A Digest of the Laws of England Respecting Real Property, Τόμος 5

Εξώφυλλο
J. Butterworth, 1824
 

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Περιεχόμενα

What passes by general Words
49
TITLE XXXV
55
CHAP XII
56
id
60
CHAP II
62
Rules of Court and Statutes on this Subject
70
Similar to a Judgment
77
Motions to prevent Fines from passing
84
Sect Page 16 Sur Cognizance de Droit tantum
92
Sur Concessit
93
Sur Done Grant and Render
94
CHAP IV
97
Court of Common Pleas
98
Court of the County of Lancaster
99
Court of the County of Chester
100
Court of the City of Chester id
101
Courts of Great Sessions in Wales id
102
Courts of ancient Demesne id
103
Who may take the Acknowledgment of Fines
104
How the Acknowledgment is to be certified
108
Rules of Court on this subject
110
Justices of Wales
113
CHAP V
114
The Queen
115
Joint Tenants Coparceners and Tenants in Common
118
Who are incapable of levying Fines id
126
Aliens 38 Infants id
127
Except Infant Trustees
129
Idiots and Lunatics
130
Corporations
132
Sect Page 1 Every species of Real Property
133
Tithes
134
New River Shares
135
CHAP VII
139
Original Writ 140
140
Entry of the Kings Silver
142
Description of the Property
143
Names of the Parties not amended
146
A Fine of one Term will not be altered to another
147
CHAP VIII
148
Statute de Modo levandi Fines
151
Statute de Finibus levatis
153
Statute of Nonclaim
154
CHAP IX
155
Effect of these Statutes in barring Estates Tail 158
158
The lineal Heirs of the Cognizor are barred
160
Or had only a possibility of an Estate Tail
162
The collateral Heirs are also barred
164
The Right of levying a Fine cannot be restrained
174
levy a Fine
181
Copyholds
187
And Strangers having different Rights
207
Exceptions in favour of Infants
215
Sect Page 1 Sometimes operates as a Release or Grant
220
cumbrances
222
Discontinues an Estate Tail and devests the Re ९ mainders and Reversion
224
Is a Revocation of a Devise
228
Creates a Forfeiture in some cases id
230
CHAP XIII
231
What Persons Estates and Interests are not barred by Fine 2 The King
232
Estates not devested
233
Or where the Possession is not adverse
235
Future Interests
236
A Rent Right of Way or Common
238
Estates in Dower and Jointures
240
Estates held Jure Uxoris
241
Estates Tail of the Gift of the Crown for Services id
242
Must be followed by an Action
258
Averment of Fraud
262
Courts of Equity
264
72
265
CHAP III
282
Origin of Recoveries
283
CHAP II
287
Writ of Entry
288
Construed favourably
289
Tenant to the Praecipe who must have the Freehold
290
Before the Judgment
294
Or within the Term
296
Leases for Lives need not be Surrendered
298
But Persons having a prior Estate for Life must Join 299
299
A Surrender sometimes presumed
300
How a Tenant to the Præcipe may be made
309
Though no Case be declared
310
Husband seised jure uxoris may make a Tenant to
312
Feoffment
313
Grant
333
Writ of Summoneas ad warrantizandum
342
All the Proceedings may be Enrolled
360
CHAP IV
366
Sect Page 1 Who may Suffer a Recovery
376
Infants
378
ExceptionInfant Trustees
380
Idiots and Lunatics
381
Who may take by Recovery
382
Writ of Entry
383
Description of the Estates
384
Judgment
386
CHAP VII
388
Ancient modes of barring Estates Tail
390
A Recovery bars an Estate Tail
394
With all Remainders and the Reversion
402
And an Entail of a Rent Charge
406
Recoveries with Single and Double Voucher id
414
An Heir in Tail allowed to inspect Title Deeds
416
Effect of a Recovery in barring particular Persons Estates and Interests Sect Page 2 Parties
417
Trust Estates
419
Powers Appendant and in Gross
425
But not Powers Collateral
426
Contingent Remainders
430
Writs of Error to Reverse Fines
431
CHAP IX
432
Does not alter the Descent
436
Exception
439
CHAP X
446
Estates in Dower and Jointures
447
Fine sur cognizance de droit come ceo
448
By what Descriptions
450
Estates held jure uxoris
453
Estates Tail granted by the Crown for Services
454
Reversions Vested in the Crown
464
Estates held by Elegit
465
Executory Devises
466
Must be brought within twenty years
483
A Recovery may be falsified
489
Alienation by Custom
495
id
497
Presentment
501
Surrenders by way of Mortgage
512
Forfeiture and Regrant
526
Sect Page 15 Does not Alter the Descent
530
Surrender
531
A Custom to bar by Surrender or Recovery is good
532
A Grant of the Freehold destroys an Estate Tail
535

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Δημοφιλή αποσπάσματα

Σελίδα 476 - 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 24 - 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 11 - Philip the son for life, remainder to trustees to preserve contingent remainders, remainder to his first and other sons in tail male, remainder to the...
Σελίδα 232 - ... shall be utterly void and of none effect, to all intents, constructions and purposes ; any law, custom, or usage to the contrary anyways notwithstanding.
Σελίδα 325 - Seisin is a technical term to denote the completion of that investiture by which the tenant was admitted into the tenure, and without which no freehold could be constituted or pass.
Σελίδα 105 - Scavengers and to Displace all or any of them and to put others in their rooms and to add to or Diminish...
Σελίδα 37 - Corpus, according to the true intent and meaning of this act, may be directed and run into any county palatine, the cinque ports, or other privileged places within the kingdom of England, dominion of Wales, or town of Berwick-upon-Tweed, and the Islands of Jersey or Guernsey ; any law or usage to the contrary notwithstanding.
Σελίδα 24 - Saving always to the king's most excellent Majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate...
Σελίδα 325 - When the lord consented, the only form of conveyance was by feoffment publicly made, coram paribus curies, with the lord's concurrence. Homage, or fealty, was solemnly sworn ; and suit of court and services were frequently done. The freeholder represented the whole fee, did the duty to the lord, and defended the whole fee against strangers. The freehold never could be in abeyance ; because the lord must never be at a loss to know upon whom to call as his tenant; nor a stranger at a loss to know against...
Σελίδα 524 - R. 218. marriage, then to the use of himself for life, remainder to his wife for life, remainder to trustees to preserve contingent remainders, remainder to the children of the marriage, in such manner as B.

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