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

Front Cover
A. Strahan, 1818 - Real property

From inside the book

Contents

Underwood
52
Portionists 61 Vicars
58
The King 67 Lords of Manors 68 Lay Impropriators Page 57 58 id
60
What Estate they have
61
Of Exemptions from Tithes 79 Real Composition
63
Prescription de modo decimandi
64
Prescription de non decimando 94 Act of Parliament 95 Nonpayment of Tithes cannot be pleaded against a 61 62 id 64
65
Layman
69
Long Possession of a Portion of Tithes creates a Title
72
TITLE XXIII
82
Common of Pasture
84
Appendant 11 Appurtenant
85
Because of Vicinage
86
In Gross
87
Stinted Commons 26 Common of Estovers
88
Common of Turbary
89
Common of Piscary 38 Common annexed to Copyholds
90
A Right to Common cannot be divested
92
Common may be apportioned 48 Rights of the Lord 55 Rights of the Commoners 62 Approvement of Common
93
Inclosure of Commons 86 Extinguishment of Common
102
84
103
87
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
1
127
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 1
138
Statute against Selling or Buying Offices
139
89
142
90
143
93
144
97
146
102
147
TITLE XXVI
149
English Nobility
151
Barones Majores et Minores
154
Necessity of a Writ of Summons
155
Names of Dignities
156
Dignities by Tenure
158
Cases where Dignities have gone with Lands
163
Dignities by Writ
171
The Person summoned must sit 372
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
Cannot be aliened
190
Nor surrendered to the King
192
Nor extinguished by a new Title
193
An Earldom does not attract a Barony
194
Dignities forfeited by attainder
196
Does not extend to entailed Dignities
197
Restitution of Blood
198
A Dignity may be lost by Poverty
200
Not within the Statutes of Limitation
202
CHAP III
204
Abeyance of Dignities
208
The Crown may terminate the Abeyance
211
Modes of terminating an Abeyance
213
Effect of a Writ to one of the Heirs of a Coheir id
214
Where only one Heir the Abeyance terminates
216
Cafes of Claims by a ſurviving Heir
223
Attainder of one of two Coheirs does not determine the Abeyance
225
Descent of Baronies created by Writs to the eldest
237
Is the same as that of the antient Barony
243
Descent of Dignities created by Letters Patent
248
TITLE XXVII
250
A Forest
251
A Chace
253
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
RENTS CHAP I
280
id
281
Rent Charge
282
Rent Seck
283
Other Sorts of Rents id
284
What gives a Seisin of a Rent id
285
51
287
To what Persons
289
53
294
Remedies for Recovery of Rents
298
Clauſe of Reentry
299
Right of Entry by way of Use ૩૦૪ 76 Ejectment id
300
Actions of Debt and Covenant
302
CHAP II
303
Occupaucy of a Rent
304
Subject to Curtesy
305
And to Dower
306
May be granted in Remainder
307
Or to commence in futuro
308
Or to cease for a Time only
309
Cannot be divested
310
How forfeited
311
CHAP III
313
Discharge of Rent Charge
317
Apportionment of Rent Charge
319
Apportionment of Rent Service at Law
320
By the Statute 11 Geo II
324
DESCENT CHAP I
329
Nature of a Title
330
Right of Possession
331
Discontinuance of Estates
333
What constitutes a complete Title
334
CHAP II
337
What goes to the Heir
338
Who may be Heirs
339
And Naturalborn Subjects
340
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
Of Descent by Statute and Custom 1 Descent of Estates Tail 6 Go to the Half Blood 7 No Corruption of Blood
421
id
422
id
424
id
425
TITLE XXX
435
Of Escheat ESCHEAT II Escheats for Default of Heirs 12 From Corruption of Blood
437
The Lord by Escheat may distrain for Rent
462
And to all Charters
463
Is subject to Incumbrances id
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
Possession id
484
A Lease postpones the Right of Entry
487
Where a Second Right accrues a new Entry is given
499
The Entry must be on the Land
501
And followed by an Action
502
Savings in the Statute 21 Jac id
503
What are not within them id
504
Rents created by Deed id
506
Where Equity adopts the Doctrine of Limitations
508

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