A Digest of the Laws of England Respecting Real Property, Volumes 1-2

Front Cover
Collins & Hannay, 1827 - Real property
 

Selected pages

Contents

Incidents to
23
id
25
Unless so expressed and then the Widow has an Elec
26
Without Words of Limitation
27
Joint Tenancies go to the Survivor
28
Reliefs
31
Superior and Inferior Manors 50
32
Or for any other Purposes to which a Seisin is necessary 460
33
How Manors are destroyed 51
34
Marriage
37
tion 209
39
Investiture
41
immediately 462
44
Husband and Wife cannot be Joint Tenants
46
Oath of Fidelity
47
Joint Tenancies not subject to Dower or Curtesy
52
ESTATE TAIL CHAP I
53
Free Copyholds
54
Feudal Aids
55
Of Real Property
57
Land
58
Money to be laid out in Land id
59
Incorporeal Property id
60
Tenant in Tail has a Right to the Title Deeds 92
61
Of Seisin
63
The Possession of one is that of the other
64
Abatement
65
Disseisin id
66
Who may have Freehold Estates
67
Mortgage Money is payable to the Executor
75
TITLE III
76
What Acts create a Forfeiture 122
82
Of General Occupancy 124
83
Estates pour auter vie vest in Executors id
84
Of Waste by Tenants for Life 2 Different Kinds of Waste 129
86
The Timber belongs to the Person entitled to the Inheritance 138
92
Cannot create an Estate to commence after his Death
97
How far restrained in Equity 146
98
Of Partial Powers to commit Waste id
99
The issue not bound by his Ancestors Contracts
101
Unless he confirms them
102
Nor subject to his Debts
103
TITLE V
106
And capable of inheriting the Estate id
109
deg Death of the Wife 164
110
CHAP II
111
Origin and different Kinds of Dower
117
Abolition of Military Tenures
120
CHAP III
126
The Dowress entitled to emblements 193
130
CHAP IV
131
Effect of an Assignment of Dower id
134
CHAP V
136
Detinue of Charters 205
138
Effect of a Devise for Payment of Debts
139
TITLE VII
146
A Rentcharge is usually given as a Jointure 229
154
CHAP II
156
Description of
159
CHAP III
160
TITLE VIII
173
Tenants for Years entitled to Estovers 266
180
TITLE IX
189
Of the Modern English Tenures
191
This Tenant to pay double Rent after Notice 288 id
194
TITLE X
197
Description of 292
198
29
203
All Lords of Manors may make Grants 312
210
CHAP III
217
id
219
A Devise may bar Free Bench 334
224
Subject to Curtesy id
225
Fines upon Descent 337
227
Of a Devisee Page 369
228
id
235
CHAP V
240
Refusal to pay Fines 362
244
Nonappearance of the Heir to be admitted id
245
CHAP VI
255
Escheat or Forfeiture 384
258
TITLE XI
260
A Freehold cannot be derived from a Term ས
264
Statement of the Statute
275
In what Cases the Statute operates Page 419
284
CHAP IV
288
Free Copyholds
293
Circumstances necessary to their Existence
295
TITLE XII
302
484
315
A Trust is equivalent to the Legal Ownership 483
323
Estate Tail
325
Will devest in favour of Persons becoming entitled
342
Neither Jointure not Curtesy barred by a Term id
348
CHAP IV
350
id
352
But allowed all Costs and Expenses 535
358
Refusing to act must release or disclaim 539
360
Tenure in Socage
1
NATURE of Conditions 2
2
Expressed or implied id
3
Can only be reserved to the Donor id
5
Conditions against Law id
6
Whether in such Cases a Bond is good 7
7
In Burgage
8
Do not extend to an Underlease 10
10
Unless there are special Words id
13
Incidents to these Tenures
20
Of the Performance and Breach of a Condition 1 How to be performed 30
22
Changes in Socage by Stat 12 Charles II
30
A Manor id
33
TITLE XIV
36
Of Courts Baron
38
But the Land must be reconveyed
41
A Court id
42
Priority of the Crown in Executions 65
46
Statute Merchant id
47
Estates in Fee Simple 68
48
Trust Estates 70
49
What is not liable to an Extent 71
50
Statute Staple
53
Subinfeudation
60
Descent of Feuds
67
Abeyance of the Fee 69
69
All other Estates merge in the Fee 70
70
Incidents to a Fee 71
71
Alienable id
72
Must be executed by Entry 73
73
Liable to Debts id
74
Feudum Talliatum
75
Bind the Lands when contracted 76
76
Into whose Hands soever they pass 77
77
How discharged id
78
And for Disclaimer id
79
How they are determined 80
80
The Crown may sell under an Extent 82
82
A Statute protects Purchasers 84
84
Origin of Mortgages 86
86
Interposition of the Court of Chancery 87
87
Description of a mortgage 89
89
Mortgages in Fee or for Years 91
91
Welsh Mortgages 92
92
Equitable Mortgages id
95
Cases of conditional Purchases 98
98
A Power of Sale may be given 104
104
CHAP IV
114
And also Lands descended 169
125
Proportions between Tenant for Life and Remainder
136
Mortgages paid according to their Priority
142
Where a Declaration of Trust is sufficient
167
Of Notice
174
Of the Nature and different Kinds of Remainders
179
Determination of the particular Estate before the Con
199
A Contingency sometimes considered as a Condition
204
Fine or Recovery 206
206
CHAP III
216
CHAP IV
223
Bargain and Sale in London id
228
A Conveyance by way of Use will not destroy a
241
496
243
Estate for Life
244
CHAP VII
255
409
278
And also Contingent Uses 437
291
The Things granted must be Parcel of the Manor 297 298
297
TITLE XVII
299
And demised or demisable by Copy 33 What destroys the Custom of granting 300 302
300
What may be granted by Copy 303
303
Copyholders may have Estates in Fee 304
304
And Estates Tail 51 And Estates for Life 305
305
And also by Leases 475
322
Recognizance 54
336
id
337
By what Means a Joint Tenancy may be severed and destroyed 2 Destruction of the Unity of Interest 8 Of the Unity of Title 9 Of the Unity of Possess...
338
id
339
id
341
506
343
512
346
513
347
515
348
TITLE XIX
349
520
351
TITLE XX
355

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Common terms and phrases

admitted alienation ancestor annexed annuity assigned attainder bill bound cestui que trust CHAP commit waste common law condition conveyance conveyed copy copyhold Court of Chancery court of equity covenant coverture crown curtesy custom death debts declared decreed deed descend devised dower Dyer Eliz entitled entry estate in fee estate tail execution executors fee simple feoffee feoffment feoffor feud feudal forfeited forfeiture free bench freehold Gilb granted heirs held hold husband inheritance Inst intention issue in tail jointure king lands lease legal estate lessee lessor liable limited Lord Coke Lord Coke says Lord Hardwicke manor marriage married mortgage payment performance person plaintiff possession purchase reason recovery remainder rent reversion seised seisin socage statute De Donis tate tenant in tail tenements tenure term thereof timber tion trust estate Vern vested villenage void widow wife woman writ

Popular passages

Page 2 - Co. of the said district, have deposited in this office the title of a book, the right whereof they claim as proprietors, in the words following, to wit : " Tadeuskund, the Last King of the Lenape. An Historical Tale." In conformity to the Act of the Congress of the United States...‎
Appears in 900 books from 1803-2007
Page 314 - If an estate is limited to A. for life ; remainder to his first and other sons in tail ; remainder to A.‎
Appears in 102 books from 1809-1965
Page 189 - Tenant at will is, where lands or tenements are let by one man to another, to have and to hold to him at the will of the lessor", by force of which lease the lessee is in possession.‎
Appears in 156 books from 1791-2006
Page 85 - A mortgage is a charge upon the land; and whatever would give the money will carry the estate in the land along with it to every purpose. The estate in the land is the same thing as the money due upon it. It will be liable to debts; it will go to executors; it will pass by a •will not made and executed with the solemnities required by the statute of frauds.‎
Appears in 80 books from 1807-2004
Page 84 - That if no Disposition by Will shall be made of any Estate pur autre vie of a Freehold Nature, the same shall be chargeable in the Hands of the Heir, if it shall come to him by reason of special Occupancy, as Assets by Descent, as in the Case of Freehold Land in...‎
Appears in 137 books from 1805-1994
Page 188 - 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 vested remainder from one that is contingent.‎
Appears in 227 books from 1803-2002
Page 283 - Keller his heirs and assigns. To the only proper use and behoof of the said David H. Keller his heirs and Assigns Forever And the said William H.‎
Appears in 286 books from 1805-2005
Page 24 - And that all fines for alienations, tenures by homage, knight-service, and escuage, and also aids for marrying the daughter or knighting the son, and all tenures of the king in capite, be likewise taken away. 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.‎
Appears in 95 books from 1779-2006
Page 206 - ... to the use of himself for life, remainder to the use of his wife for life, remainder to the use of his daughter for life, remainder to her first and other sons in tail, reversion to his own right heirs.‎
Appears in 95 books from 1811-2007
Page 293 - But in the case of a devise to A. and his heirs, to the use of B. for life, remainder , to the first and other sons of B. in tail, there is no reason why ‎
Appears in 83 books from 1808-2006

Bibliographic information

TitleA Digest of the Laws of England Respecting Real Property, Volumes 1-2
A Digest of the Laws of England Respecting Real Property, William Cruise
AuthorWilliam Cruise
Edition3
PublisherCollins & Hannay, 1827
  
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