A Digest of the Laws of England Respecting Real Property, Τόμος 2

Εξώφυλλο
Saunders and Benning, 1835
 

Περιεχόμενα

Effect of the General Saving
17
May be relieved against
23
Standing Orders of the House of Lords
28
TITLE XXXIV
45
KINGS GRANT 1 Nature of 45 996
46
Of the Kings private Property
51
Exceptions
57
CHAP III
62
Origin of Fines
63
CHAP II
69
Rules of Court and Statutes on this Subject
75
Note
82
Felony to acknowledge a Fine in the Name of another
88
Sect Page
93
Fine Sur Cognizance de Droit come ceo c
94
Sur Cognizance de Droit tantum
96
Sur Concessit
97
Sur Done Grant and Render id
98
CHAP IV
100
Court of Common Pleas
101
Court of the County of Chester before 23 July 1830
102
Court of the Isle of Ely id
104
Courts of ancient Demesne id
105
Who might take the Acknowledgment of Fines
106
How the Acknowledgment was to be Certified
110
Rules of Court on this subject
111
Justices of Wales
114
CHAP V
115
The Queen
116
Married Women Trustees
119
Persons outlawed c
120
Aliens
126
Infants
127
Except Infant Trustees 128
128
Idiots and Lunatics 58 Corporations 131 id
131
CHAP VI
132
Tithes
133
But not Money to be laid out in Land
134
CHAP VII
138
Names of the Parties when amended
144
A Fine of one Term would not be altered to another
146
CHAP VIII
148
Statute de Modo levandi Fines
150
Statute de Finibus levatis
152
Sect Page 2 Statute of 1 Rich III
154
The lineal Heirs of the Cognizor are barred
157
Though he was never in Possession
158
Or had only a possibility of an Estate Tail
160
The collateral Heirs are also barred
161
Except where they are not Privies
162
Rent Charges are within these Statutes
164
And also Advowsons id
165
A Fine barred an Entail before Proclamations
166
not bar Remainders c
167
But let in the Reversion
168
Effect of the Warranty in a Fine
169
The Right of levying a Fine could not be restrained id
170
CHAP X
171
Married Women
172
As to their own Estates
173
As to Dower and Jointure
174
Husband seised in Right of his Wife
177
Devisees
179
Terms for Years
182
Copyholds
183
Sect Page 54 Estates held by Statute Merchant c
184
Powers appendant and in gross id
186
A Right of Entry
188
Writs of Error
189
Statute of Nonclaim id
190
Second Saving
191
Married Women within this Saving
199
And Bishops Deans c
200
And Persons having Offices
201
Third Saving
203
Exceptions in favour of Infants c
204
Case of Persons dying under their Disabilities
209
CHAP XII
212
Estates for Life
215
Discontinued an Estate Tail and devested the Remainders and Reversions
216
Was a Revocation of a Devise
219
Created a Forfeiture in some cases id
221
What Persons Estates and Interests were not barred by Fine Sect Page 2 The King
223
Future Interests
227
A Rent Right of Way or Common
228
Writ of false Judgment
242
Actual Entry
243
Who may make it
245
Must be followed by an Action
246
Plea that the Parties had no Estate
247
Averment of Fraud
250
Courts of Equity
252
TITLE XXXVI
267
Sect Page 1 Origin of Recoveries
268
Manner of Suffering them
270
CHAP II
272
Tenant to the Præcipe who must have had the Freehold
274
Before the Judgment
279
Leases for Lives need not be surrendered
281
But Persons having a prior Estate for Lifemust have Joined
282
A Surrender sometimes Presumed
283
How a Tenant to the Præcipe might be made
290
Though no Use were Declared
291
Husband seised jure uxoris might make a Tenant to the Præcipe
292
Feoffment
293
Grant
309
Bargain and Sale Enrolled id
310
Rules of Court respecting Warrants of Attorney
314
Related to the Return Day of the Writ
321
Unless it were a Sunday
328
All the Proceedings might be enrolled
335
Sect Page 1 Who might Suffer a Recovery
347
ExceptionInfant Trustees
350
Idiots and Lunatics
351
Who might take by Recovery
352
CHAP VI
353
Writ of Entry
354
Description of the Estates
355
Judgment
357
There must have been something to amend by
358
CHAP VII
360
By what Descriptions
369
restrained
381
An Heir in Tail allowed to inspect Title Deeds
382
Effect of a Recovery in barring particular Persons Estates and Interests Sect Page 2 Parties
383
Trust Estates
384
Powers Appendant and in Gross
389
But not Powers simply Collateral
390
Contingent Remainders
393
Writs of Error to reverse Fines
394
CHAP IX
396
not alter the Descent
399
Exception
402
CHAP X
407
Estates in Dower and Jointures
408
Estates held jure uxoris
413
Estates Tail granted by the Crown for Services
414
Reversions vested in the Crown
422
Estates held by Elegit
423
Sect Page 1 Writ of Error
424
There must be a Scire Facias
426
What may be assigned for Error
427
Must be brought within Twenty Years
438
Writ of Deceit
439
Writ of False Judgment
440
A Recovery may be falsified
442
By a Tenant for Years
443
And invalidated by a Court of Equity
444
TITLE XXXVII
447
Surrender
448
Who may surrender
450
What Estate may be surrendered
452
Presentment
454
Who may Admit
456
The Admittance must be according to the Surrender id
457
Surrenders by way of Mortgage
462
A Surrender will not Destroy a Contingent Re mainder
463
Sect Page 75 A Surrender and Resurrender alter the Descent
464
A Surrender sometimes supplied in Equity
474
CHAP II
475
Recovery in the Manor Court previously to 31st Dec 1833
477
A Recovery sometimes good without a Tenant to the Præcipe id
478
Surrender
480
A Custom to bar by Surrender or Recovery is good
481
A Grant of the Freehold destroys an Estate Tail
483
How an Equitable Entail may be barred
484
By Disposition under Statute 3 4 W 4 c 74
486
How Conditional Fees are barred
490
Effect of Releases
491

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Σελίδα 20 - And be it further enacted, that this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded.
Σελίδα 432 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Σελίδα 31 - England, in the Name and with the Privity of the Accountant General of the High Court of Chancery, to be placed to his Account there ex part e the said Company of Proprietors, to the Intent that such Money shall be applied, under the Direction and...
Σελίδα 139 - ... nor shall this act prejudice or affect any proceedings at law or in equity, pending at the time of the passing of this act, in which the validity of...
Σελίδα 352 - Offender shall be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be transported beyond the Seas for Life, or for any Term not less than Seven Years, or to be imprisoned, with or without hard Labour, for any Term not exceeding Four Years...
Σελίδα 4 - ... and to lay out the money in the purchase of other lands to be settled to the same uses, and...
Σελίδα 304 - Mansfield in regard to another branch of law, that "the more we read, unless we are very careful to distinguish, the more we shall be confounded.
Σελίδα 37 - Court, be paid to such person or persons, as would, for the time being, be entitled to the rents and profits of such lands, tenements, and hereditaments, so to be purchased, conveyed, and settled.
Σελίδα 14 - ... fees, views of frankpledge, escheats, reliefs, mines, quarries, goods and chattels of felons and fugitives, felons of themselves, and put in exigent, deodands, free warrens, and all other royalties and seigniories, rights and jurisdictions, privileges and hereditaments whatsoever.
Σελίδα 353 - ... record or proceedings in which such error, misdescription or omission shall have occurred, shall be as good and valid as the same...

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