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17. What four requisites are necessary to make a tenancy by the curtesy? 127.

18. What does the husband become by the birth of the child; and what is he not till the death of the wife? 127, 128.

19. What is a tenancy in dower? 129. 20. Who may and may not be endowed? 130. 21. What crimes of the husband bar the wife's dower? 130, 131.

22. Of what may and may not a wife be endowed? 131.

23. Upon what principle are all endowments made? 131.

15. In what case is a tenant at will entitled t emblements? 146.

16. What act amounts to a determination of the will on either side? 146.

17. How have courts of law leaned in constructing demises where no certain term is mentioned? 147.

18. What notice is requisite to determine a tenancy from year to year? 147.

19. In what one species of estate at will is the will qualified by what? 147, 148.

20. What seems to have been the reason why the absolute freehold was never granted by lor is to their villeins? 148, 149.

21. What kind of freehold have customary free

24. How long must the husband be seised of land in order to entitle the widow to dower? 132. 25. What is usually called the widow's free-holders? 149. bench? 132.

26. What are the four species of dower now subsisting? 132, 133.

27. Of what part of his lands might a husband endow his wife ad ostium ecclesiæ? 133-135. 28. What is now the only usual species of endowment? 135.

29. What is called the widow's quarantine? 135.

30. What is a writ of admeasurement of dower? 136.

31. How may dower be barred or prevented? 136, 137.

32. How is a jointure defined by Sir Edward Coke? 137.

33. What did the statute of uses provide as to barring a wife of dower? 137, 138.

34. What four requisites must be punctually observed to make a jointure good? 138.

35. What if the jointure be made to the wife after marriage? 138.

36. What if the jointress be evicted of her jointure on account of its being made on a bad title? 138.

37. What are the comparative advantages of situation between tenant in dower and jointresses? 138, 139.

CHAP. IX.-Of Estates less than Freehold.

1. WHAT are the three sorts of estates less than freehold? 140.

2. What is an estate for years? 140.

3. What is a month in law? 141.

4. What is a lease for a twelvemonth? 141. 5. How many hours does the law reckon in the space of a day? 141.

6. How might a lessee estate be defeated by the

ancient law? 142.

7. What is an indispensable requisite to an estate for years? 143.

8. Why cannot a lease for life commence in futuro, though a lease for years may? 143, 144. 9. What right has a tenant for years in the tenement? 144.

10. Of what is he possessed when he has entered the tenement? 144.

11. What is the legal difference between the term and the time of a lease for years? 144.

12. What are the incidents to an estate for years? 144, 145.

13. What is the difference of situation between a tenant for life and a tenant for years with regard to emblements? 145.

14. What is an estate at will? 145.

22. What are the comparative advantages of interest between a copyholder of inheritance with a fine certain and an absolute freeholder? 150. 23. What is an estate at sufferance? 150. 24. Against whom can no man be tenant at sufferance? 150.

25. How must an owner of lands vary his proceeding in an action of trespass against a tenant by sufferance from the same action against a stranger? 150.

26. What have the statutes 4 & 11 Geo. II. c. 23 and 19 enacted in the cases of a tenant's holding over his term or his own notice to quit? 151.

CHAP. X.-Of Estates upon Condition.

1. WHAT are estates upon condition? 152. 2. Of what two sorts are estates upon condition? 152.

3. What three other conditional estates are included under this last sort? 152.

4. What are estates upon condition implied in law? 152.

5. By what two breaches of an implied condition may an office be forfeited? 153.

6. How do a public and a private office differ in respect of forfeit ? 153.

7. Upon what principle proceed all the forfeitures which are given by law of life estates and others? 153.

8. What is an estate on condition expressed? 154. 9. Of what two sorts are condition expressed? 154.

10. What is an estate "to a man and his heirs, tenants of the manor of Dale"? 154.

11. What is the distinction between a condition in deed and a limitation or condition in law?

155.

12. In all instances of limitations or conditions subsequent, where the condition is contingent and uncertain, what estate has the grantee so long as the condition remains unbroken? 156.

13. When are conditions void? 156 14. When are estates, upon void conditions, absolute in the tenant, and when in the feoffor? 157. 15. Of what two kinds are estates held in vadio, in gage, or pledge? 157.

16. What is vivum vadium, or living pledge? 157.

17. What is mortuum vadium, dead pledge or mortgage? 157, 158.

18. Who was tenant in mortgage? 158. 19. Whence is the origin of granting a long term of years by way of mortgage? 158.

20. What is equity of redemption? 159. 21. What is a foreclosure? 159.

22. What are estates held by statute merchant and statute staple? 160.

23. What is an estate by elegit? 161.

24. Why are estates by statute merchant, statute staple, and elegit, chattel interests, and not freehold? 161, 162.

CHAP. XI.-Of Estates in Possession, Remainder, and Reversion.

1. Or what two natures are estates with regard to the time of their enjoyment? 163.

2. What two sorts of expectancy are there; and by what acts are they severally created? 163.

3. What is the difference between estates executed and estates executory? 163.

4. What may an estate in remainder be defined to be? 164.

5. When lands are granted to A. for twenty years, with remainder to B. and his heirs forever, are not these two estates? 164.

6. What are the three rules laid down by law

to be observed in the creation of remainders? 165, 167, 168.

7. What is called the particular estate? 165. 8. Why cannot an estate of freehold be created to commence in futuro? 166.

9. Is a remainder an estate commencing in præsenti or in futuro? 165, 166.

10. What particular estate will, and when will a particular estate not, support a remainder over? 166, 167.

11. Can a remainder be granted of a chattel interest? 167.

12. In what case is it necessary that a lessee for years should have livery of seisin? 167.

13. Need the precedent particular estate and the remainder be in esse at one and the same time during the continuance of the first estate; or what latitude is allowed? 168.

14. Of what two sorts are remainders? 168. 15. What are vested or executed remainders? 168, 169.

16. On account of what two sorts of uncertainty may remainders be contingent or executory? 169.

17. What is enacted by statute 10 & 11 W. III. c. 16 as to posthumous children taking remainders? 169.

18. What are potentia propinqua and potentia remotissima? 170.

19. Why cannot a contingent remainder of freehold be limited on any particular estate less than a freehold? 171.

20. How may contingent remainders be defeated? 171.

21. Is there no way of preventing this defeat?

171.

22. What is an executory devise? 172.

27. What has been settled in order to prevent the danger of perpetuities as to the persons to whom remainders may, by an executory devise, be limited over after a term of years has been given to one man for his life; and what has been also settled as to the contingencies upon which such remainders may be limited to take effect? 174, 175.

28. What is an estate in reversion? 175.

29. What are the two usual incidents to rever sions? 176.

30. What is enacted by the statute 6 Anne, c. 18 in order to assist such persons as have any estate in remainder, reversion, or expectancy, after the death of others, against fraudulent conceal

ments of their deaths? 177.

31. What happens whenever a greater estate and a less coincide in the same person in the same right without any intermediate estate? 177.

32. What one exception is there to this rule; and what is the reason of this exception? 177, 178.

CHAP. XII.-Of Estates in Severalty, Joint-
Tenancy, Coparcenary, and Common.

1. In what four different ways may estates be held with respect to the number and connections of their owners? 179.

2. Who is tenant in severalty? 179.

3. What is an estate in joint-tenancy? 179. 4. How may this estate be created? 180. 5. From what are the properties of a joint-estate derived? 180.

6. Of what four kinds is the unity of a jointestate? 180-182.

7. If an estate in fee be given to a man and his wife, how are they seised? 182.

8. Upon the decease of one joint-tenant, what share of the estate remains to the survivor; ánd why? 183, 184.

9. Why cannot the king, or any corporation, be joint-tenant with a private person? 184.

10. How may an estate in joint-tenancy be severed and destroyed? 185.

11. But why is a devise of one joint-tenant's share by will no severance of the jointure? 186. 12. In what case is it disadvantageous for joint-tenants to dissolve the jointure? 186. 13. What is an estate held in coparcenary? 187. 14. Who are parceners by common law? 187 15. Who are parceners by particular custom? 187.

16. What are the properties of parceners? 188. 17. Which of the four unities of a joint-estate have parceners? 188.

18. In what five points do parceners differ from joint-tenants? 188.

19. What are the five methods in which parce ners may make partition? 189.

20. What is the law of hotchpot, which is in

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

21. In what three ways may an estate in co

24. Why may a devise of freehold commence in parcenary be dissolved? 191 futuro? 173.

25. Within what time does the law's abhorrence of a perpetuity declare that the contingencies of an executory devise ought to be such as may happen? 173, 174.

26. Why does the law abhor a perpetuity? 174.

22. Who are tenants in common? 191-193. 23. Which of the four unities of a joint-estate have tenants in common? 191.

24. By what two means may tenancy in common be created? 192, 193.

25. Does the law, in its construction of a

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

26. What are the incidents attending a tenancy in common? 194.

27. In what two ways only can estates in common be dissolved? 194.

the blood of the first purchasor; and why? 233. 23. For this reason, in what kind of estate is half-blood no impediment to the descent? 233. 24. What is the seventh and last rule or canon o inheritance? 234.

25. What is the most probable original of this

CHAP. XIII.—Of the Title to Things Real in Ge- rule? 235.

neral.

1. WHAT is the title to things real? 195.

26. When is this rule totally reversed? 236.

Escheat.

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 tenements? 195-197, 199.

3. What is the mere naked possession; how may it happen; and in what degree is it a legal title? 195, 196.

4. What are the two sorts of right of possession; and by what means may the first grow into the second? 196, 197.

5. What is the mere right of property; and how can it recover the right of possession? 197,

198.

CHAP. XIV.-Of Title by Descent.

1. By what two methods may the title to things real be reciprocally acquired on the one hand and lost on the other? 201.

2. What is the title by descent? 201.

3. What is consanguinity; and of what two kinds? 202.

4. Wherein do these two kinds of consanguinity differ? 203, 204.

5. In what does the very being of collateral consanguinity consist? 205.

6. What is the method of computing the degrees of collateral consanguinity? 206, 207.

7. What is the first rule or canon of inheritance according to which estates are transmitted from the ancestor to the heir? 208, 210.

1. WHAT is purchase, taken in its largest and most extensive sense? 241.

2. If an estate be made to A. for life, remainder to his right heirs in fee, by what shall the heirs take? 242.

3. What was meant by calling William the Norman Conqueror? 243.

4. In what two points does the difference in effect between the acquisition of an estate by descent and by purchase principally consist? 243, 244.

5. What five methods of acquiring a title to estates does purchase include? 244. 6. What is escheat? 244, 245.

7. Upon what principle is the law of escheats founded? 245.

8. What are the first three cases wherein inheritable blood is wanting? 246.

9. What is the fourth case wherein inheritable blood is wanting? 246, 247.

10. What is the fifth case? 247, 248.

11. Who are bastard eigne and mulier puisnè; and in what case may the former bar the latter of his inheritance; and this for what three reasons? 248.

12. What legal heirs can a bastard have? 249. 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.

9. Who cannot be accounted such an ancestor as that an inheritance of lands or tenements can be derived from him? 209.

10. What is the second rule or canon of inheritance? 212, 213.

11. What is the third rule or canon of inheritance? 214, 216.

12. What are exceptions to this rule? 216. 13. In what one inheritance does succession by primogeniture take place among females? 216.

14. In what one inheritance does sole succession take place among females? 216.

14. What is the difference of inheritable operation on the blood of alien in the acts of denization and of naturalization? 249, 250.

15. If an alien come into England and there have issue two sons, who are thereby naturalborn subjects, and one of them purchase land and die, who cannot be his heir, and why? 250.

16. What is enacted by the statute 11 & 12 W. III. c. 6 as to the inheritance of natural-born subjects deriving their pedigrees through aliens; and how is this statute qualified by that of 25 Geo. II. c. 39? 251.

17. What is the seventh case wherein inherit

15. 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.

17. What is the fifth rule or canon of inheritance? 220, 222.

18. What is the great and general principle upon which the law of collateral inheritances depends? 223.

19. What is the sixth rule or canon of inheritance, being, like the seventh and last, only a rule of evidence who the purchasing ancestor was? 224.

20. Who is a kinsman of the whole blood? 227. 21. Why is the exclusion of a kinsman of the half-blood not unreasonable? 228-232.

22. What one inheritance may descend to the

254.

19. By what means only can the corruption of blood be absolutely removed? 254.

20. If a man attainted be pardoned by the king, can his son inherit? 254.

21. If a man have issue a son and be attainted, and afterwards pardoned, and then have issue a second son and die, who cannot be his heir, and why? 255.

22. If the ancestor be attainted, may his sons be heirs to each other? 255.

23. What is declared in most of the new felonies created by act of parliament since the reign of Hen. VIII.; and wherefore is it so? 256.

24. In what singular instance are lands held
in fee-simple not liable to escheat to the lord, even
when their owner is no more, and hath left no
heirs to inherit them? 256, 257.

25. What is the eighth and last case wherein
inheritable blood is wanting; and how does this
case differ from all the rest? 257.

CHAP. XVI.-Of Title by Occupancy.

1. WHAT is occupancy? 258.

2. To what single instance, so far as it con-
cerns real property, have the laws of England
confined this right? 258.

3. Why was no right of occupancy allowed where
the king had the reversion of the lands? 259.
4. What if the estate pur auter vie had been
granted to a man and his heirs? 259.

5. But what do the statutes of 29 Car. II. c.
3 and of 14 Geo. II. c. 20 enact as to this estate?
259, 260.

6. What is the commentator's opinion as to
the operation of these statutes? 260.

7. What is the law of alluvion and dereliction?
261, 262.

CHAP. XVII.-Of Title by Prescription.
1. WHAT is title by prescription; and how is
it distinguished from custom? 263.

2. What is called prescribing in a que estate?

264.

3. What has the statute of limitations, 32 Hen.
VIII. c. 2, enacted as to prescriptions? 264.
4. What sort of hereditaments may be claimed
by prescription? 264.

5. Why cannot a prescription give a title to
lands? 264.

6. In whom must a prescription be laid? 265.
7. If the thing prescribed has what inca-
pacity, why cannot the prescription be made? 265.
8. Why cannot deodands, felons' goods, and the
like be prescribed for, while treasure-trove, waifs,
estrays, and the like can? 265.

9. For what more may a man prescribe in
himself and his ancestors than he may in a que
estate; and why may he do so? 266.

10. Is there not a difference in the inheritance
of a thing prescribed in one's self and one's an-
cestors, and one prescribed in a que estate? 266.

CHAP. XVIII.-Of Title by Forfeiture.
1. WHAT is forfeiture? 267.

2. By what eight means may lands, tenements,
and hereditaments be forfeited? 267.

3. What are the six offences which induce a
forfeiture of lands and tenements to the crown?
267, 268.

4. Of what three kinds is the alienation con-
trary to law which induces a forfeiture? 268.
5. What is alienation in mortmain, in mortua
manu? 268.

6. How were common recoveries invented?

271.

7. How were uses and trusts invented? 272.
8. What is license of mortmain; and how has
it been dispensed with? 272, 273.

9. What is enacted by the statute 9 Geo. II.
c. 36 as to lands and tenements, or money to be
laid out thereon, given for or charged with cha-
ritable uses? 273, 274

10. Who are excepted out of this act; and
with what proviso is the exception made?
274.

11. Why is alienation to an alien a cause of
forfeiture? 274.

12. When are alienations by particular tenants
forfeitures; and to whom, and for what two rea-
sons? 274, 275.

13. What is it if tenant in tail alienes in fee;
and why? 275.

14. In case of forfeiture by particular tenants,
what becomes of all legal estates by them before
created? 275.

15. What is disclaimer, in its nature and con-
sequences? 275, 276.

16. What is forfeiture by lapse? 276.
17. In what two cases can no right of lapse
accrue? 276.

18. What is the term in which the title to pre-
sent by lapse accrues? 276, 277.

19. What if the bishop be both patron and or-
dinary? 277.

20. What if the bishop or metropolitan do not
present immediately upon lapse? 277.

21. What if the king do not? 277.

22. In what cases only is the bishop required
to give notice of a vacancy to the patron, in
order to entitle him, the metropolitan, and the
king to the advantage of a lapse? 278.

23. When does the law style the bishop a dis-
turber; and of what does it consequently de-
prive him? 278.

24. What if the right of presentation be con-
tested? 278.

25. What is forfeiture by simony? 278, 279.
26. Is it simony to purchase a presentation, the
living being actually vacant? 279.

27. Is it simony for a clerk to purchase the
next presentation and be thereupon presented?
279, 280.

28. Is it simony for a father to purchase such
a presentation for his son? 280.

29. What if a simoniacal contract be made with

the patron, the clerk not being privy thereto ?

280.

30. Are bonds given to pay money to cha-
ritable uses on receiving a presentation to a
living simoniacal? 280.

31. What bonds of resignation are not simoni-
acal? 280.

32. Are general bonds of resignation legal?
280.

33. What are the only causes for which the
law will justify the patron's making use of such
a general bond of resignation? 280.

34. Of what two kinds are the conditions the
breach or non-performance of which induces a for-
feiture? 281.

35. What is waste, and of what two kinds?
281.

36. What are the general heads of waste in
houses, in timber, and in land? 281, 282.

37. Who are liable to be punished for waste,
and who not? 282, 283.

38. What is the punishment for committing
waste? 283, 284.

39. By what may copyhold estates be forfeited?

284.

40. Who is a bankrupt? 285.

41. What becomes of a bankrupt's lands and
tenements? 285, 286.

42. With only what exception has the statute
21 Jac. I. c. 19 authorized the disposal of a
oankrupt's estate-tail in possession, remainder, or
reversion? 286.

CHAP. XIX.-Of Title by Alienation.

1. WHAT is alienation, conveyance, or purchase,
in its limited sense? 287.

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

3. How alone may contingencies and mere pos-
sibilities be assigned to a stranger? 290.

4. What seven descriptions of persons are in-
capable of conveying? 290–293.

5. Are the conveyances and purchases of idiots
and persons of non-sane memory, infants, and per-
sons under duress, void? 291.

6. May a non compos plead his own disability
in order to avoid his acts? 291, 292.

7. May his next heir, or other person inte-
rested, plead it? 292.

8. How may the purchase of a feme-covert be
avoided? 293.

9. What of the conveyance or other contract
of a feme-covert? 293.

10. What only can an alien hold? 293.

11. What are the legal evidences of alienations
called? 294.

12. Of what four kinds are these common as-
surances? 294.

CHAP. XX.-Of Alienation by Deed.

1. WHAT is a deed in its general nature?

295.

2. What is an indenture? 295.

3. What is a chirograph? 296.

4. Which is the original, and which the coun-
terpart, of a deed? 296.

5. What is a deed-poll? 296.

6. What are the eight requisites of a deed?
296-298, 304-308.

7. What are the eight usual, formal, and or-
derly parts of a deed? 298-301, 304.

8. What are the premises of a deed? 298.
9. What are the habendum and tenendum? 298,
299.

10. What is the reddendum? 299.

11. What is a condition? 299, 300
12. What is the clause of warranty? 300.
13. What was the origin of express warranties?

801.

14. What was the difference between lineal
and collateral warranty? 301, 302.

15. What was a warranty commencing by dis-
seisin ? 302.

16. In case the warrantee was evicted, what
was the obligation of the heir? 302.

17. What warranties against the heir are now
good? 302, 303.

18. What are covenants? 304.

19. What is the difference of effect between
covenanting for heirs and covenanting for executors
and administrators? 304.

20. For what reasons has the covenant, in
modern practice, totally superseded the war-
ranty? 304.

21. Of what does the conclusion of a deed con-

sist? 304.

22. Is a deed gool with no, or a false date?
804

23. When is it necessary to the validity of a
deed to read it to the parties? 304.

24. What if a deed be read falsely? 304.
25. Is it necessary to sign as well as seal a
deed? 305, 306.

26. What is the delivery of a deed; and what
is its efficacy? 307.

27. What is the difference between a deed and
an escrow? 307.

28. Of what use is the attestation of a deed?
307.

29. Must the witnesses sign the deed? 307,
308.

30. By what five means may a deed be avoided?
308, 309.

31. What are those deeds called which are

generally used in the alienation of real estates?

309.

32. Of what two natures are conveyances as
to the manner in which they receive their force
and efficacy? 309.

33. Of what two kinds are conveyances by the
common law? 309.

34. What are the six species of original con-
veyances; and what the five of derivative? 310.
35. What is a feoffment? 310.

36. What is necessary to the perfection of a
feoffment? 311.

37. What if an heir dies before entry made
upon his estate? 312.

38. By what delivery is a conveyance of a copy-
hold estate made to this day? 313.

39. What is necessary, by the common law,
to be made upon every grant of an estate of free-
hold in hereditaments corporeal? 314.

40. What is necessary in leases for years? 314.
41. Why cannot freeholds be made to com-
mence in futuro? 314.

42. If a freehold remainder be created after,
and expectant on, a lease for years now in being,
to whom must the livery be made? 314, 315.

43. Of what two kinds is livery of seisin ?

315.

44. How is livery in deed performed? 315, 318.
45. What is livery in law? 316.

46. What is the conveyance by gift donatio?
316, 317.

47. What are grants concessiones? 317.
48. What is a lease? 317, 318.

49. What was the old meaning of the word
farm, in which sense it is used in the operative
words of a lease, "to farm let"? 318.

50. To what one species of leases is livery of
seisin necessary? 318.

51. What three manner of persons does the
enabling statute, 32 Hen. VIII. c. 28, empower
to make leases for three lives or one and-twenty
years? 319.

52. But what are the nine requisites that the
statute specifies which must be observed in order
to render the leases binding? 319, 320.

53. Unless under what six regulations do the
disabling or restraining statutes of Elizabeth re-
strain all ecclesiastical or eleemosynary corporations,
and all parsons and vicars, from making any leases
of their lands? 320, 321.

54. Is there not another restriction with re-
gard to college-leases by the statute 18 Eliz. c. 6?

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