments thereunto belonging, are also incorporeal hereditaments, whether public, as those of magistrates, or private, as of bailiffs, receivers, and the like.
Page 351 - ... if such tenant for life die on the day on which the same was made payable, the whole, or if before such day then a proportion, of such rent, according to the time such tenant for life lived of the last year or quarter of a year or other time in which the said rent was growing due as aforesaid, making all just allowances, or a proportionable part thereof respectively...
Page 343 - ... when the party by his own contract creates a duty or charge upon himself he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 378 - On failure of lineal descendants, or issue, of the person last seised, the inheritance shall descend to his collateral relations, being of the blood of the first purchaser; subject to the three preceding rules.
Page 272 - Where the legitimacy of a child, in such a case, is disputed, on the ground that the husband was not the father of such child, the question to be left to the jury is, whether the husband was the father of such child? and the evidence to prove that he was not the father must be of such facts and circumstances as are sufficient to prove, to the satisfaction of a jury, that no sexual intercourse took place between the husband and wife at any time, when, by such intercourse, the husband could, by the...
Page 116 - If an office be granted to a person quamdiu se bene gesserit, the grantee has an estate for life ; for as nothing but misconduct can determine his interest, no one can prefix a shorter time than life ; since it must be by his own act, which the law will not presume, that his estate can determine.
Page 481 - ... therefore, for such things as can have no lawful beginning, nor be created at this day by any manner of grant, or reservation, or deed that can be supposed, no prescription is good.
Page 515 - But as often as parliament had limited the time of actions and remedies to a certain period, in legal proceedings, the Court of Chancery adopted that rule, and applied it to similar cases in equity.
Page 378 - ... result back to the heirs of the body of that ancestor, from whom it either really has, or is supposed by fiction of law to have originally descended: according to the rule laid down in 'the year booksP, Fitzherbert'i, Brook r, and Hale9, " that he who would have been heir to the father of the deceased...

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