A Digest of the Laws of England Respecting Real Property, Τόμος 1

Εξώφυλλο
A. Strahan, 1818

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Περιεχόμενα

Division of Tenures
27
Tenure in Capite
29
Statute of Quia Emptores
30
Homage
31
Fealty
32
Incidents to it
33
Reliefs
34
Primer Seisin
35
Marriage
36
Fines for Alienation
37
Tenure by Grand Serjeanty id
38
CHAP III
39
By Petit Serjeanty
40
In Burgage
41
Have no Allowance for Trouble
42
JI In ancient Demesne id
43
Parol Evidence allowed to shew the Intent
45
Incidents to these Tenures id
47
Of Courts Baron
49
Superior and Inferior Manors
50
Nor on a Grant of an Estate Tail
51
Page 132
53
Free Copyholds
57
Was unalienable
58
His Obligation on Eviction
64
Feudum Talliatum
75
Qualified Fees
78
Tail Male and Female
80
Power to commit Waste
90
50
94
id
109
TITLE III
113
Origin of Trusts
115
But must keep down the Interest
120
57
127
CHAP II
129
59
146
TITLE IV
153
TITLE V
158
2 Seisin
160
96
162
In the Lifetime of the Wife
163
And capable of inheriting the Estate id
164
CHAP II
166
Description of
167
Estates in Coparcenary and Common
169
Equities of Redemption
170
What Things are not liable to Curtesy id
171
Reversions and Remainders id
172
Forfeitable for Alienation
173
Origin and different Kinds of Dower 2 Origin of Dower 8 Dower at Common Law 9 Dower by Custom 13 Dower ad Ostium Ecclesia 16 Dower de la...
174
Page
175
159
177
Circumstances required to give a Title to Dower and what Persons are capable of it 1 Circumstances required 2 1 Marriage 5 How it must be proved 6...
180
id
185
id
186
CHAP III
187
Where a Widow has an Election id
189
What Things are not liable to Dower
190
Lands assigned for Dower id
191
Uses and Trusts
192
The Dowress entitled to Emblements
193
Restrained from Alienation id
194
CHAP IV
195
Who may assign
196
Remedies against an improper Assignment
199
Effect of an Assignment of Dower id
200
CHAP V
202
Detinue of Charters
205
Fine or Recovery
206
tion
209
Sometimes held a Satisfaction
210
A Bequest of Personal Estate is no Bar to Dower
216
TITLE VII
217
Definition of
219
Circumstances required
220
Must be limited to the Wife herself
221
In Satisfaction of her whole Dower id
222
And made before Marriage
223
b 4
224
Who may limit a Jointure
226
Nature of this Estate
228
A Rentcharge is usually given as a Jointure
229
Effect of the Eviction of a Jointure
230
CHAP II
231
Though the Settlement be unequal
232
Relieved against a voluntary Conveyance
233
CHAP III
237
Unless so expressed and then the Widow has an Elec
247
A Devise sometimes held a Satisfaction
253
Of the Incidents to Estates for Years Page
256
May determine by Proviso
262
id
263
Tenants for Years entitled to Estovers
266
Clause without Impeachment of Waste
270
When entitled to Emblements id
271
May be limited for Life with a Remainder over
272
Merged by a Union with the Freehold
273
And also by Surrender
277
How proved
308
CHAP II
311
All Lords of Manors may make Grants
312
Provided they have a lawful Estate
313
Though under Personal Disabilities
314
A Steward make Grants may id
315
The Custom must be observed
316
Copyhold Grants take place of many other Estates
320
CHAP III
322
But cannot in general commit Waste
324
Copyholds are descendible
326
Not liable to Debts
327
Subject to Free Bench id
329
And by the Alienation of the Husband
330
Or even an Agreement to convey
332
And by Forfeiture
333
And by a Grant of the Freehold to the Husband id
334
What Statutes extend to Copyholds
335
Fines upon Descent
337
Of a Devisee
339
Without a Special Custom
340
Nor unless there is an Alteration of the Tenant
341
Or an Agreement to surrender id
342
Fines on Change of the Lord
343
No more than Two Years Value can be demanded
347
Except on Voluntary Grants
350
Fines must be assisted severally id
351
Of Heriots
352
CHAP V
356
74
357
Waste
360
Disclaiming Tenure
361
Refusal to perform Services id
362
Refusal to pay Rent
363
Nonappearance of the Heir to be admitted id
364
Of a Person in Remainder
367
Of a Surrenderee
369
Origin of Uses
386
Nature of a Use
394
And of Privity of Estate
398
Who might be seised to Uses
399
What might be conveyed to Uses
400
Rules by which Uses were governed
401
Could not be raised without a Consideration id
402
Might commence in futuro
403
Not subject to Dower or Curtesy
404
Not extendible or Assets id
405
CHAP III
409
Estate Tail
414
Estate for Life
417
What may be conveyed to Uses id
418
129
429
Or for any other Purpose to which a Seisin
451
necessary
460
A Trust Estate limited after Payment of Debts vests immediately
462
Terms for Years limited in Trust id
463
Resulting or implied Trusts
464
Purchase with Trust Money
466
Conveyance without Consideration
468
A Trust declared in part
469
Or which cannot take effect
470
Where no Appointment is made
471
Renewal of a Lease by a Trustee id
472
Where there is Fraud
473
ment
474
ExceptionChildren emancipated
479
And also a Wife id
480
All Trusts are Executory id
481
Of the Rules by which Trust Estates of Freehold are governed I A Trust is equivalent to the Legal Ownership
483
Trusts are alienable
484
Devisable and descendible
485
And also limited for Life id
486
But not to Dower
488
Nor to Free Bench
490
Subject to Forfeiture for Treason
491
But not for Felony
492
Not subject to Escheat
493
And to Debts due to private Persons id
494
Where a Legal Estate is a Bar in Ejectment
495
Where a Reconveyance will be presumed
496
VOL I
497
CHAP III
499
Terms attendant on the Inheritance
501
How Terms become attendant
502
When a Term is in Gross
506
A Term attendant may become a Term in Gross
509
A Term attendant is Part of the Inheritance
510
Not forfeited for Felony
511
And also from Dower
515
Must be assigned to a Trustee for the Purchaser
516
A Term will not protect the Heir against Dower
519
Nor the Assignees of a Bankrupt
520
Neither Jointure nor Curtesy barred by a Term id
521
Of the Estate and Duty of Trustees 1 Estate of Trustees
523
Duty of Trustees
524
Their Acts shall not prejudice the Trust
525
ExceptionConveyance without Notice id
526
130
533

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Σελίδα 279 - Tenant at will is, where lands or tenements are let by one man to another, to have and to hold to him at the will of the lessor, by force of which lease the lessee is in possession.
Σελίδα 419 - Keller his heirs and assigns. To the only proper use and behoof of the said David H. Keller his heirs and Assigns Forever And the said William H.
Σελίδα 462 - That where any conveyance shall be made of any lands or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law, or be transferred or extinguished by an act or operation of law, then and in every such case such trust or confidence shall be of the like force and effect as the same would have been if this statute had not been made; anything hereinbefore contained to the contrary notwithstanding.
Σελίδα 461 - June (1677) all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Σελίδα 435 - But in the case of a devise to A. and his heirs, to the use of B. for life, remainder to the first and other sons of B. in tail, there is no reason why the seisin of A.
Σελίδα 30 - Free services were such as were not unbecoming the character of a soldier or a freeman to perform; as to serve under his lord in the wars, to pay a sum of money, and the like. Base services were such as were fit only for peasants, or persons of a servile rank ; as to plough the lord's land, to make his hedges, to carry out his dung, or other mean employments.
Σελίδα 83 - As to the heirs of a man's body, by which only his lineal descendants were admitted, in exclusion of collateral heirs; or to the heirs male of his body, in exclusion both of collaterals, and lineal females also.
Σελίδα 377 - Tenants by Copy of Court Roll, according to the Custom of the Manor...
Σελίδα 126 - That if no Disposition by Will shall be made of any Estate pur autre vie of a Freehold Nature, the same shall be chargeable in the Hands of the Heir, if it shall come to him by reason of special Occupancy, as Assets by Descent, as in the Case of Freehold Land in...
Σελίδα 489 - ... to do, make and deliver execution unto the party in that behalf suing, of all such lands, tenements...

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