A Digest of the Laws of England Respecting Real Property, Том 1

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Зміст

Homage 21 Fealty
liii
Fruits of Knight Service 24 Aids 29 Primer Seisin
liii
Wardship
1
Marriage
2
Fines for Alienation 36 Escheat 37 Tenure by Grand Serjeanty
3
CHAP III
5
Sometimes a Discontinuance
6
Courts Baron
8
Sometimes voidable by Entry
9
Estates of Freehold
10
Inferior Manors 17 How Manors are destroyed
11
Cannot limit an Estate to commence after his Death
12
Tenure in Socage
13
By Petit Serjeanty 28 In Burgage 30 In ancient Demesne 38 In Gavelkind 39 Incidents to these Tenures
15
Incorporeal Hereditaments
16
What Things are not liable to Curtesy
17
The Issue notbound by his Ancestors Contract
18
Of Seisin
19
Where an Entry is necessary
20
Estates in Joint Tenancy
22
Remainders and Reversions
23
Lands assigned in Dower
24
Unless he confirms them
25
Nature of this Estate
26
Nor subject to his Debts
27
Except Crown Debts
28
Changes in Socage by Stat 12 Charles II
30
29 Disseisin 32 Abeyance of the Freehold 35 Who may have Freehold Estates 39 Estates in Fee Simple 43 Abeyance of the Fee 45 All other Estates ...
33
Are Subject to the Bankrupt Laws
34
And to Forfeiture for Treason
36
The Timber belongs to the Person entitled to the
38
But not for Felony
42
43 Modes of Barring Estates Tail
43
Sect Page
48
And money Entailed TITLE III
49
Was unalienable
50
Subinfeudation
52
id
53
Estate of the Lord
54
Description
55
His Obligation on Eviction
56
Statute De Donis
58
Descent of Feuds
59
Estates in Frank Marriage
60
Estates Tail are held of the Donor 22 How Created
61
Who may be Tenants in Tail
63
Incidents to Estates Tail 32 Power to commit Waste 36 Subject to Curtesy and Dower 37 But not to Merger 39 Tenant in Tail entitled to the Deeds
65
Feudum Talliatum
67
Investiture upon a Descent
69
Relief
70
Escheat
71
Feudal Forfeitures
72
The Lord might forfeit his Seignory
78
Feudal Jurisdiction
79
Is not bound to pay off Incumbrances
84
id
88
109
89
id
90
id
91
112
92
115
95
i
97
CHAP II
98
Felling Timber
99
Destruction of Heir Looms 21 Permissive Waste
102
Of the Action of Waste
104
Waste restrained in Equity
113
id
114
TITLE IV
120
CHAP I
125
Circumstances required
126
And be capable of inheriting the Estate 50
129
Money to be laid out in Land 155
135
Equities of Redemption
141
id
144
Effect of Divorces 19 11 Seisin of the Husband 26 Seisin of Gavelkind Lands
147
Death of the Husband
148
Who may be Endowed 29 Who are incapable of Dower 32 Jewesses 33 Women Stolen
149
CHAP II
150
Equities of Redemption
152
Incorporeal Hereditaments 12 Where a Widow has an Election 13 What things are not liable to Dower 14 Estates in Jointtenancy 15 Estates not of In...
153
A Castle 174
154
Uses Trusts and Mortgages id
155
Restrained from Alienation 176
157
CHAP III
158
What will operate as a Bar or Satisfaction of Dower
164
1 Attainder of the Husband
184
Detinue of Charters
187
A Devise is no Bar to Dower
188
Unless so expressed when the Widow has an Election
190
248
195
Sometimes held a Satisfaction 36 A Bequest of Personal Estate no Bar to Dower
196
TITLE VII
197
Definition of
199
Nor by Elopement of the Wife id
221
Unless so expressed when the Widow has an Election
233
A Devise sometimes held a Satisfaction
234
TITLE VIII
236
Of the Incidents to Estates for Years
245
And also by Surrender
255
Description
264
This Tenant to pay double Value after Notice
265
Acceptance of Single Rent no Bar to Recovery
266
TITLE X
268
Circumstances necessary to their Existence
271
The Things granted must be Parcel of the Manor
274
What will Destroy the Custom of Granting
276
What may be granted by Copy
277
Copyhold Customs
279
How Proved
280
Copyhold Jurisdictions id
282
CHAP II
283
Copyholds
288
Copyhold Grants take place of many other Estates
294
Sect Page 1 Copyholders subject to Fealty 3 Entitled to Estovers
296
But cannot in General commit Waste
297
Alienable and Devisable 18 May be Leased for Years id
301
125
302
Which may be barred by a Jointure
303
Or even an Agreement to Convey
305
And by Forfeiture
306
And by a Grant of the Freehold to the Husband
307
What Statutes extend to Copyholds
308
CHAP IV
310
How Recovered
323
CHAP V
327
Alienation contrary to the Custom
328
Leases contrary to the Custom
329
Disclaiming the Tenure id
331
Refusal to Perform the Services id
332
Refusal to pay Rent 30 Non Appearance of the Heir to be admitted id
334
Of a Person in Remainder
337
Of a Surrenderee
339
Who may Forfeit id
340
Where Presentment is necessary
341
What dispenses with a Forfeiture id
343
Where Equity relieves 344
344
Where Relief has been refused
345
CHAP VI
347
Conveyance by the Lord to the Copyholder
349
Escheat or Forfeiture
352
TITLE I
353
CHAP II
360
Founded on Confidence in the Person
362
And Privity of Estate
363
What might be conveyed to
365
Rules by which they were governed
366
Not subject to Forfeiture
367
Not extendible or Assets 27 Not subject to Curtesy or Dower 28 Uses were Alienable
368
ESTATE IN FEE SIMPLE
369
Might be revoked id
370
Statutes made to remedy them
371
CHAP III
373
Statement of the Statute 5 Circumstances necessary to its Operation 6 1 A Person seised to a Use 7 What Persons may be seised to Uses id
377
Of real Property 2 Corporeal or Land 4 Money to be laid out in Land 5 Heir Looms and Charters 7 Incorporeal 8址证证历
380
What may be conveyed to Uses id
381
In what cases the Statute operates
382
A Use in Esse
386
CHAP IV
391
Uses arising on the Execution of Powers id
395
Whether the Statute extends to Devises
397
Resulting Uses
399
Uses by Implication
403
No Use results but to the owner of the Estate id
404
Nor on an Estate Tail for Life or Years
405
Nor on a Devise
407
TITLE XII
410
A Use limited upon a Use
413
Trust for the separate Use of a Woman
414
Trust to sell or to pay Money
416
Or for any other Purpose to which a Seisin is necessary
417
A Trust Estate limited after Payment of Debts vests immediately
419
Term for Years limited in Trust
420
How Trusts may be declared id
421
Contract for a Purchase
422
Purchase with Trust Money
423
Conveyance without Consideration
425
A Trust declared in Part
426
Or which cannot take Effect id
427
Where no appointment is made
428
Renewal of a Lease by a Trustee id
429
Where there is Fraud id
430
ExceptionChildren Emancipated
434
And also a Wife id
435
All Trusts are Executory
436
CHAP II
438
Refusing to act must Release or Disclaim
487

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Сторінка 402 - June all declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing, signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Сторінка 239 - 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.
Сторінка 365 - 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.
Сторінка 364 - ... or other hereditaments, to the use, confidence, or trust of any other person or persons...
Сторінка 8 - 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.
Сторінка 403 - That where any conveyance shall be made of any lands or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law, or be transferred or extinguished by an act or operation of law, then and in every such case such trust or confidence shall be of the like force and effect as the same would have been if this statute had not been made; anything hereinbefore contained to the contrary notwithstanding.
Сторінка 380 - 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 the seisin of A.
Сторінка liii - Free services were such as were not unbecoming the character of a soldier or a freeman to perform; as to serve under his lord in the wars, to pay a sum of money, and the like. Base services were such as were fit only for peasants, or persons of a servile rank ; as to plough the lord's land, to make his hedges, to carry out his dung, or other mean employments.
Сторінка 89 - ... hereditament, it shall go to the executor or administrator of the party that had the estate thereof by virtue of the grant ; and if the same shall come to the executor or administrator either by reason of a special occupancy or by virtue of this act, it shall be assets in his hands, and shall go and be applied and distributed in the same manner as the personal estate of the testator or intestate.
Сторінка 368 - And also saving to all and singular those persons, and to their heirs, which be, or hereafter shall be seised to any use, all such former right, title entry, interest, possession, rents, customs, services and action as they or any of them might have had to his or their own proper use, in or to any manors, lands, tenements, rents or hereditaments, whereof they be, or hereafter shall be seised to any other use...

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