Page images
PDF
EPUB

17. What four requisites are necessary to! 15. In what case is a tenant at will entitled in make a tenancy by the curtesy? 127.

emblements ? 146. 8. What does the husband become by the 16. What act amounts to a determination of birth of the child; and what is he not till the the will on either side ? 146. death of the wife? 127, 128.

17. How have courts of law leaned in con19. What is a tenancy in dower ? 129.

structing denises where no certain term is men20. Who may and may not be endowed ? 130. tioned ? 147.

21. What crimes of the husband bar the wife's 18. What notice is requisite to determine a dower ? 130, 131.

tenancy from year to year? 147. 22. Of what may and may not a wife be en | 19. In what one species of estate at will is the dowed? 131.

will qualified by what? 147, 148. 23. Upon what principle are all endowments 20. What seems to have been the reason why made? 131.

the absolute freehold was never granted by lor is 24. How long must the husband be seised of to their villeins ? 148, 149. land in order to entitle the widow to dower ? 132. 21. What kind of freehold have customary free

25. What is usually called the widow's free holders ? 149. bench? 132.

22. What are the comparative advantages of 26. What are the four species of dower now interest between a copyholder of inheritance with subsisting? 132, 133.

a fine certain and an absolute freeholder ? 150. 27. Of what part of his lands might a hus- 23. What is an estate at sufferance ? 150. band endow his wife ad ostium ecclesiæ ? 133-135. 24. Against whom can no man be tenant a

28. What is now the only usual species of en-sufferance ? 150. dowment? 135.

25. How must an owner of lands vary his 29. What is called the widow's quarantine? proceeding in an action of trespass against a 135.

tenant by sufferance from the same action against 30. What is a writ of admeasurement of dower ? a stranger ? 150. 136.

26. What have the statutes 4 & 11 Geo. II. c. 31. How may dower be barred or prevented ? | 23 and 19 enacted in the cases of a tenant's hold136, 137.

ing over his term or his own notice to quit ? 151. 32. How is a jointure defined by Sir Edward Coke? 137.

CHAP. X.-Of Estates upon Condition. 33. What did the statute of uses provide as to barring a wife of dower? 137, 138.

1. What are estates upon condition ? 152. 34. What four requisites must be punctually

2. Of what two sorts are estates upon condition? observed to make a jointure good ? 138.

152. 35. What if the jointure be made to the wife

3. What three other conditional estates are in. after marriage ? 138.

cluded under this last sort? 152. 36. What if the jointress be evicted of her

4. What are estates upon condition implied in jointure on account of its being made on a bad title? 138,

5. By what two breaches of an implied con37. What are the comparative advantages of dition may an office be forfeited ? 153. situation between tenant in dower and jointresses ?

6. How do a public and a private office differ in 138, 139.

respect of forfeit? 153.

7. Upon what principle proceed all the for. CHAP. IX.--Of Estates less than Freehold

feitures which are given by law of life estates and

others ? 153. 1. What are the three sorts of estates less than 8. What is an estate on condition expressed? freehold ? 140.

154. 2. What is an estate for years ? 140.

1 9. Of what two sorts are condition expressed! 3. What is a month in law? 141.

154. 4. What is a lease for a twelvemonth? 141. 10. What is an estate " to a man and his heirs,

5. How many hours does the law reckon in tenants of the manor of Dale" ? 154. the space of a day? 141.

11. What is the distinction between a condi6. How might a lessee estate be defeated by the tion in deed and a limitation or condition in law ? ancient law? 142.

155. 7. What is an indispensable requisite to an 12. In all instances of limitations or conditions estate for years? 143.

subsequent, where the condition is contingent and 8. Why cannot a lease for life commence in uncertain, what estate has the grantee so long as futuro, though a lease for years may? 143, 144. the condition remains unbroken ? 156.

9. What right has a tenant for years in the tene- 13. When are conditions void ? 156 ment? 144.

14. When are estates, upon void conditions, ab10. Of what is he possessed when he has en solute in the tenant, and when in the feoffor! 157. tered the tenement? 144.

15. Of what two kinds are estates held in vadio, 11. What is the legal difference between the in gage, or pledge? 157. term and the time of a lease for years ? 144.

16. What iš vivum vadium, or living pledge ! 12. What are the incidents to an estate for years? | 157. 144, 145.

17. What is mortuum vadium, dead pledge or 13. What is the difference of situation between mortgage ? 157, 158. a tenant for life and a tenant for years with regard 18. Who was tenant in mortgage ? 158. to emblements ? 145.

19. Whence is the origin of granting a long 14. What is an estate at will? 145.

term of years by way of mortgage? 158.

15

163.

20. What is equity of redemption? 159.

27. What has been settled in order to prevent 21. What is a foreclosure? 159.

the danger of perpetuities as to the persons to 22. What are estates held by statute merchant whom remainders may, by an executory devise, be and statute staple? 160.

limited over after a term of years has been given 23. What is an estate by elegit? 161.

to one man for his life ; and what has been also 24. Why are estates by statute merchant, statute settled as to the contingencies upon which sucb staple, and elegit, chattel interests, and not freehold? remainders may be limited to take effect ? 174, 161, 162.

175.

28. What is an estate in rewrsion ? 175. CHAP. XI.-Of Estates in Possession, Remainder, 29. What are the two usual incidents to rever and Reversion.

sions? 176.

30. What is enacted by the statute 6 Anne, c. 1. Of what two natures are estates with regard

18 in order to assist such persons as have any to the time of their enjoyment ? 163.

estate in remainder, reversion, or expectancy, after 2. What two sorts of expectancy are there ; ! the death of others, against fraudulent concealand by what acts are they severally created ?

ments of their deaths ? 177.

31. What happens whenever a greater estate 3. What is the difference between estates ex- and a less coincide in the same person in the ecuted and estates executory? 163.

same right without any intermediate estate ? 4. What may an estate in remainder be defined 177. to be? 164.

32. What one exception is there to this rule; 5. When lands are granted to A. for twenty land what is the reason of this exception? 177, years, with remainder to B. and his heirs forever, 178. are not these two estates? 164.

6. What are the three rules laid down by law CHAP. XII.- Of Estates in Severalty, Jointto be observed in the creation of remainders?

Tenancy, Coparcenary, and Common. 165, 167, 168.

7. What is called the particular estate? 165. 1 1. In what four different ways may estates be

8. Why cannot an estate of freehold be created held with respect to the number and connections to commence in futuro? 166.

of their owners ? 179. 9. Is a remainder an estate commencing in præ- 2. Who is tenant in severalty ? 179. senti or in futuro? 165, 166.

3. What is an estate in joint-tenancy? 179. 10. What particular estate will, and when will 4. How may this estate be created ? 180. a particular estate not, support a remainder over ? 5. From what are the properties of a joint-estate 166, 167.

derived ? 180. 11. Can a remainder be granted of a chattel in- 6. Of what four kinds is the unity of a jointterest? 167.

estate? 180-182. 12. In what case is it necessary that a lessee 7. If an estate in fee be given to a man and for years should have livery of seisin? 167. his wife, how are they seised? 182.

13. Need the precedent particular estate and the 8. Upon the decease of one joint-tenant, what remainder be in esse at one and the same time share of the estate remains to the survivor; and during the continuance of the first estate; or what why? 183, 184. latitude is allowed ? 168.

9. Why cannot the king, or any corporation, bo 14. Of what two sorts are remainders ? 168. joint-tenant with a private person? 184.

15. What are vested or executed remainders ? 10. How may an estate in joint-tenancy be 168, 169.

severed and destroyed ? 185. 16. On account of what two sorts of uncer- 11. But why is a devise of one joint-tenant's tainty may remainders be contingent or executory? share by will no severance of the jointure ? 186. 169.

12. In what case is it disadvantageous for 17. What is enacted by statute 10 & 11 W. III. joint-tenants to dissolve the jointure ? 186. c. 16 as to posthumous children taking remainders ? 13. What is an estate held in coparcenary? 187. 169.

| 14. Who are parceners by common law? 187 18. What are potentia propinqua and potentia 15. Who are parceners by particular custom? remotissima? 170.

187. 19. Why cannot a contingent remainder of free- 16. What are the properties of parceners 188. hold be limited on any particular estate less than 17. Which of the four unities of a joint-estate a freehold ? 171.

have parceners ? 188. 20. How may contingent remainders be defeated ? 18. In what five points do parceners differ 171.

from joint-tenants ? 188. 21. Is there no way of preventing this defeat ? 19. What are the five methods in which parce171.

ners may make partition? 189. 22. What is an executory devise ? 172. | 20. What is the law of hotchpot, which is in

23. In what three points does it differ from acident to this estate ? 190, 191. remainder ? 172, 173.

| 21. In what three ways may an estate in co24. Why may a devise of freehold commence in parcenary be dissolved ? 191 futuro? 173.

22. Who are tenants in common? 191-193. 25. Within what time does the law's abhorrence 23. Which of the four unities of a joint-estate of a perpetuity declare that the contingencies of an have tenants in common? 191. executory devise ought to be such as may happen? | 24. By what two means may tenancy in com

mon be created ? 192, 193. 26. Why does the law abhor a perpetuity ? 174. 25. Does the law, in its construction of a

173, 174.

deel, favour joint-tenancy or tenancy in common? | half-blood of the person last seised, so that it be 193.

| the blood of the first purchasor ; and why? 233. 26. What are the incidents attending a tenancy 23. For this reason, in what kind of estate is in common? 194.

half-blood no impediment to the descent ? 233. 27. In what two ways only can estates in 24. What is the seventh and last rule or canon common be dissolved ? 194.

oo inheritance ? 234.

25. What is the most probable original of this CHAP. XIII.-Of the Title to Things Real in Ge- rule? 235. neral.

26. When is this rule totally reversed ? 286. 1. What is the title to things real ? 195. 2. What are the four several stages or degrees

CHAP. XV.–Of Title by Purchase; and, first, by requisite to form a complete title to lands and

Escheat. tenements ? 195–197, 199.

1. What is purchase, taken in its largest and 3. What is the mere naked possession; how most extensive sense ? 241. may it happen; and in what degree is it a legal 2. If an estate be made to A. for life, remainder title? 195, 196.

to his right heirs in fee, by what shall the heirs 4. What are the two sorts of right of posses- take ? 242. sion; and by what means may the first grow 3. What was meant by calling William the into the second ? 196, 197.

Norman Conqueror? 243. 5. What is the mere right of property; and 4. In what two points does the difference in how can it recover the right of possession ? 197, effect between the acquisition of an estate by de198.

scent and by purchase principally consist ? 243,

244. CHAP. XIV.—Of Title by Descent.

5. What five methods of acquiring a title to : 1. By what two methods may the title to things estates does purchase include ? 244. real be reciprocally acquired on the one hand 6. What is escheat? 244, 245. and lost on the other ? 201.

7. Upon what principle is the law of escheats 2. What is the title by descent ? 201.

founded ? 245. 3. What is consanguinity; and of what two 8. What are the first three cases wherein inkinds ? 202.

heritable blood is wanting? 246. 4. Wherein do these two kinds of consan- 9. What is the fourth case wherein inheritable guinity differ ? 203, 204.

blood is wanting ? 246, 247. 5. In what does the very being of collateral 10. What is the fifth case ? 247, 248. consanguinity consist ? 205.

11. Who are bastard eigne and mulier puisne; 6. What is the method of computing the de- and in what case may the former bar the latter grees of collateral consanguinity ? 206, 207.

of his inheritance; and this for what three rea7. What is the first rule or canon of inheritance sons ? 248. according to which estates are transmitted from | 12. What legal heirs can a bastard have? 249. the ancestor to the heir ? 208, 210.

13. What is the sixth case wherein inheritable 8. What is the difference between an heir ap- blood is wanting ? 249. parent and an heir presumptive ? 208.

14. What is the difference of inheritable ope9. Who cannot be accounted such an ancestor ration on the blood of alien in the acts of dentzaas that an inheritance of lands or tenements can tion and of naturalization ? 249, 250. be derived from him! 209.

15. If an alien come into England and there 10. What is the second rule or canon of in- have issue two sons, who are thereby naturalheritance? 212, 213.

born subjects, and one of them purchase land and 11. What is the third rule or canon of inherit- die, who cannot be his heir, and why? 250. ance 214, 216.

16. What is enacted by the statute 11 & 12 12. What are exceptions to thig rule? 216. W. III. c. 6 as to the inheritance of natural-born

13. In what one inheritance does succession by subjects deriving their pedigrees through aliens ; primogeniture take place among females ? 216. and how is this statute qualified by that of 25

14. In what one inheritance does sole succession Geo. II. c. 39 ? 251. take place among females ? 216.

17. What is the seventh case wherein inherit15. What is the fourth rule or canon of inherit- able blood is wanting? 251. ance ? 217.

18. What is the difference between forfeitures 16. When is an inheritance divided per stirpes, of lands to the king and escheat to the lord? 251and when per capita ? 217, 218.

254. 17. What is the fifth rule or canon of inherit- 19. By what means only can the corruption of ance? 220, 222.

| blood be absolutely removed ? 254. 18. What is the great and general principle 20. If a man attainted be pardoned by the upon which the law of collateral inheritances de- king, can his son inherit ? 254. pends? 223.

21. If a man have issue a son and be attainted, 19. What is the sixth rule or canon of inherit- and afterwards pardoned, and then have issue a ance, being, like the seventh and last, only a second son and die, who cannot be his heir, and rule of evidence who the purchasing ancestor was? why? 255. 224.

22. If the ancestor be attainted, may his sons 20. Who is a kinsman of the whole blood? 227. be heirs to each other? 255.

21. Why is the exclusion of a kinsman of the 23. What is declared in most of the new felohalf-blood not unreasonable? 228-232.

nies created by act of parliament since the reign 22. What one inheritance may descend to the of Hen. VIII.; and wherefore is it so? 256.

24. In what singular instance are lands held 10. Who are excepted out of this act; and
in fee-simple not liable to escheat to the lord, even with what proviso is the exception made :
when their owner is no more, and hath left no 274.
heirs to inherit them? 256, 257.

11. Why is alienation to an alien a cause of
25. What is the eighth and last case wherein forfeiture? 274.
inheritable blood is wanting; and how does this 12. When are alienations by particular tenants
case differ from all the rest ? 257.

forfeitures, and to whom, and for what two rea-

sons? 274, 275.
CHAP. XVI.-Of Title by Occupancy.

13. What is it if tenant in tail alienes in fee;

and why? 275.
1. What is occupancy? 258.

14. In case of forfeiture by particular tenants,
2. To what single instance, so far as it con- what becomes of all legal estates by them before
cerns real property, have the laws of England created ? 275.
confined this right? 258.

15. What is disclaimer, in its nature and con-
3. Why was no right of occupancy allowed where sequences ? 275, 276.
the king had the reversion of the lands? 259. 16. What is forfeiture by lapse? 276.

4. What if the estate pur auter vie had been 17. In what two cases can no right of lapse
granted to a man and his heirs ? 259.

accrue? 276.
5. But what do the statutes of 29 Car. II, c. | 18. What is the term in which the title to pre-
3 and of 14 Geo. II. c. 20 enact as to this estate ? I sent by lapse accrues? 276, 277.
259, 260.

19. What if the bishop be both patron and or-
6. What is the commentator's opinion as to dinary? 277.
the operation of these statutes ? 260.

1 20. What if the bishop or metropolitan do not
7. What is the law of alluvion and dereliction ? |

ne law of alluvion and dereliction present immediately upon lapse? 277.
261, 262.

21. What if the king do not ? 277.

22. In what cases only is the bishop required
CHAP. XVII.—Of Title by Prescription. to give notice of a vacancy to the patron, in
1. What is title by prescription; and how is

order to entitle him, the metropolitan, and the
it distinguished from custom? 263.

king to the advantage of a lapse? 278.
2. What is called prescribing in a que estate ?

| 23. When does the law style the bishop a dis-
264.

turber; and of what does it consequently de-
3. What has the statute of limitations, 32 Hen.

prive him? 278.
VIII. c. 2, enacted as to prescriptions ? 264.

24. What if the right of presentation be con-
4. What sort of hereditaments may be claimed

tested? 278.
by prescription? 264.

25. What is forfeiture by simony? 278, 279.
5. Why cannot a prescription give a title to t

26. Is it simony to purchase a presentation, the
lands? 264.

living being actually vacant ? 279.
6. In whom must a prescription be laid ? 265. 27. Is it simony for & clerk to purchase the
7. If the thing prescribed has what inca-

i inca next presentation and be thereupon presented ?
pacity, why cannot the prescription be made ? 265. 1279, 280.
8. Why cannot deodands, felons' goods, and the

1 28. Is it simony for a father to purchase such
like be prescribed for, while treasure-trove, waifs. / a presentation for his son? 280.
estrays, and the like can? 265.

29. What if a simoniacal contract be made with
9. For what more may man prescribe in the patron, the clerk not being privy thereto?
himself and his ancestors than he may in a que

280.
estate; and why may he do so ? 266.

30. Are bonds given to pay money to cha-
10. Is there not a difference in the inheritance

ritable uses on receiving a presentation to a
of a thing prescribed in one's self and one's an-

living simoniacal? 280.
cestors, and one prescribed in a que estate? 266.

31. What bonds of resignation are not simoni-

acal? 280.
CHAP. XVIII.-Of Title by Forfeiture.

32. Are general bonds of resignation legal ?
1. What is forfeiture? 267.

33. What are the only causes for which the
2. By what eight means may lands, tenements, law will justify the patron's making use of such
and hereditaments be forfeited? 267.

a general bond of resignation ? 280.
3. What are the six offences which induce a 34. Of what two kinds are the conditions the
for feilure of lands and tenements to the crown? breach or non-performance of which induces a for-
267, 268.

feiture? 281.
4. Of what three kinds is the alienation con 35. What is waste, and of what two kinds ?
trary to law which induces a forfeiture ? 268. 281.

. 5. What is alienation in mortmain, in mortua 36. What are the general heads of waste in
manu? 268.

houses, in timber, and in land? 281, 282.
6. How were common recoveries invented ? 37. Who are liable to be punished for waste,
271.

and who not ? 282, 283.
7. How were uses and trusts invented ? 272. 38. What is the punishment for committing

8. What is license of mortmain; and how has waste ? 283, 284. .
it been dispensed with ? 272, 273.

39. By what may copyhold estates be forfeited I
9. What is enacted by the statute 9 Geo. II. 284.
c. 36 as to lands and tenements, or money to be 40. Who is a bankrupt? 285.
laid out thereon, given for or charged with cha- 41. What becomes of a bankrupt's lands and
ritable uso? 273, 274

I tenements ? 285, 286.

280.

307.

42. With only what exception has the statute 23. When is it necessary to the validity of a
21 Jac. I. c. 19 authorized the disposal of a deed to read it to the parties? 304.
oankrupt's estate-tail in possession, remainder, or 24. What if a deed be read falsely? 304.
reversion ? 286.

25. Is it necessary to sign as well as seal a

deed? 305, 306.
CHAP. XIX.--Of Title by Alienation. 26. What is the delivery of a deed; and what

is its efficacy? 307.
1. What is alienation, conveyance, or purchase, 27. What is the difference between a deed and
in its limited sense? 287.

an escrow? 307.
2. Who are capable of conveying and pur-
chasing? 290.

| 28. Of what use is the attestation of a deed?
3. How alone may contingencies and mere pos-

29. Must the witnesses sign the deed? 307,
sibilities be assigned to a stranger ? 290.

308.
4. What seven descriptions of persons are in-l

| 30. By what five means may a deed be avoided ?

30. By what
capable of conveying? 290–293.

308, 309.
5. Are the conveyances and purchases of idiots

of idiots 31. What are those deeds called which are
and persons of non-sane memory, infants, and per- l generally used in the alienation of real estates
sons under duress, void ? 291.

| 809.
6. May a non compos plead his own disability | 32. Of what two natures are conveyances as
in order to avoid his acts ? 291, 292.

to the manner in which they receive their force
7. May his next heir, or other person inte-l and efficacy? 309.
rested, plead it? 292.

33. Of what two kinds are conveyances by the
8. How may the purchase of a feme-covert be

common law ? 309.
avoided ? 293.

34. What are the six species of original con-
9. What of the conveyance or other contract

veyances; and what the five of derivative? 310.
of a feme-covert? 293.
10. What only can an alien hold ? 293.

35. What is a feoffment? 310.
11. What are the legal evidences of alienations feoffment ? 31.

36. What is necessary to the perfection of a
called ? 294.
12. Of what four kinds are these common as- |

37. What if an heir dies before entry made

upon his estate? 312.
surances ? 294.

38. By what delivery is a conveyance of a copy-

hold estate made to this day? 313.
CHAP. XX.-Of Alienation by Deed.

89. What is necessary, by the common law,
1. What is a deed in its general nature? | to be made upon every grant of an estate of free-
295.

hold in hereditaments corporeal ? 314.
2. What is an indenture? 295.

40. What is necessary in leases for years! 314.
3. What is a chirograph? 296.

41. Why cannot freeholds be made to com-
4. Which is the original, and which the coun- mence in futuro? 314.
terpart, of a deed? 296.

42. If a freehold remainder be created after,
5. What is a deed-poll? 296.

and expectant on, a lease for years now in being,
6. What are the eight requisites of a deed? to whom must the livery be made ? 314, 315.
296–298, 304-308.

43. Of what two kinds is livery of seisin ?
7. What are the eight usual, formal, and or- | 315.
derly parts of a deed 7 298–301, 304.

44. How is livery in deed performed ? 315, 310.
8. What are the premises of a deed ? 298. 45. What is livery in law? 316.

9. What are the habendum and tenendum ? 298, | 46. What is the conveyance by gift donatio?
299.

316, 317.
10. What is the reddendum ? 299.

47. What are grants concessiones? 317.
11. What is & condition? 299, 300

| 48. What is a lease? 317, 318.
12. What is the clause of warranty? 300. 49. What was the old meaning of the word
13. What was the origin of express warranties? farm, in which sense it is used in the operative

words of a lease, “to farm let" ? 318.
14. What was the difference between lineal 50. To what one species of leases is livery of
and collateral warranty? 301, 302.

seisin necessary ? 318.
15. What was a warranty commencing by dis- 51. What three manner of persons does the
seisin? 302.

enabling statute, 32 Hen. VIII. c. 28, empower
16. In case the warrantee was evicted, what to make leases for three lives or one and-troenty
was the obligation of the heir ? 302.

years ? 319.
17. What warranties against the heir are now

52. But what are the nine requisites that the
good ? 302, 303.

statute specifies which must be observed in order
18. What are covenants? 304.

to render the leases binding? 319, 320.
!9. What is the difference of effect between 53. Unless under what six regulations do the
covenanting for heirs and covenanting for executors disabling or restraining statutes of Elizabeth re-
and administrators ? 304.

strain all ecclesiastical or eleemosynary corporations,
20. For what reasong has the covenant, in and all parsons and vicars, from making any leo ses
modern practice, totally superseded the war- 1 of their lands? 320, 321.
ranty? 304.

54. Is there not another restriction with re-
21. Of what does the conclusion of a deed con- gard to college-leases by the statute 18 Eliz. c. 6?
sist? 304.

322.
22. Is a deed goo 1 with no, or a false date?! 65. What restraint upon the leases of beneficed
R04

| clergymen does non-residence place ? 322.

801.

« PreviousContinue »