The First Part of the Institutes of the Laws of England: Or, A Commentary Upon Littleton. Not the Name of the Author Only, But of the Law Itself ... Hæc Ego Grandævus Posui Tibi, Candide Lector, Volume 1J. & W.T. Clarke, 1823 - Land tenure |
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Page lii
... doth amount unto a full purparty , 266 , 267 , 268 , 269 , & c . By those that were not parties to the partition ; By those that were parties If the purparty of his ancestor were unequally set out , 255 . If the lands in fee were ...
... doth amount unto a full purparty , 266 , 267 , 268 , 269 , & c . By those that were not parties to the partition ; By those that were parties If the purparty of his ancestor were unequally set out , 255 . If the lands in fee were ...
Page lv
... doth immediately de- scend to his issue or some collateral heir , 389 , 394 , not party to the disseisin , 395 . But an escheat for want of his heir is not so , 390. And this putteth him that hath right to his action until the ...
... doth immediately de- scend to his issue or some collateral heir , 389 , 394 , not party to the disseisin , 395 . But an escheat for want of his heir is not so , 390. And this putteth him that hath right to his action until the ...
Page lx
... doth never bar , 697 . Whom they bar , viz . none but those upon whom they do descend ; therefore they must needs attach in the ancestor , and the warranty by devise barreth not , 734 , and warranty doth descend always upon the heir ...
... doth never bar , 697 . Whom they bar , viz . none but those upon whom they do descend ; therefore they must needs attach in the ancestor , and the warranty by devise barreth not , 734 , and warranty doth descend always upon the heir ...
Page 8
... doth purchase land and die , the law doth cast the freehold and inheritance upon the king ( 5 ) . If an alien purchase any estate of freehold in houses , lands , tenements , or hereditaments , the king upon office found shall have them ...
... doth purchase land and die , the law doth cast the freehold and inheritance upon the king ( 5 ) . If an alien purchase any estate of freehold in houses , lands , tenements , or hereditaments , the king upon office found shall have them ...
Page 22
... doth agree with our ancient books , where it is holden that a man may have divers names at divers times , but not divers Christian names . And the court said , that it that a woman was baptized by the name of Anable , and 40 yeares ...
... doth agree with our ancient books , where it is holden that a man may have divers names at divers times , but not divers Christian names . And the court said , that it that a woman was baptized by the name of Anable , and 40 yeares ...
Other editions - View all
The First Part of the Institutes of the Laws of England Sir Edward Coke,Francis Hargrave,Sir Thomas Littleton No preview available - 2015 |
The First Part of the Institutes of the Laws of England Sir Edward Coke,Francis Hargrave No preview available - 2017 |
Common terms and phrases
action adjudged advowson albeit alien ancient Anno appeareth attainted attornment baron baron and feme bishop Bract Bracton Britton Chapter Coke's common law copyhold court curtesy custome deed descent devise dieth disseisor divers doth dower edition Eliz entry escheat escuage estate taile executors father fealty fee simple fee taile feme feoffee feoffment feoffor Fleta frankalmoigne freehold grant guardian hath issue heirs male holden holdeth homage husband ibid infant inheritance Inst jointenant judgment king king's knights service lands or tenements lease lessee lessor lieth Littleton livery lord Coke maketh manor marriage MSS.-See parliament person plea plead Post purchase quæ quia quòd release remainder rent reversion saith Sect seigniory seised seisin socage sonne Stat statute tenant in tail tenure Vide villeine villenage wardship warranty waste whereof wife words writ
Popular passages
Page 6 - And this is another strong argument in law, Nihil quod est contra rationem est licitum; for reason is the life of the law, nay the common law itself is nothing else but reason, which is to be understood of an artificiall perfection of reason, gotten by long study, observation, and experience, and not of every man's naturall reason; for, nemo nascitur artifex.
Page 17 - ... or other lesser part thereof, and there openly doth declare the quantity and the certainty of the land which she shall have for her dower.
Page clxviii - If a man be baptized by the name of Thomas, and after at his confirmation by the bishop he is named John, he may purchase by the name of his confirmation. And this was the case of Sir Francis...
Page 7 - There is a great diversity between a tenant at will and a tenant at sufferance; for tenant at will is always by right, and tenant at sufferance entreth by a lawful lease, and holdeth over by wrong. A tenant at sufferance is he that at the first came in by lawful demise, and after his estate ended continueth in possession and wrongfully holdeth over.
Page 7 - ... and transferable, like, the ordinary subjects of property, to the best bidder, and, if not disposed of, was transmissible to the lord's personal representatives. Thus the custody of the infant's person, as well as the care of his estate, might devolve upon the most perfect stranger to the infant. — one prompted by every pecuniary motive to abuse the delicate and important trust of education, without any ties of blood or regard to counteract the temptations of interest, or any sufficient authority...
Page 5 - Butler was quoted as laying down that 'whenever a devise gives to the heir the same estate in quality as he would have by descent, he shall take by the latter, which is the title most favoured by the law.' The Court held that this rule did not favour the claim, since an estate by devise differed from one by descent in this very quality, that the bequest was intended for the sole and exclusive use of the devisee, and therefore shut out all rights that would otherwise arise by implication of law. JDM...
Page 27 - Thus, if the land be limited to the use of A. for life, remainder to the use of the oldest son of B.
Page xxxiv - the most perfect and absolute work that ever was written in any human science...