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

Front Cover
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

But not a Remainder after an Estate for Life
14
Construction of Private Acts
16
How iuch Recoveries may be reversed
17
Effect of the General Saving
25
May be relieved against
31
TITLE XXXIV
39
7 Grants of Franchises
40
Exceptions
43
Of the Kings Private Property
47
4 Of Lands acquired by Escheat or Forfeiture
48
5 How Kings Grants are construed
49
TITLE XXXV
62
Origin of Fines
63
When first introduced
68
CHAP II
70
Present Manner
73
Original Writ
74
aa Licentia Concordandi
77
Concord
83
Similar to a Judgment
85
Against whom 279
86
Note
87
All the Proceedings on Fines must be recorded
89
No Averment against the Record of a Fine
91
Exception
93
Motions to prevent Fines from being completed
94
Felony to acknowledge a Fine in the Name of another
95
When it begins to operate
96
Of the Proclamations
99
CHAP III
101
Sur Cognizance de Droit tantum
106
Fine sur Cognizance de Droit come ceo c
107
CHAP IV
111
Of Cities and Corporate Towns
118
ao Who may take the Acknowledgement of Fines
119
Commissioners under a Writ of Ded Pol id
124
Rules of Court on this Subject
126
CHAP V
130
The King
131
Joint Tenants Coparceners and Tenants in Common
135
Tenant to the Praecipe
140
Who are incapable of levying Fines id
144
CHAP VI
152
CHAP VII
160
Names of the Parties not amended
168
Of the Statute Definibus levatis
175
Aud in a Trust Estate
179
CHAP X
199
Lay Corporations
200
Married Women id
201
As to their own Estates
202
As to Dower and Jointure
203
Effect of a Covenant that a married Woman shall levy a Fine
207
Trust Estates
208
Terms for Years 211
211
Copyholds 213
213
Estates held by Statute Merchant c
214
Powers Appendant and in Gross id
216
A Right of Entry
218
Writs of Error
219
CHAP XI
220
And Persons having Offices
235
And Strangers having different Rights id
238
Exceptions in favour of Infants c
239
Page
241
Caae of Persons dying under their Disabilities
246
CHAP XII
250
Estate
261
CHAP XIV
276
The Parol demurs for Infancy
281
Manner of Reversal
282
Must be brought within Twenty Yeats id
283
Writ of False Judgment
284
Motion
286
Model of avoiding the Effects of a Fine id
287
Actual Entry
288
Must be followed by an Action
292
Plea that the Parties had no Estate id
297
Courts of Equity
309
TITLE XXXVI
320
Origin of Recoveries
321
CHAP II
327
Writ of Error
328
Though no Use be declared
353
Feoffment
357
Grant 378
378
Bargain and Sale enrolled
379
A Recovery sometimes good without a Tenant to the Praecipe
380
CHAP III
381
Parties 4
387
Writ of Summoneas ad warrantizandum
389
Of Judgment
392
It relates to the Returnday of the Writ
393
But cannot relate to a Sunday
404
Of Execution
409
May be had against the Heir
410
All the Proceedings in Recoveries may be enrolled
413
After 20 Years the Deeds to make a Tenant to the Praecipe are sufficient Proof of a Recovery
414
CHAP IV
416
Of Great Sessions in Wales
417
Rents
418
But not of a Fishery
419
ExceptionInfant Trustees 147
428
Who are disabled from suffering Recoveries
429
Persons attainted
430
ExceptionInfant Trustees
433
Idiots and Lunatics id
434
CHAP VI
436
Description of the Estates
438
Trust Estates 477
439
Judgment 44 0
440
CHAP VII
443
An Heir in Tail allowed to inspect Title Deeds
474
Powers appendant and in gross
475
Contingent Remainders
490
CHAP IX
492
CHAP X
508
Reversions vested in the Crown 548
517
Estates held by Elegit
529
60 Executory Devises
530
Who may bring it 7 278
531
TITLE XXXVII
557
What Estate may be surrendered
563
The Admittance must be according to the Surrender id
569
Surrenders by way of Mortgage
577
Construction of Surrenders id
583
A Surrender is sometimes supplied in Equity
591
Within what time
593
Effect of such a Recovery on a Descent
598
Surrender
605
3i A Custom to bar by Surrender or by Recovery is good
606
A Grant of the Freehold will destroy an Estate Tail
609
How an Equitable Entail may be barred
611
How conditional Fees are barred
613
Effect of Releases
614

Other editions - View all

Common terms and phrases

Popular passages

Page 27 - 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.
Page 542 - 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...
Page 542 - ... 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: secondly, that the judgment of a Court of exclusive jurisdiction directly upon the point, is in like manner conclusive upon the same matter, between the same parties, coming incidentally in question in another Court, for a different purpose.
Page 372 - 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.
Page 18 - ... 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.
Page 369 - 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.
Page 41 - 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.
Page 26 - 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...
Page 116 - Persons above mentioned shall be of the same Force and Effect, to all Intents and Purposes, as...
Page 48 - That it shall and may be lawful for his Majesty, his heirs and...

Bibliographic information