A Systematic Arrangement of Lord Coke's First Institute of the Laws of England: On the Plan of Sir Matthew Hale's Analysis; with the Annotations of Mr. Hargrave, Lord Chief Justice Hale, and Lord Chancellor Nottingham; and a New Series of Notes and References to the Present Time: Including Tables of Parallel Reference, Analytical Tables of Contents, and a Copious Digested Index ...
S. Brooke, and sold by Messrs. Butterworth and Son, 1818 - Land tenure
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according action added albeit alien ancestor assigns attornment blood body bond bound claim collateral common law condition confirmation contingent conveyance court covenant created death deed descend determined devise dieth disseisee disseisor diversity doth effect Eliz enter entry enure equity executed executors express father fee-simple feoffee feoffment feoffor force freehold give given grant hath heirs held hold husband inheritance intent interest issue land lease lessee lessor limitation Littleton livery lord mortgage obligation observed particular estate party pass payment performed person plead possession Post precedent purchase reason release remainder rent respect reversion rule Sect seised seisin statute stranger subsequent supra surrender tail taken tenant tenements term thing tion trust Vern vested void warranty whereof whole wife writ
Page 539 - BEFORE we conclude the doctrine of remainders and reversions, it may be proper to observe, that whenever a greater estate and a less coincide and meet in one and the same person, without any intermediate estate y, the less is immediately annihilated; or, in the law phrase, is said to be merged, that is, sunk or drowned in the greater.
Page 112 - The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder determines, universally distinguishes a rested remainder from one that is contingent.
Page 128 - when the ancestor, by any gift or conveyance, takes an estate of freehold, and in the same, gift or conveyance an estate is limited, either mediately or immediately, to his heirs, in fee or in tail, that always, in such cases, ' the heirs' are words of limitation of the estate, and not words of purchase.
Page 78 - ... if the tender be made to him that is to receive it upon any part of the land at any time of the last day of payment...
Page 385 - It may be laid down for a rule, that, whatever words are sufficient to explain the intent of the parties, that the one shall divest himself of the possession, and the other come into it, for...
Page 128 - It is a rule of law, that when the ancestor, by any gift or conveyance, takes an estate of freehold ; and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs in fee or in tail, that always in such cases, the heirs are words of limitation of the estate, and not words of purchase.
Page 14 - February make a lease for years, reserving a yearly rent, payable at the feasts of Saint Michael the Archangel, and the Annunciation of our Lady, during the term, the law (in this case of reservation) shall make transposition of the feasts, viz.
Page 548 - ... for the rents and duties reserved by such new lease, so far as the same exceed not the rents and duties reserved in the lease out of which such under-lease was derived...
Page 315 - And the field of Ephron which was in Machpelah, which was before Mamre, the field, and the cave which was therein, and all the trees that were in the field, that were in all the borders round about, were made sure unto Abraham for a possession in the presence of the children of Heth, before all that went in at the gate of his city.
Page 126 - As if a man make a feoffment in fee, to the use of the will and testament of a stranger, there the stranger may declare a use of the whole by his will, notwithstanding it be knight's service land ; but the reason of the principal case is, because uses before the statute of 27 H.