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

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Contents

Who may preſent
21
JointTenants
23
ibid 35 Tenants in Common
25
Effect of Partition jbid 39 Mortgagor may nominate
26
May be granted in Remainder
27
And alſo a Bankrupt
28
May commence in futuro
30
But not a Lunatic
31
Who are diſabled from preſenting ibid 51 Of Simony
32
A Rent cannot be deveſted
33
31 Must be certain and reaſonable 533
34
Of Reverſionary Grants
35
How a Rent may be forfeited
36
What Offices may be intailed
40
Of Bonds of Reſignation
43
Some Offices may be held by Two Perſons
46
What Offices may be afligned
51
TITLE XXII
52
Different kinds
54
Of what Things Predial Tithes are due
57
Agiftment
62
Hemp Flax c
63
Gardens
64
Of what Things perfonal Tithes are due
65
What Things are not titheable
66
Of Lay Impropriations
69
Long Poſſeſſion of a Portion of Tithes gives a Title
71
Of Exemptions from Tithes
73
Whether good againſt a LayImpropriator
77
Nonpayment will ſupport a Claim to a Portion of Tithes
82
Preſcription de Modo Decimandi
89
Real Compoſition
90
Incloſure Acts
91
Nature of Page
92
Common of Paſture ibid 3 Appendant
93
Appurtenant
94
Forfeiture
95
Becauſe of Vicinage
96
In Groſs
97
Stinted Common
98
Common of Eftovers
99
Common of Turbary
101
Apportionment of Common IC2 38 Rights of the Lord ibid
102
Acceptance of an incompatible Office
105
Rights of the Commoners
106
Deſtruction of the Principal
108
Approvement of Common ibid 71 Incloſure of Common
113
Extinguiſhment of Common
114
By Releaſe ibid 77 By Unity of Poffeflion ibid 86 By Enfranchiſement of Copyhold
117
Common be revived may
119
TITLE XXIV
121
TITLE XXV
131
Nature of an Office
132
TITLE XXVI
171
343
217
106
227
A Peer degraded for Poverty
234
A Dignity not extinguiſhed by a new Title
235
A Dignity is forfeited by Attainder
238
Corruption of Blood
239
ExceptionIntailed Dignities
240
Reftitution of Blood
241
Deſcent of Dignities
244
Abeyance of Dignities
245
The King may terminate the Abeyance
249
Effect of a Writ of Summons to One of the Heirs of a Coheir
253
Where only One Heir the Abeyance terminates
254
the Abeyance 260
260
Length of Time does not bár a Claim to a Dignity
274
TITLE XXVII
277
FRANCHISES I Nature of Franchiſes
278
Franchiſes annexed to Manors
279
Wreck
281
Eſtray
283
TreaſureTrove
284
Royal Fiſh
285
Forfeitures ibid 29 Deodands
286
Fairs and Markets ibid
287
345
291
Of a RentSeck
309
Out of what a Rent may iſſue
311
Upon what Conveyances
313
How a RentCharge may be created
317
To whom Rents may be reſerved
318
At what Time payable
324
When Rent goes to the Executor or to the Heir
326
Of Diſtreſs for Rent
329
Of Condition of Reentry
330
Clauſe of Entry
331
Right of Entry by Way of Uſe
332
Ejectment
333
Actions of Debt and Covenant
334
CHAP II
335
And an Efate for Life or Years
336
Curteſy
338
Dower
340
Apportionment of a RentCharge 27 Apportionment of a RentService 41 Statute 11 Geo 2 for apportioning of Rent 348 353 356
357
DESCENT CHAP I
367
be Heirs 8 They muſt be legitimate 12 And naturalborn ſubjects 18 A Title may be derived through an Alien 20 Perſons attainted incapable of inheriti...
372
Firſt Canon Inheritances lineally deſcended
382
Maxim that Nemo e Hares viventis
383
The Anceſtor muſt die feiſed ibid 8 Exceptions to this Rule
384
Explanation of the First Canon
385
A Deſcent may be defeated by the Birth of a nearer Heir
386
Excluſion of the aſcending Line
387
Second Canon Males preferred to Females
389
Third Canon The eldeſt Male ſucceeds ibid 30 Fourth Canon Right of Repreſentation
391
Fifth Canon Collateral Deſcents
393
36 The Heir muſt be deſcended from the Firſt Purchaſer ibid 41 Defcents exparte paterna et materna
395
What Aets will alter the Deſcent
396
Rule of Collateral Deſcents
406
Sixth Canon Excluſion of the HalfBlood
407
What Seilin is neceflary
408
Truſts deſcend to the Whole Blood
418
Advowfons Tithes c ibid 84 Seventh Canon The Male Stocks preferred
419
Mode of tracing an Heir at Law
420
fcents
424
CHAP IV
461
A Right to a Remainder does not exclude the Half Blood
465
An Act of Ownerſhip operates as a Seifin
467
CHAP V
472
No Corruption of Blood
473
Cuſtomary Deſcents
474
11 Deſcent in Gavelkind
475
11 Defcent
476
Defcent of Copyholds
478
TITLE XXX
489
Of Eſcheat
490
Eſcheat for Default of Heirs
492
Elcheat from Corruption of Blood ibid 14 No Efcheat where there is a Tenant
493
Any Alienation prevents an Eſcheat
495
To whom Lands Eſcheat
496
The Lord by Eſcheat is ſubject to Incumbrances ibid 25 Was not bound to execute a Uſe
497
Whether ſubject to a Truſt ibid 30 May diftrain for Rent
498
Entitled to a Terin to attend ibid 33 And to all Charters c
499
What Things efcheat ibid 40 A Truſt does not efcheat
500
Nor an Equity of Redemption
521
Money to be laid out in Land
522
TITLE XXXI
523
Preſcription by immemorial Uſage
525
Preſcription in the Perſon and in the Eſtate
526
Preſcription muſt be Time out of Mind
531
And have a continued Uſage
532
How a Preſcription may be loft
536
Deſcent of Eftates acquired by Preſcription
537
CHAP II
538
As to Writs of Right
539
As to preſcriptive Rights
540
As to Avowries ibid 10 As to Writs of Formedon
541
As to Entry upon Lands and Ejectments ibid 21 The Entry muſt be on the Land
550
And followed by an Action
551
Where a Perfon acquires a new Right ibid 37 There muſt be an adverſe Pofſeffion
554
To what Perſons and Eſtates theſe Statutes extend
557
Nullum Tempus Act
558
What Perſons and Eſtates are not within the Statutes
560
Ecclefiaftical Corporations O ibid 42 Advowſons
561
Rents created by Deed ibid 47 Fealty c
563
Bonds Debts c ibid 49 Savings in the Statutes of Limitations ibid 53 Where Equity adopts the Doctrine of Limitations
564

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Page 368 - But in the mean time till some act be done by the rightful owner to devest this possession and assert his title, such actual possession is, prima facie, evidence of a legal title in the possessor ; and it may by length of time, and negligence of him who hath the right, by degrees ripen into a perfect and indefeasible title.
Page 402 - died. John the younger suffered a com" mon 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
Page 132 - 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 127 - By the law of the twelve tables at Rome, where a man had the right. of way over another's land, and the road was out of repair, he who had the right of way might go over any part of the land he pleased; which was the established rule in public as well as private ways.
Page 226 - 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 406 - that he who would have been heir to the father of the deceased" (and, of course to the mother, or any other real or...
Page 282 - ... cast are so heavy that they sink to the bottom, and the mariners, to the intent to have them again, tie to them a buoy, or cork, or such other thing that will not sink, so that they may find them again, & dicitur lig.
Page 362 - ... if such tenant for life die on the day on which the same was made payable, the whole, or if before such day then a proportion, of such rent, according to the time such tenant for life lived of the last year or quarter of a year or other time in which the said rent was growing due as aforesaid, making all just allowances, or a proportionable part thereof respectively...
Page 128 - The question is upon the grant of this way. Now, it is not laid to be a grant of a way, generally, over the land, but of a precise specific way. The grantor says, You may go in this particular line, but I do not give you a right to go either on the right or left. I entirely agree with my Brother Walker, that, by common law, he who has the use of a thing ought to repair it.
Page 25 - ... of his or her separate part of the advowson to present in his or her turn ; as if there be two, and they make such partition, each shall be said to be seised, the one of the one moiety to present in the first turn, the other of the other moiety to present in the second turn...

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