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

Front Cover
J. Butterworth, 1824 - Real property

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Selected pages

Contents

Vicars
53
Sect Page 77 III Or de non decimando
59
Act of Parliament
62
But Long Possession of a Portion of Tithes creates a Title
66
TITLE XXIII
75
Appendant
76
Appurtenant
77
Because of Vicinage
78
In Gross
79
Stinted Commons
80
Common of Turbary
82
Common annexed to Copyholds id
84
Rights of the Lord
85
Rights of the Commoners
87
Approvement of Common
89
Inclosure of Commons
93
Extinguishment of Common
95
Common may be Revived
98
TITLE XXIV
100
How claimed
101
How to be used
103
Cannot be divested
105
Who are bound to repair id
106
TITLE XXV
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 id
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
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
Dignities are real Property
167
RRKE
171
Cannot be aliened
174
But those in Remainder not affected
180
id
181
Restitution of blood
210
Where only one Heir the Abeyance terminates
226
Cases of Claims by a surviving Heir
232
Is the same as that of the ancient Barony
249
TITLE XXVII
279
A Forest
280
A Chase
282
A Park
283
A Free Warren
284
A Manor
287
Rights of the Lords as to Game
289
A Court Leet 1
295
Misuser or Abuses id
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
319
At what time payable 55 When it goes to the Executor and when to the
325
Remedies for Recovery of Rents
327
Clause of Reentry
328
Entry by way of Use
329
Ejectment
330
CHAP II
332
Subject to Curtesy
334
And to Dower
335
Rents may be granted in Remainder
336
And to commence in futuro id
337
Cannot be divested
338
How forfeited or lost
339
CHAP III
341
Apportionment of Rent Charge
346
Apportionment of Rent Service at Law
347
By the Statute 11 Geo II
350
TITLE XXIX
355
Description of a Title
356
Right of possession
357
Apparent or actual
358
Sect Page
359
And Naturalborn Subjects
365
CHAP III
372
Descents ex parte Paternā et Maternā
384
Trust Estates are within the Rule
396
Sect Page 2 Go to the Heirs of the Person in whom they first vested
429
A Right to a Remainder goes to the Half Blood
432
An Act of Ownership operates as a Seisin
434
CHAP V
438
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
For Corruption of Blood
454
Any Alienation prevents an Escheat
455
What things Escheat
457
A trust Estate does not escheat
458
Nor an Equity of Redemption
474
The Lord by Escheat may distrain for Rent
475
Entitled to a Term to attend id
476
Office of Escheator
478
Prescription by immemorial Usage Sect Page 1 Origin of Prescription
479
Prescription by immemorial Usage
481
What may be claimed by J
482
Must be beyond Time of Memory
485
And have a continued Usage
486
How a Prescription may be lost
488
Descent of Prescriptive Estates
489
CHAP II
490
Ecclesiastical Corporations
513
Tithes id
514
Fealty c
515
Nullum Tempus Act id
517

Common terms and phrases

Popular passages

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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