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

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Contents

Infants 18 G 27 Joint Tenants
20
Coparceners
21
Tenants in Common
22
Effects of a Partition
23
Nor surrendered to the King
24
Mortgagors may nominate id
25
Who are disabled from presenting id
26
Examination of the Clerk
27
Of Simony a
28
Procuring a Presentation for Money
29
Page
31
Sale of the Presentation during a Vacancy 4
33
Exception
35
Bonds of Resignation
38
Corruption of Blood
40
Does not extend to entailed Dignities
42
Restitution of Blood
44
TITLE XXII
46
Different kinds
48
How and when due
49
Of what Things Predial Tithes are due
50
Corn and other Grain id
51
Underwood
52
Hemp Flax c
54
Gardens
55
Of what Things mixed Tithes are due
56
Of what Things personal Tithes are due id
57
The King
59
Lords of Manors O
60
What Estate they have
61
Of Exemptions from Tithes
62
Prescription de modo decimandi
64
Prescription de non decimando
65
Remedies for Recovery of Rents
67
Act of Parliament
68
Nonpayment of Tithes cannot be pleaded against a Layman id
69
Long Possession of a Portion of Tithes creates a Title
72
Right of Entry by way of
75
TITLE XXIII
82
Appendant
83
Appurtenant
84
Because of Vicinage
86
In Gross
87
Stinted Commons id
88
Common of Turbary
89
Common of Piscary
90
Common annexed to Copyholds id
92
Common may be apportioned id
93
Approvement of Common
97
Page
99
Inclosure of Commons
102
Extinguishment of Common
104
By Severance
106
By Enfranchisement of Copyholds id
107
TITLE XXIV
109
TITLE XXV
117
How created
118
Offices incident to others
119
How Offices may be granted
120
Bishops c may grant Offices
121
What Offices may be granted to two Persons
125
What Estate may be had in an Office
126
What Offices may be granted in Reversion
129
What Offices may be entailed
130
When subject to Curtesy and Dower
132
Some Officer may be assigned id
133
Qualifications required
138
Statute against Selling or Buying Offices
139
187
140
id
141
Acceptance of an incompatible Office
146
Destruction of the principal
147
TITLE XXVI
149
English Nobility
151
Barones Majores et Minores
154
Necessity of a Writ of Summons
155
Names of Dignities
156
May be entailed
184
With a Remainder over
187
id
196
CHAP III
204
Descent of Baronies created by Writs to the eldest
214
An Estate in
222
inc 237 sons of Peers
237
Is the same as that of the antient Barony 57 Descent of Dignities created by Letters Patent
243
An Estate Tail
244
A Park
254
A Free Warren
255
A Free Fishery
260
A Manor
262
Rights of the Lords as to Game
263
A Court Leet
266
Wreck
267
Estray O
269
Treasure Trove
270
Deodands O
271
How Franchises may be claimed
274
How they may be lost
275
Surrender
276
Nonuser
277
TITLE XXVIII
280
Rent Service
281
Rent Charge
282
Rent Seck
283
Other Sorts of Rents id
284
What gives a Seisin of a Rent id
285
Upon what Conveyances and how 287
289
At what time payable
294
Subject to Curtesy
303
Or to cease for a Time only
309
Right of Possession
331
Discontinuance of Estates
333
What constitutes a complete Title
334
TITLE XXVII
337
Who may be Heirs
339
And Naturalborn Subjects
340
But a Title may be deduced through an Alien O
342
Or naturalized or made Denizens
343
Nature of a Title
345
CHAP III
348
Explanation of the First Canon
352
2d CanonMales preferred to Females
353
3d CanonThe eldest Male succeeds
354
But Females equally
355
5th CanonCollateral Descents
356
The Heir must be descended from the first Purchaſer id
358
What Acts will alter the Descent
359
What Acts have not that Effect
363
Rule of Collateral Descents
364
Observations on Blackstones Doctrine of Descent
365
id
375
FRANCHISES
376
Nature
395
Of the Descent of Estates in Remainder and Reversion 412 2 Remainders c descend to the Heirs of the Person in whom they first vested 6 A Right to ...
412
An Ad of Ownership operates as a Seisin
415
CHAP V
421
Gavelkind
424
Borough English 19 Cannot be altered by Limitation 20 Copyhold Descents 26 The Half Blood excluded 31 Construed strictly
425
id
428
TITLE XXX
435
Of Escheat II Escheats for Default of Heirs 12 From Corruption of Blood 436
437
TITLE XXXI
466
A Forest
475
As to Avowries
481
As to Entry on Lands
483
Effect of Twenty Years Possession
484
The Possession must be adverse id
489
Where a Second Right accrues a new Entry is given o
499
A Chace o 250 151 253
501
And followed by an Action
502
Savings in the Statute s1 Jac id
503
Ecclesiastical Corporations
504
Rents created by Deed id
506
Where Equity adopts the Doctrine of Limitations
508

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Common terms and phrases

Popular passages

Page 315 - ... when the party by his own contract creates a duty or charge upon himself he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 127 - III. c. 23, enacted at the earnest recommendation of the king himself from the throne, the judges are continued in their offices during their good behaviour, notwithstanding any demise of the crown...
Page 185 - I have laboured to make a covenant with myself that affection may not press upon judgment ; for I suppose there is no man that hath any apprehension of gentry or nobleness, but his affection stands to the continuance of so noble a name and house, and would take hold of a twig or a twine thread to uphold it.
Page 363 - John the elder died. John the younger suffered a common recovery to the use of himself for life, remainder to his wife for life, remainder to the heirs male of their two bodies, remainder to the use of the will of John the elder,
Page 185 - I heard a great peer of this realm, and a learned, say, when he lived there was no king in Christendom had such a subject as Oxford.
Page 36 - ... directly or indirectly, in his own name, or in the name of any other person or persons...
Page 186 - 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!
Page 508 - But as often as parliament had limited the time of actions and remedies to a certain period, in legal proceedings, the Court of Chancery adopted that rule, and applied it to similar cases in equity. For when the legislature had fixed the time at law, it would have been preposterous for equity, which, by its own proper authority, always maintained a limitation, to countenance laches beyond the period that law had been confined to by parliament ; and, therefore, in nil cases where the legal right has...
Page 376 - VII. The seventh and last rule or canon is, that in collateral inheritances the male stocks shall be preferred to the female (that is, kindred derived from the blood of the male ancestors, however remote, shall be admitted before those from the blood of the female however near),- — unless where the lands have, in fact, descended from a female.
Page 483 - Parliament, or within twenty years next after any other title of entry accrued ; (4) and that no person or persons shall at any time hereafter make any entry into any lands, tenements or hereditaments, but within twenty years next after his or their right or title which shall...

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