Commentaries on the laws of England. [Another], Volume 2R. H. Small, 1825 - Law |
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Page 32
... limited as to number and time ; but there are also commons without stint , and which last all the year . By the statute of Merton , however , and other subsequent statutes " , the lord of a manor may enclose so much of the waste as he ...
... limited as to number and time ; but there are also commons without stint , and which last all the year . By the statute of Merton , however , and other subsequent statutes " , the lord of a manor may enclose so much of the waste as he ...
Page 102
... limited , one species of which we usually call fee - tail . I. TENANT in fee - simple ( or , as he is frequently styled , tenant in fee ) is he that hath lands , tenements , or heredita- ments , to hold to him and his heirs for ever ...
... limited , one species of which we usually call fee - tail . I. TENANT in fee - simple ( or , as he is frequently styled , tenant in fee ) is he that hath lands , tenements , or heredita- ments , to hold to him and his heirs for ever ...
Page 108
... limited fees , or such estates of inheritance as are clogged and confined with conditions , or qualifications , of any sort . And these we may divide into two sorts : 1. Qualified , or base fees ; and , 2. Fees conditional , so called ...
... limited fees , or such estates of inheritance as are clogged and confined with conditions , or qualifications , of any sort . And these we may divide into two sorts : 1. Qualified , or base fees ; and , 2. Fees conditional , so called ...
Page 109
... limited , condi- tional fees , which could not be alienated from the lineage of the first purchaser , in our earliest Saxon laws . Now , with regard to the condition annexed to these fees by the common law , our ancestors held , that ...
... limited , condi- tional fees , which could not be alienated from the lineage of the first purchaser , in our earliest Saxon laws . Now , with regard to the condition annexed to these fees by the common law , our ancestors held , that ...
Page 111
... limited and fet- [ 112 ] tered inheritances , were probably what induced the judges to give way to this subtle finesse of construction ( for such it undoubtedly was ) , in order to shorten the duration of these conditional estates . But ...
... limited and fet- [ 112 ] tered inheritances , were probably what induced the judges to give way to this subtle finesse of construction ( for such it undoubtedly was ) , in order to shorten the duration of these conditional estates . But ...
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Common terms and phrases
action advowson afterwards alienation ancestor antient assigns bankrupt Barker Bracton called chattels Coke collateral common law condition continued contract conveyance coparcenary copyhold corporal court courts of equity creditors custom death debts deceased deed degree descended devise doctrine dower Edward eldest Eliz emblements entitled equity escheat estate-tail executor father fee-simple feodal feoffment feud feudum forfeiture freehold gavelkind grant grantor half blood hath heirs held hereditaments husband Ibid inheritance Inst interest issue John Stiles joint-tenants jointure king king's knight-service lands lease liable lineal Litt lord Lord Coke male manor marriage ment moiety nature original owner particular estate parties person possession principle purchase purchasor reason recovery remainder rent rule seised seisin serjeanty sir Edward Coke socage species Stat statute tenant in tail tenements tenure thing tithes unless vasal vested villein villenage void whereby whole blood wife words
Popular passages
Page vii - THERE is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of . property ; or that sole and despotic dominion which one man claims and exercises over the external things of the world} in total exclusion of the right of any other individual in the universe.
Page 311 - Now this was the manner in former time in Israel concerning redeeming and concerning changing, for to confirm all things ; a man plucked off his shoe, and gave it to his neighbour : and this was a testimony in Israel.
Page 4 - Is not the whole land before thee? separate thyself, I pray thee, from me : if thou wilt take the left hand, then I will go to the right ; or if thou depart to the right hand, then I will go to the left.
Page 284 - ... a trader who secretes himself, or does certain other acts tending to defraud his creditors.
Page 522 - Third, by the grace of God of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth, and in the year of our Lord one thousand seven hundred and eighty-four.
Page 2 - But when mankind increased in number, craft, and ambition, it became necessary to entertain conceptions of more permanent dominion, and to appropriate to individuals, not the immediate use only, but the very substance of the thing to be used.
Page 106 - A BASE, or qualified fee, is such a one as hnth a qualification subjoined thereto, and which must be determined whenever the qualification annexed to it is at an end. As, in the case of a grant to A, and his heirs, tenants of the manor of Dale...
Page 149 - Estates upon condition implied in law, are where a grant of an estate has a condition annexed to it inseparably, from its essence and constitution, although no condition be expressed in words. As if a grant be made to a man of an office...
Page 123 - This estate is of an amphibious nature, partaking partly of an estate-tail, and partly of an estate for life. The tenant is, in truth, only tenant for life, but with many of the privileges of a tenant in tail ; as not to be punishable for waste...
Page 152 - York, etc.), the law permits it to endure beyond the time when such contingency happens, unless the grantor or his heirs or assigns take advantage of the breach of the condition, and make either an entry or a claim in order to avoid the estate.