Lyttleton, His Treatise of Tenures in French and English

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The Lawbook Exchange, Ltd., 2006 - History - 727 pages
"The ornament of the Common Law." Lyttleton, His Treatise of Tenures, in French and English. A New Edition, Printed From the Most Ancient Copies, And Collated With the Various Readings of the Cambridge MSS. To Which Are Added The Ancient Treatise of the Olde Tenures, And the Customs of Kent. Originally published: London: S. Sweet, 1841. lv, [1], 727 pp. Hardcover. New.

With index. Parallel text in Law-French and English. Written during the reign of Edward IV [1442-1483], Littleton's Tenures was much admired for its learning and style. It is concerned with the doctrines of old English Common Law regarding the tenures of real estate as well as issues related to real property. This venerable work, which Coke called "the ornament of the Common Law, and the most perfect and absolute work that ever was written in any humane science," is a considered a landmark because it renounced the principles of Roman law in favor of a set of guidelines and doctrines drawn from the Year Books, and when necessary, hypothetical cases.

Sir Thomas Littleton [1402-1481] was a King's Serjeant, Judge of Assize and Justice of the Common Pleas.

T.E. Tomlins [1804-1872] was a notable legal writer and antiquarian. His is best known for his Popular-Law Dictionary (1838). (He is confused sometime with his uncle, Sir Thomas Edlyne Tomlins, the prolific legal writer and editor of the later editions of Jacob's Law-Dictionary.)

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An excellent explanation of the historic land tenure of England. Interesting read.

Contents

I
1
II
23
III
40
IV
44
V
51
VI
65
VII
69
VIII
87
XIX
191
XX
193
XXI
206
XXII
242
XXIII
277
XXIV
297
XXV
324
XXVI
342

IX
95
X
102
XI
117
XII
123
XIII
126
XIV
135
XV
155
XVI
169
XVII
178
XVIII
187
XXVII
367
XXVIII
425
XXIX
444
XXX
471
XXXI
522
XXXII
542
XXXIII
574
XXXIV
617
XXXV
648
Copyright

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Common terms and phrases

Popular passages

Page 204 - December, 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims; or if such right shall not have accrued to any person through whom he claims...
Page 426 - And be it further enacted, that no descent cast, discontinuance or warranty which may happen or be made after the said 31st day of December, 1833, shall toll or defeat any right of entry or action for the recovery of land.
Page 522 - Coke defines it to be a conveyance of an estate or right in esse, whereby a voidable estate is made sure and unavoidable, or whereby a particular estate is increased ; and the words of making it are these : "Have given, granted, ratified, approved and confirmed.
Page 199 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 154 - And that all sorts of tenures, held of the king or others, be turned into free and common socage, save only tenures in frankalmoign, copyholds and the honorary services (without the slavish part) of grand serjeanty.
Page 20 - The lineal descendants, in infinitum, of any person deceased shall represent their ancestor ; that is, shall stand in the same place as the person himself would have done had he been living.
Page 275 - ... for the same. In this case the land is liable to the distress, not of common right, but by virtue of the clause in the deed ; and therefore it is called a rent-charge, because in this manner the land is charged with a distress for the payment of it.
Page 204 - ... shall have held the same, all of whom shall have obtained possession thereof adversely to the right of presentation or gift of such person, or of some person through whom he claims, if the times of such incumbencies...
Page 72 - By matter in pais. or deed ; which is an assurance transacted between two or more private persons in pais, in the country ; that is (according to the old common law) upon the very spot to be transferred.

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