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

William Cruise

Collins & Hannay, 1827 - Real property

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Title Page

Table of Contents

OF THE FIRST VOLUME PRELIMINARY DISSERTATION ON TENURES CHAP I	1

Introduction of Feuds 26	2

Different Kinds	8

Oath of Fidelity	10

Feudal Aids	11

Was unalienable	12

Descent of Feuds	14

Opening Pits or Mines	16

Refusal to pay Fines 362	244

Nonappearance of the Heir to be admitted id	245

CHAP VI	255

Of the Nature and Quality of a Use before the Statute 27 Hen VIII	260

Nature of a Use 394	265

Without Words of Limitation 402	270

Might commence in futuro 403	271

Not subject to Dower or Curtesy 404	272

Division of Tenures	17

Tenure in Capite	19

Statute of Quia Emptores	20

Tenure by Knight Service id	21

Investiture upon a Descent id	22

Wardship id	23

Escheat id	24

CHAP III	25

In Burgage 41	26

In ancient Demesne id	27

In Gavelkind 43	28

Incidents to these Tenures id	30

Of Courts Baron 49	32

Or for any other Purposes to which a Seisin is necessary 460	33

How Manors are destroyed 51	34

Waste restrained in Equity	35

tion 209	39

The Timber belongs to the Person entitled to	42

Inheritance	44

May be cut down by Order of the Court of Chancery	50

ESTATE TAIL CHAP I	53

Free Copyholds	54

Tenure in Frankalmoign	55

Of Real Property	57

Land	58

Money to be laid out in Land id	59

Incorporeal Property id	60

How far restrained in Equity	62

Of Seisin	63

Abatement	65

Disseisin id	66

Who may have Freehold Estates	67

Is annexed to the Privity of Estate	70

Of Partial Powers to commit Waste	71

Of Waste by Ecclesiastics	74

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

Pulling down Houses 132	88

134	89

136	90

138	92

142	94

144	95

Cannot create an Estate to commence after his Death	97

148	98

149	99

The issue not bound by his Ancestors Contracts	101

Unless he confirms them	102

Nor subject to his Debts	103

157	104

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

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

Of the Nature of the Event upon which a Contingent Remainder	154

A Jointress is considered as a Purchaser 231	156

CHAP III	160

TITLE VIII	173

D	177

Tenants for Years entitled to Estovers 266	180

TITLE IX	189

Page	191

And devolve to Executors 285	193

CHAP II	194

TITLE X	197

Description of 292	198

Or settled by a Master	199

A Court id	200

The Things granted must be Parcel of the Manor 297	202

Page	208

All Lords of Manors may make Grants 312	210

CHAP III	217

Fines upon Descent 337	227

CHAP V	240

CHAP III	275

Estate Tail 414	278

Estate for Life 417	280

deg A Use in esse 423	284

CHAP IV	288

TRUST	289

What destroys the Custom of granting	300

What may be granted by Copy	302

Copyholders may have Estates in Fee	303

And Estates Tail	304

And Estates for Life	305

A Trust is equivalent to the Legal Ownership 483	323

But not to Dower 488	326

Nor to Free Bench 490	328

Liable to Crown Debts	330

A Devise may bar Free Bench	334

Where they are not bound 528	350

But allowed all Costs and Expenses 535	358

Refusing to act must release or disclaim 539	360

Subject to Forfeiture for Treason 491	2

Expressed or implied id	3

How Terms become attendant	10

When a Term is in Gross	22

A Term attendant is Part of the Inheritance	29

Statutes Judgments and Recognizances must in some	32

TITLE XIV	36

Proceedings on an Elegit	44

Statute Merchant id	47

Estates in Fee Simple 68	48

What is not liable to an Extent	50

Statute Staple 53	53

TITLE XV	60

Abeyance of the Fee 69	69

All other Estates merge in the Fee 70	70

Incidents to a Fee 71	71

Alienable id	72

Liable to Debts id	74

How contracted 75	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

Subject to Curtesy id	87

Similar to a Trust Estate 125	88

Is alienable devisable and descendible 126	89

But not to Dower 130	96

CHAP IV	114

And also Lands descended 169	126

The Personal Estate not liable 182	132

And sometimes legal Assets 138	138

CHAP V	142

A Defective Mortgage not preferred to a Second Ef fective one 217	150

But will be preferred to Bond Debts c id	152

Of Tacking subsequent to prior incumbrances 221	174

Constructive Notice 254	175

CHAP VI	176

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

Description	218

Existence	219

CHAP IV	223

Bargain and Sale in London id	228

A Conveyance by way of Use will not destroy a	241

Contingent Remainders are transmissible 436	244

CHAP VII	255

And also Contingent Uses 437	291

TITLE XVII	299

And bound by Judgments 473	322

Circumstances required in this Estate 483	325

159	332

What Statutes extend to Copyholds 335	335

Recognizance 54	336

The Possession of one is that of the other 497	337

499	338

By devolving to one Person 515	348

TITLE XIX	349

Of the Estate and Duty of Trustees	352

What may be divided 528	354

TITLE XX	355

Subject to Curtesy 536	362

And to Dower 538	363

By Writ of Partition id	364

By Partition in Chancery 539	366

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Common terms and phrases

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

Bibliographic information

Title	A Digest of the Laws of England Respecting Real Property, Volumes 1-2 Issues 77523-77553 of 19th-century legal treatises A Digest of the Laws of England Respecting Real Property, William Cruise
Author	William Cruise
Edition	3
Publisher	Collins & Hannay, 1827
Original from	Princeton University
Digitized	8 Dec 2009

Export Citation	BiBTeX EndNote RefMan

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