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

Front Cover
A. Strahan, 1818 - Real property

From inside the book

Contents

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
28
Procuring a Presentation for Money
29
A Lease postpones the Right of Entry
30
Sale of the Presentation during a Vacancy
31
Sale of the next Presentation good
33
Exception
35
Bonds of Resignation
37
The Entry must be on the Land
38
TITLE XXII
46
Different Kinds
48
How and when due
49
Of what Things Predial Tithes are due
50
Hay
51
Underwood
52
Hemp Flax c
54
Gardens
55
Of what Things mixed Tithes are due
56
To whom Tithes are payable
57
When it goes to the Executor and when to the Heir
59
22
61
Remedies for Recovery of Rents
67
Act of Parliament
69
Nature
82
By Release
104
By Severance
106
By Enfranchisement of Copyholds id
107
TITLE XXIV
109
How to be used
112
Cannot be divested
115
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
How to be exercised
135
Qualifications required
138
Statute against Selling or Buying Offices
139
Where Equity will interpose
142
How Offices may be lost
144
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 B
156
Dignities by Tenure
158
Cases where Dignities have gone with Lands
163
Dignities
167
Dignities by Writ
171
The Person summoned must sit
172
Are Hereditary
174
Of Writs to the eldest Sons of Peers
177
Dignities by Charter id
178
On whom Dignities can be conferred
180
CHAP II
182
May be entailed
184
With a Remainder over
187
Descent of Baronies created by Writs to the eldest sons of Peers
237
Is the same as that of the antient Barony 57 Descent of Dignities created by Letters Patent
248
Nature
250
A Park
254
A Free Warren
255
A Forest 12 A Chace TITLE XXVII
258
A Manor
262
Rights of the Lords as to Game
263
A Court Leet
266
Wreck
267
Estray
269
Treasure Trove
270
Deodands
271
Fairs and Markets id
272
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
CHAP II
303
Or to commence in futuro
309
251
311
Apportionment of Rent Service at
320
DESCENT
329
Right of Possession
331
Discontinuance of Estates
333
What constitutes a complete Title
334
CHAP II
337
But a Title may be deduced through an Alien
342
Or naturalized or made Denizens
343
CHAP III
348
Exceptions to this Rule
350
Explanation of the First Canon
351
Exclusion of the ascending Line
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
CHAP IV
412
An Act of Ownership operates as a Seisin
418
Borough English
425
TITLE XXX
435
The Lord by Escheat may distrain for Rent
462
And to all Charters
463
Is subject to Incumbrances
464
TITLE XXXI
466
Prescription by immemorial Usage
468
What may be claimed by
469
Must be beyond Time of Memory
472
And have a continued Usage
473
And be certain and reasonable id
475
Descent of Prescriptive Estates
477
CHAP II
478
Statutes of Limitation
479
As to Prescriptive Rights
480
317
483
253
501

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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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