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

Front Cover
 

Contents

Oath of Fidelity
lxi
Duties of the Lord and Vassal id
lxi
Was unalienable 15
1
Estate of the Lord 16
2
Descent of Feuds 17
4
Investiture upon a Descent
5
Estates in Land
8
Escheat id
9
Division of Tenures
10
Tenure in Capite
12
Statute of Quia Emptores
13
Homage 21 Fealty
18
Of Seisin
19
Feudal Forfeitures id
20
Feudal Jurisdiction
21
Marriage
22
Fines for Alienation 36 Escheat 37 Tenure by Grand Serjeanty
23
CHAP III
25
Abatement
27
Disseisin
29
Abeyance of the Freehold
32
Manors
35
Courts Baron
38
Inferior Manors
40
How Manors are destroyed
41
Tenure in Socage
42
By Petit Serjeanty
43
In Burgage
44
In ancient Demesne id
45
In Gavelkind
46
But allowed for all Costs and Expenses id
48
Changes in Socage by Stat 12 Charles II
50
Free Copyholds
51
Tenure in Frankalmoign
52
TITLE I
53
Corporeal or Land
54
Incorporeal
55
Qualified Fees Page
72
TITLE II
74
Statute De Donis 12 Description of an Estate Tail 74 77
78
Tail General and Special 14 Tail Male and Female
79
Estates in Frank Marriage
80
Estates Tail are held of the Donor 22 How Created
81
What may be entailed 80 81 id
82
Who may be Tenants in Tail
83
Power to commit Waste 36 Subject to Curtesy and Dower 37 But not to Merger 39 Tenant in Tail entitled to the Deeds 40 Is not bound to pay off Inc...
84
id
85
CHAP II
87
His alienation not absolutely void
88
TITLE III
104
May Pray in
110
Ecclesiastical Persons are quasi Tenants for Life
117
Of Clause without Impeachment of Waste
118
Of the Action of Waste
124
Waste by Ecclesiastics
136
This Tenant has the Property of the Timber id
142
Curtesy in Gavelkind
151
Subject to Curtesy
155
TITLE VI
160
Seisin of Gavelkind Lands
167
Wrongful Estates
170
Equities of Redemption id
172
Incorporeal Hereditaments
173
Restrained from Alienation
176
CHAP IV
184
Unless so expressed when the Widow has an Election 190
196
Sect Page 9 And be for the life of the Wife
200
Must be limited to the Wife herself
201
This Rule is not admitted in Equity id
202
And be so expressed id
203
Jointures which require the acceptance of the Widow id
205
An Infant is barred by a Jointure id
211
A Rent charge is usually given as a Jointure
212
CHAP II
214
Relieved against a Voluntary Conveyance
216
Nor to deliver up Title Deeds
217
Sometimes allowed Interest for Arrears
218
CHAP III
219
A Devise is no Bar to a Jointure
221
Unless so expressed when the Widow has an Election
233
A Devise sometimes held a Satisfaction
234
TITLE VIII
236
May determine by Proviso
242
Circumstances necessary to their Existence
271
The Things granted must be Parcel of the Manor
274
What will Destroy the Custom of Granting
276
What may be granted by Copy
277
Copyhold Customs
279
How Proved
280
Must commence on the Death of the Husband
281
Rights of the Lord
282
CHAP II
283
All Lords of Manors may make Grants
284
Though under Personal Disabilities
285
Provided they have a Lawful Estate
286
Estates in Fee or in Tail may be Granted
287
And Estates for Life or Lives
289
No General Occupancy id
290
Copyhold Grants take place of many other Estates
294
Sect Page 1 Copyholders subject to Fealty
296
Copyholds are Descendible
300
Subject to Free Bench
301
Which may be barred by a Jointure
303
Or even an Agreement to Convey
305
And by Forfeiture
306
And by a Grant of the Freehold to the Husband
307
What Statutes extend to Copyholds
308
CHAP IV
310
Not due from Remaindermen
312
Without a Special Custom
313
Nor without a Change of the Tenant
314
Fines on Change of the Lord
315
No more than two years value can be demanded
319
Except on Voluntary Grants
322
How Recovered
323
CHAP V
327
Alienation contrary to the Custom
328
Leases contrary to the Custom
329
Refusal to pay Rent
333
Of a Surrenderee
339
Where Relief has been refused
345
Escheat or Forfeiture
352
CHAP II
360
Not an Object of Tenure id
366
Not subject to Forfeiture
367
Uses were Alienable
368
Without words of Limitation id
369
Might be revoked id
370
Statutes made to remedy them
371
CHAP III
373
Estates for Life
380
A Cestui que Use in Esse
381
In what cases the Statute operates
382
A Use in Esse
386
CHAP IV
391
Contingent Uses
392
Conveyances arising from the Statute of Uses
395
Whether the Statute extends to Devises
397
Resulting Uses
399
Uses by Implication
403
No Use results but to the owner of the Estate id
404
TITLE XII
410
A Use limited upon a Use
412
Limitation to Trustees to pay over the Rents
413
Trust for the separate Use of a Woman
414
Trust to sell or to pay Money
416
Or for any other Purpose to which a Seisin is necessary
417
A Trust Estate limited after Payment of Debts vests immediately
419
Term for Years limited in Trust
420
How Trusts may be declared id
421
Contract for a Purchase
422
Purchase with Trust Money
423
Conveyance without Consideration
425
A Trust declared in Part
426
Or which cannot take Effect id
427
Where no appointment is made
428
Renewal of a Lease by a Trustee id
429
Trusts of Copyholds id
430
ExceptionChildren Emancipated
434
And also a Wife id
435
All Trusts are Executory
436
CHAP II
438
Trusts are Alienable
440
Merge in the Legal Estate
448
CHAP IV
487

Common terms and phrases

Popular passages

Page 402 - June 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.
Page 239 - 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.
Page 365 - 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.
Page 364 - ... or other hereditaments, to the use, confidence, or trust of any other person or persons...
Page 28 - And that all fines for alienations, tenures by homage, knight-service, and escuage, and also aids for marrying the daughter or knighting the son, and all tenures of the king in capite, be likewise taken away. And that all sorts of tenures, held of the king or others, be turned into free and common socage ; save only tenures in frankalmoign, copyholds, and the honorary services (without the slavish part) of grand serjeanty.
Page 403 - 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.
Page 380 - 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.
Page 18 - 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.
Page 109 - ... hereditament, it shall go to the executor or administrator of the party that had the estate thereof by virtue of the grant ; and if the same shall come to the executor or administrator either by reason of a special occupancy or by virtue of this act, it shall be assets in his hands, and shall go and be applied and distributed in the same manner as the personal estate of the testator or intestate.
Page 368 - And also saving to all and singular those persons, and to their heirs, which be, or hereafter shall be seised to any use, all such former right, title entry, interest, possession, rents, customs, services and action as they or any of them might have had to his or their own proper use, in or to any manors, lands, tenements, rents or hereditaments, whereof they be, or hereafter shall be seised to any other use...

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