Questions and Answers on Real Property ...

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John Byrne, 1909 - 57 pages

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Page 49 - It is a rule of law, when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail ; that always in such cases 'the heirs' are words of limitation of the estate and not words of purchase,
Page 48 - ORFEITURE is a punishment annexed by law to some illegal act, or negligence, in the owner of lands, tenements, or hereditaments : whereby he loses all his interest therein, and they go...
Page 47 - That 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. (6) That the collateral heir of the person last seised must be his next collateral kinsman of the whole blood.
Page 46 - That the lineal descendants in infinitum of any person deceased shall represent their ancestor ; that is, shall stand in the same place as the person himself would have done had he been living.
Page 46 - I. The first rule is, that inheritances shall lineally descend to the issue of the person who last died actually seised in infinitum: but shall never lineally ascend.
Page 3 - God said, let us make man in our image, after our likeness: and let them have dominion over the fish of the sea, and over the fowls of the air, and over the cattle, and over all the earth, and over every creeping thing that creepeth upon the earth.
Page 49 - It is a rule of law, that when the ancestor, by any gift or conveyance, takes an estate of freehold ; and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs in fee or in tail, that always in such cases, the heirs are words of limitation of the estate, and not words of purchase.
Page 5 - Tenement is a word of still greater extent, and though in its vulgar acceptation it is only applied to houses and other buildings, yet in its original, proper, and legal sense it signifies everything that may be holden, provided it be of a permanent nature ; whether it be of a substantial and sensible, or of an unsubstantial, ideal kind.
Page 47 - Littleton ;* the possession of lands and tenements, which a man hath by his own act or agreement, and not by descent from any of his ancestors or kindred. In this sense it is contradistinguished from acquisition by right of blood, and includes every other method of coming to an estate, but merely that by inheritance: wherein the title is vested in a person, not by his own act or agreement, but by the single operation of law.
Page 8 - States has defined a franchise as a special privilege conferred by the government upon an individual or corporation, which does not belong to citizens of the country generally by common right.

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