A Digest of the Laws of England Respecting Real Property, Volume 3A. Strahan, 1818 - Real property |
From inside the book
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Page xiv
... Purchase 6. Of Escheat ESCHEAT . II . Escheats for Default of Heirs 12. From Corruption of Blood 421 422 id . 423 id . · 425 id . 426 428 · 429 435 436 437 · 438 15. No Escheat where there is a Tenant 19. Any CONTENTS .
... Purchase 6. Of Escheat ESCHEAT . II . Escheats for Default of Heirs 12. From Corruption of Blood 421 422 id . 423 id . · 425 id . 426 428 · 429 435 436 437 · 438 15. No Escheat where there is a Tenant 19. Any CONTENTS .
Page 25
... purchases an advowson , and the church becomes vacant , the king shall have the presenta- tion . 43. Where a person seised of an advowson is out- lawed , and the church becomes vacant while the outlawry is in force , such person is ...
... purchases an advowson , and the church becomes vacant , the king shall have the presenta- tion . 43. Where a person seised of an advowson is out- lawed , and the church becomes vacant while the outlawry is in force , such person is ...
Page 33
... purchase of the next presentation to a church , when Hob . 165 . the incumbent is in a dying state , is simony ; but it 19 Vin . Ab . was determined , in the following case , that a purchase of an advowson in fee simple , under these ...
... purchase of the next presentation to a church , when Hob . 165 . the incumbent is in a dying state , is simony ; but it 19 Vin . Ab . was determined , in the following case , that a purchase of an advowson in fee simple , under these ...
Page 34
... purchase made with an intent to present a particular person , was simoniacal ; and the laws against simony , when they merely vacated the presentation , were considered as remedial , and con- strued largely ; when they inflicted a ...
... purchase made with an intent to present a particular person , was simoniacal ; and the laws against simony , when they merely vacated the presentation , were considered as remedial , and con- strued largely ; when they inflicted a ...
Page 35
... purchase an advowson merely with the prospect , however probable , that the church would soon become void , was either corrupt or simoniacal ; though , by the common law , if a clerk , or a stranger , with the privity of the clerk ...
... purchase an advowson merely with the prospect , however probable , that the church would soon become void , was either corrupt or simoniacal ; though , by the common law , if a clerk , or a stranger , with the privity of the clerk ...
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Common terms and phrases
advowson agistment alienation ancestors ancient annexed appurtenant barony benefice bishop blood bonds of resignation cattle Chancery church claimed clerk coheirs common appendant common law common of pasture copyholder court of equity created Crown curtesy custom daughter decimando deed defendant deputy descended determined dignity discharged Earl eldest Eliz entitled escheat estovers exemption exercised extinguished father fee simple freehold grant Gwill heirs male held honour House of Lords Idem incumbent inheritance Inst issue judgement justice King land lay impropriator lease lessor letters patent Lord Coke Lord Coke says manor ment opinion owner parish parliament patron payable payment of tithes person plaintiff portion of tithes prescription present profits purchase question rector rent charge resolved reversion right of common seised seisin simoniacal simony small tithes statute of Merton tenements tenure thereof tion titheable tithes trust unity of possession vicar void writ of summons
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...