A Digest of the Laws, of England Respecting Real Property, Volume 3A. Strahan, 1804 - Real property |
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Page 57
... rector , unless where the custom of the place is otherwise . $ 19. Tithe is not due from the rakings of corn , involuntarily scattered ; but , where the rakings are of great value , or if they are left on the land covinously , tithe ...
... rector , unless where the custom of the place is otherwise . $ 19. Tithe is not due from the rakings of corn , involuntarily scattered ; but , where the rakings are of great value , or if they are left on the land covinously , tithe ...
Page 67
... rector : firft , by common confent , or the appointment of the lord of each manor , and afterwards by the law . 840 . To whom due . Tithes are § 65. Where a perfon has any part of the tithes Dyer , 84 b . 2 Inft . 641 . within the ...
... rector : firft , by common confent , or the appointment of the lord of each manor , and afterwards by the law . 840 . To whom due . Tithes are § 65. Where a perfon has any part of the tithes Dyer , 84 b . 2 Inft . 641 . within the ...
Page 68
... rector would claim any of the articles , comprehended within the terms of it , the onus probandi is thrown upon him . In fuch cafe , it is incumbent on the rector to give fuch clear and cogent evidence of an ufage in the parifh in his ...
... rector would claim any of the articles , comprehended within the terms of it , the onus probandi is thrown upon him . In fuch cafe , it is incumbent on the rector to give fuch clear and cogent evidence of an ufage in the parifh in his ...
Page 70
... rector is now entitled to tithes of com- mon right , as fully as a fpiritual rector . And it is fufficient for him , where he files a bill for tithes , to fet forth that he is feifed of the impropriate rectory : and , if he makes out ...
... rector is now entitled to tithes of com- mon right , as fully as a fpiritual rector . And it is fufficient for him , where he files a bill for tithes , to fet forth that he is feifed of the impropriate rectory : and , if he makes out ...
Page 72
... rector cannot . These tithes have " been fevered from the rectory ever fince the con- " queft . If these tithes had been part of the rectorial 66 tithes , " tithes , no time would have barred the rector 72 Title XXII . Tithes . § 79 .
... rector cannot . These tithes have " been fevered from the rectory ever fince the con- " queft . If these tithes had been part of the rectorial 66 tithes , " tithes , no time would have barred the rector 72 Title XXII . Tithes . § 79 .
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Other editions - View all
Common terms and phrases
abeyance act of parliament adminiſtration advowfon affigns againſt alfo alſo anceſtor ancient appendant attainted barony barony of Beaumont becauſe biſhop caſe Chief Juftice church claim clerk coheirs common law confequence court court leet court of equity crown curtefy defcended dignity diſcharged Earl earldom eftate eldeſt Eliz eſtabliſhed eſtate exerciſed extinguiſhed faid fame feifed fervice feveral fhall fhould fifters firſt fome foreft forfeiture franchiſe ftatute fubject fuch fufficient fummoned to parliament grant Gwill heirs male held Henry himſelf honour Houfe Houſe of Lords huſband iffue Inft inheritance intailed intereſt juſtice king king's land leffor letters patent Lord Coke fays lordſhip manor muſt obferves paſture peer perfon plaintiff poffeffion preſcription preſentation purchaſe queſtion reaſon referved refolved refpect rent rent-charge reverfion right of common ſaid ſeveral ſhall ſtated ſuch tenant theſe thofe thoſe tithes ufually unleſs uſe veſted void writ of fummons
Popular passages
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...