A Treatise on Copyholds, Volume 1W. Clarke and sons, 1816 - Copyhold |
Contents
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Common terms and phrases
according admission admitted afterwards alien attorney baron Baron Gilbert Blackst Burr Calth cited common law consequently copy hold copy of court Copyh copyhold copyhold estates copyhold lands court baron court of equity court roll customary D. B. and S. C. P. declared deed demesne descend devise doctrine Durnf East Edmond Akehurst Eliz entail escheat estate tail Fearne fee-simple feme feme covert frank-tenants freehold Gilb grant by copy habendum heirs and assigns held by copy Henry Wilson homage Ibid interest legal estate Leon limited Litt lord or steward Lord Raym lord's manor of Fairhurst ment messuage Noden particular estate person possession premises present purchase pyhold quia emptores remainder render rent resulting trust Robert Brompton Salk seised seisin special custom surrenderor tenant thereof Timothy Walgrave tion trust Vern villeins void warrant Watk wife
Popular passages
Page ix - ... entitled thereto by virtue of such will, shall be entitled to be admitted except upon payment of all such stamp duties, fees and sums of money as would have been lawfully due and payable in respect of the surrendering of such real...
Page 332 - The clear result of all the cases, without a single exception, is that the trust of a legal estate, whether freehold, copyhold, or leasehold, whether taken in the names of the purchaser and others jointly, or in the name of others without that of the purchaser, whether in one name or several, whether jointly or successive, results to the man who advances the purchase money.
Page 264 - P., his heirs and assigns for ever at the will of the lord according to the custom of the said manor by and under the rents, fines, heriots, suits, and services due and of right accustomed for the same.
Page 333 - ... is to operate by rebutting the resulting trust; and it has been determined in so many cases that the nominee being a child shall have such operation as a circumstance of evidence, that we should be disturbing land-marks if we suffered either of these propositions to be called in question, namely, that such circumstance shall rebut the resulting trust, and that it shall do so as a circumstance of evidence.
Page ix - ... had the testator been duly admitted to such real estate, and afterwards surrendered the same to the use of his will; all which stamp duties, fees, fine, or sums of money due as aforesaid, shall be paid in addition to the stamp duties, fees, fine, or sums of money due or payable on the admittance of such person so entitled or claiming to be entitled to the same real estate as aforesaid.
Page 333 - It is the established doctrine of a court of equity, that this resulting trust may be rebutted by circumstances in evidence. The cases go one step further, and prove that the circumstance of one or more of the nominees being a child or children of the purchaser, is...
Page 567 - Now this Indenture Witnesseth, That in pursuance of the said agreement, and in consideration of the sum of...
Page 337 - ... circumstances whether an advancement was meant, it will be difficult to find such as will support that idea : to be sure taking the estate in the name of the child, which the father might have taken in his own, affords a strong argument of such an intent ; but where the estate must necessarily be taken to him in succession, the inference is very different. These are the difficulties which occur from considering the purchase in the son's name as a circumstance of evidence only. Now if it were...
Page 284 - And it is hereby declared and agreed by and between all the said parties to these presents, that...
Page 567 - Raymond, to be holden of the lord by copy of court roll at the will of the lord according to the custom of...