A Digest of the Laws of England Respecting Real Property, Volume 3

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Saunders and Benning, 1835 - Real property
 

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Contents

Bishops c may grant Offices
13
Because of Vicinage
15
What Offices may be granted to two Persons
18
In Gross
19
And Bankrupts
20
Who are disabled from presenting
21
Lunatics
22
Examination of the Clerk 52 Of Simony
23
Procuring a Presentation for Money 63 Sale of a Presentation during a Vacancy 69 Sale of the next Presentation good
26
Exception
28
Resignation
29
Bonds of Resignation
34
TITLE XXII
37
What Offices may be granted in Reversion
39
18
41
Underwood
42
Hemp Flax and Madder 32 Hops 33 Turnips
43
Garden Plants
44
Agistment Tithes 42 Mixed Tithes 45 Personal Tithes 47 What things are not Titheable
45
To whom Tithes are Payable 53 Rectors or Parsons 54 Vicars
46
Portionists
47
The King 61 Lords of Manors
48
Lay Impropriators 67 What Estate they may have 70 Of Exemptions from Tithes
49
A Real Composition 75 II Prescription de modo decimandi
50
Some Offices may be assigned
51
Who may hold Offices
54
When exerciseable in Person and when by Deputy
61
Stinted Commons 24 Common of Estovers 31 Common of Turbary 35 Common of Piscary 36 Common annexed to Copyholds 41 A Right to Comm...
65
What Oaths c required
72
Statutes against Selling or Buying Offices
78
Extinguishment of Common 82 I By Release 83 II By Unity of Possession 91 III By Severance
81
TITLE XXIV
85
What Offices are not within this Statute
89
Where Equity will interpose 98 How Offices may be lost 99 By Forfeiture 107 By Acceptance of an incompatible Office 110 By the Destruction of ...
92
Officers halfpay not assignable 103
102
104
102
108
102
109
102
id
102
id
117
TITLE XXVI
118
Dignities by Tenure
124
Have sometimes gone with Castles Manors
134
By Letters Patent 57 By Writ
135
The Person summoned must
136
Are Hereditary
138
Writs to the eldest Sons of Peers 83 By Letters Patent id
142
128
143
CHAP II
145
Not subject to Curtesy
150
Cannot be aliened
152
Nor surrendered
153
Nor extinguished by a new Title
154
An Earldom does not attract a Barony
155
Dignities forfeited by attainder for Treason
156
But those in Remainder not affected
157
And also for Felony
158
Except Dignities in tail id
159
Does not extend to entailed Dignities 56 Restitution of Blood
182
A Dignity formerly lost by Poverty
183
Not within the Statutes of Limitation
184
CHAP III
186
The Half Blood may inherit
188
Abeyance of Dignities
189
The Crown may terminate the Abeyance
191
Modes of terminating an Abeyance
192
Effect of a Writ to one of the Heirs of a Coheir id
193
Where only one Heir the Abeyance terminates
195
Cases of Claims by a surviving Heir
200
Descent of Baronies created by Writs to the eldest sons of Peers
210
Is the same as that of the ancient Barony
214
Descent of Dignities created by Letters Patent
218
Cases of Claims to Dignities of this kind
219
Wreck
259
Estray
260
Royal Fish 74 Goods of Felons 75 Deodands 78 A Free Fishery
261
A Hundred
264
How Franchises may be claimed
266
How they may be lost
267
Misuser or Abuser
268
141
270
TITLE XXVIII
271
Rent Service
272
Rent Charge
273
Rent Seck
274
What gives Seisin of a Rent id
275
Upon what Conveyances
276
To what Persons
277
At what time Payable
281
When it goes to the Executor and when to the Heir
283
Remedies for Recovery of Rents
285
Clause of Reentry
286
Right of Entry by way of Use
287
Actions of Debt and Covenant
288
CHAP II
289
And to Dower id
291
Rents may be granted in Remainder
292
And to commence in futuro
293
Are within the Statute of Uses
294
Cannot be devested id
295
CHAP III
297
Discharge of Rent Charge
300
Apportionment of Rent Charge
302
Apportionment of Rent Service at Law
303
By the Statute il Geo II
306
TITLE XXIX
311
Possession
312
Right of possession
313
Right of Property
314
CHAP II
318
A Title may be deduced through an Alien id
325
CHAP III
327
But Females equally
333
What Acts will not have that Effect
340
Trust Estates are within this Rule
350
Sect Page 1 Go to the Heirs of the Person in whom they first vested
378
A Right to a Remainder goes to the Half Blood
380
An Act of Ownership operates as a Seisin
382
CHAP V
385
Customary Descents
387
Borough English
388
Cannot be altered by Limitation
389
Copyhold Descents id
390
Construed strictly
391
TITLE XXX
396
Escheat
397
For Default of Heirs
398
For Corruption of Blood id
399
Any Alienation prevents an Escheat
400
What things Escheat
401
A trust Estate does not Escheat
402
Nor an Equity of Redemption
415
Nor Money to be laid out in Land id
416
Entitled to a Term to attend id
417
Office of Escheator
419
CHAP I
420
id
422
id
426
428
429
CHAP II
430
id
451
em
452
id
453
id
455
id
457

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Page 420 - December 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress, or bring such action, shall have first accrued...
Page 438 - ... to make an entry or distress, or to bring " an action to recover such land or rent, shall have first ac...
Page 445 - And that when any land or rent shall be vested in a trustee upon any express trust, the right of the cestui que trust, or any person claiming through him, to bring a suit against the trustee, or any person claiming through him...
Page 140 - And yet Time hath his revolutions ; there must be a period and an end to all temporal things— -finis rerum, an end of names and dignities, and whatsoever is terrene, and why not of De Vere ? For where is Bohun ? Where is Mowbray ? Where is Mortimer ? Nay, which is more and most of all, where is Plantagenet ? They are entombed in the urns and sepulchres of mortality. And yet let the name and dignity of De Vere stand so long as it pleaseth God!
Page 88 - Offices, which are a right to exercise a public or private employment, and to take the fees and emoluments thereunto belonging, are also incorporeal hereditaments, whether public, as those of magistrates, or private, as of bailiffs, receivers, and the like.
Page 420 - And be it further enacted that in the construction of the Act the right to make an entry or distress or bring an action to recover any land or rent shall be deemed to have first accrued at such time as hereafter is mentioned, that is to say, when the person claiming such land or rent or some person through whom he claims...
Page 436 - ... then been executed by such tenant in tail or the person who would have been entitled to his estate tail if such assurance had not been executed, would, without the consent of any other person, have operated to bar such estate or estates as aforesaid, then at the expiration of such period of twenty years such assurance shall be and be deemed to have been effectual as against any person claiming any estate, interest, or right to take effect after or in defeasance of such estate tail.
Page 439 - Act shall exclude such construction, be interpreted as follows: (that is to say,) the word ' land ' shall extend to manors, messuages, and all other corporeal hereditaments whatsoever, and also to tithes (other than tithes belonging to a spiritual or eleemosynary corporation sole), and also to any share, estate, or interest in them or any of them, whether the same shall be a freehold or chattel interest, and whether freehold or copyhold, or held according to any other tenure ; and the word
Page 435 - ... at the time at which the same shall have become an estate or interest in possession, by the determination of any estate or estates in respect of which such land shall have been held or the profits thereof, or such rent shall have been received, notwithstanding the person claiming such land or...
Page 438 - Forty years next after the time at which such right shall have first accrued, although the person under disability at such time may have remained under one or more of such disabilities during the whole of such...

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