Lyttleton, His Treatise of Tenures in French and English"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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... action or process against the land was invented , termed a real action ; whilst in re- spect of moveables and things not necessarily involving the actual right or title to the land , as leases or other inferior interests , the remedy to ...
... action of debt ; but lessor in such case should have the sei- sin , else lessee may plead nil ha- buit in tene- mentis ; unless 58 TENANT for term of years is ( c ) , where a man letteth lands or tenements to another for term of certain ...
... action , upon the same principle , as Lyttleton informs us ( § 71 ) , that a bailee of goods is liable for misfeazance . In conclusion , Lyttleton observes , that the lessor may recover a rent reserved upon this tenancy , either by ...
... action of trespass . As if I deliver to one my sheep to [ dung * ] his land , or my oxen to ear his land , and he slayeth my beasts , I may well have an action of trespass against him , notwithstanding the delivery † ( bailment ) ( b ) ...
... - ance refuse to quit , recover the possession by action of eject- ment ; and by stat . 4 Geo . 2 , c . 28 , any person holding over after the determination of his term , after demand made CHAP . VIII . ] 93 LYTTLETON'S TENURES .
Contents
xxvii | |
xxx | |
1 | |
23 | |
40 | |
44 | |
51 | |
65 | |
PETIT SERJEANTY | 191 |
TENURE IN BURGAGE | 193 |
VILLENAGE | 206 |
RENTS | 242 |
PARCENERS | 277 |
PARCENERS BY CUSTOM | 297 |
JOINTTENANTS | 324 |
TENANTS IN COMMON | 342 |
69 | |
87 | |
95 | |
102 | |
BOOK II | 117 |
FEALTY | 123 |
ESCUAGE | 126 |
KNIGHT SERVICE | 135 |
SOCAGE | 155 |
FRANKALMOIGN | 169 |
HOMAGE ANCESTREL | 178 |
GRAND SERJEANTY | 187 |
ESTATES UPON CONDITION | 367 |
DESCENTS WHICH TOLL ENTRIES | 425 |
CONTINUAL CLAIM | 444 |
RELEASES | 471 |
CONFIRMATION | 522 |
ATTORNMENT | 542 |
DISCONTINUANCE | 574 |
REMITTER | 617 |
WARRANTY | 648 |
538 in marg for and of my right read and release of my right 636 in n for origninal read original 661 in marg for issue read assets | 661 |
693 sixth line from the bottom for serront read ferront | 693 |