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

Front Cover
A. Strahan, 1804 - Real property

From inside the book

Contents

A Free Fiſhery
68
Preſcription de Modo Decimandi
89
Common of Piſcary
92
Incloſure Acts
106
By Releaſe
114
Nature of a
121
Who are bound to repair a
129
How created
133
Offices incident to others
134
How granted
135
Biſhops c may grant Offices
137
What Eſtate may be had in Offices
141
Of Reverfionary Grants
145
What Offices may be intailed
147
What Offices are fubject to Curtefy and Dower
148
Some Offices may be held by Two Perfons
149
What Offices may be affigned
150
Who may hold an Office
152
How to be exerciſed
154
Qualifications required for Offices
158
Of the Offence of buying Offices
160
What Bargains not within the Statute
163
Where Equity relieves
164
How Offices may be loft
165
99
167
Acceptance of an incompatible Office
168
Deftruction of the Principal
169
TITLE XXVI
171
Names or Titles of Dignities
176
Of Dignities by Tenure
185
Of Dignities by Writ
193
The Perfon fummoned muft fit
194
What Proof neceffary
195
Defcendible to Females
198
Of Writs to the eldeſt Sons of Peers
206
Of Dignities by Letters Patent
215
A Dignity need not be of any Place
219
Dignities by Marriage
220
Whether a Dignity may be refuſed
221
What Ellate may be had in a Dignity
222
1c6
225
106 No Curtefy of a Dignity
227
A Dignity cannot be aliened
230
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
Defcent 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
Attainder of One of Two Coheirs does not determine the Abeyance
260
Length of Time does not bar a Claim to a Dignity
274
TITLE XXVII
278
Franchiſes annexed to Manors
279
Wreck
281
Eftray
283
TreaſureTrove
284
Royal Fiſh
285
Forfeitures ibid 29 Deodands
286
Fairs and Markets ibid
287
A Foreſt
290
A Free Chafe
292
A Park
294
A Free Warren
296
68
297
C
301
Reunion with the Crown 78 Surrender 79 Forfeiture
302
TITLE XXVIII
306
Upon what Conveyances
313
How a RentCharge may be created 40 To whom Rents may be reſerved
318
At what Time payable
324
When Rent goes to the Executor or to the Heir
326
Of Diftrefs for Rent 73 Of Condition of Reentry
330
Within the Statute of Ufes
341
May be granted in Remainder
343
May commence in futuro
344
May ceafe for a Time
345
A Rent cannot be deveſted ibid 36 How a Rent may be forfeited
346
CHAP III
348
Diſcharge of a RentCharge
353
Apportionment of a RentCharge
357
Statute 11 Geo 2 for apportioning of Rent
362
TITLE XXIX
367
Definition of a Title
368
Poffeffion ibid 4 Right of Poffeffion
369
Difcontinuance of an Eſtate Tail
370
CHAP II
372
Of Confanguinity
373
Who may be Heirs
374
And naturalborn ſubjects
375
A Title may be derived through an Alien
377
Perſons attainted incapable of inheriting
378
CHAP
382
Maxim that Nemo eft Hares viventis
383
The Anceftor muft die feifed ibid 8 Exceptions to this Rule
384
Explanation of the Firſt Canon
385
A Defcent may be defeated by the Birth of a nearer Heir
386
Exclufion of the afcending Line
387
Second Canon Males preferred to Females
389
Third Canon The eldeft Male fucceeds ibid 30 Fourth Canon Right of Repreſentation
391
Fifth Canon Collateral Defcents
393
The Heir muſt be defcended from the Firſt Purchaſer ibid 41 Defcents exparte paterna et materna
395
What Acts will alter the Defcent
396
Rule of Collateral Defcents
406
Sixth Canon Exclufion of the HalfBlood
407
What Seifin is neceffary
408
Trufts defcend 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
Obfervations on Blackflones Doctrine of Dfcents
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
Cuftomary Defcents
474
Borough English
476
Defcent of Copyholds
479
Defcent
489
Of Efcheat
490
Efcheat for Default of Heirs
492
Efcheat from Corruption of Blood ibid 14 No Efcheat where there is a Tenant
493
Any Alienation prevents an Eſcheat
495
To whom Lands Efcheat
496
The Lord by Efcheat is fubject to Incumbrances ibid 25 Was not bound to execute a Ufe
497
Whether fubject to a Truft ibid 30 May diftrain for Rent
498
Entitled to a Term 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 in the Perfon and in the Estate A
525
ibid
526
Preſcription muſt be Time out of Mind
531
And have a continued Ufage
532
31 Muft
533
Of void Prescriptions ibid 41 How a Preſcription may be loft
536
Defcent 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
There must be an adverſe Poffeffion
554
To what Perſons and Eſtates theſe Statutes extend
557
Nullum Tempus A
558
What Perfons and Eſtates are not within the Statutes
560
Advowfons
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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