A Digest of the Laws of England Respecting Real Property, Volume 3

Front Cover
A. Strahan, 1818
 

Contents

Portionists 61 Vicars
58
The King 67 Lords of Manors 68 Lay Impropriators
60
What Estate they have 78 Of Exemptions from Tithes 79 Real Composition
63
Prescription de modo decimandi
64
Prescription de non decimando
65
Act of Parliament 95 Nonpayment of Tithes cannot be pleaded against a Layman
69
Long Possession of a Portion of Tithes creates a Title
82
Common of Pasture
84
Appendant 11 Appurtenant
85
Because of Vicinage
86
In Gross
87
Stinted Commons 26 Common of Estovers
88
Common of Turbary COMMON
89
Common of Piscary 38 Common annexed to Copyholds
90
A Right to Common cannot be divested
92
Common may be apportioned 48 Rights of the Lord 55 Rights of the Commoners 62 Approvement of Common
93
Page
99
Inclosure of Commons 86 Extinguishment of Common
102
a 4
103
id
104
id
106
Nature of 4 How claimed TITLE XXIV
109
TITLE XXV
117
id
132
19
133
84
141
88
142
90
143
93
144
97
146
102
147
TITLE XXVI
149
English Nobility
151
Barones Majores et Minores
154
Necessity of a Writ of Summons
155
Names of Dignities
156
Dignities by Tenure
158
Cases where Dignities have gone with Lands
163
Dignities by Writ
171
The Person summoned must sit
172
Are Hereditary
174
Of Writs to the eldest Sons of Peers
177
Dignities by Charter id
178
On whom Dignities can be conferred
180
CHAP 11
182
May be entailed
184
With a Remainder over
187
Dignities forfeited by attainder
196
Does not extend to entailed Dignities
197
Restitution of Blood
198
A Dignity may be lost by Poverty
200
Not within the Statutes of Limitation
202
CHAP III
204
Abeyance of Dignities
208
The Crown may terminate the Abeyance
211
Modes of terminating an Abeyance
213
Effect of a Writ to one of the Heirs of a Coheir id
214
Where only one Heir the Abeyance terminates
216
Cafes of Claims by a furviving Heir
223
Attainder of one of two Coheirs does not determine
225
Descent of Baronies created by Writs to the eldest
237
Is the same as that of the antient Barony
243
Descent of Dignities created by Letters Patent
248
TITLE XXVII
250
A Forest
251
A Chace
253
A Park
254
A Free Warren
255
A Free Fishery
258
A Manor
262
Rights of the Lords as to Game
263
A Court Leet
266
Wreck
267
Estray
269
Treasure Trove
270
Rent Charge
282
Rent Seck
283
Other Sorts of Rents id
284
What gives a Seisin of a Rent id
285
Upon what Conveyances and how
287
To what Persons
289
At what time payable
294
Remedies for Recovery of Rents
298
Clauſe of Reentry
299
Right of Entry by way of Use
301
Actions of Debt and Covenant
303
CHAP II
303
Occupaucy of a Rent
304
Subject to Curtesy
305
And to Dower зоб
306
May be granted in Remainder
307
Or to commence in futuro
308
Or to cease for a Time only
309
Cannot be divested
310
How forfeited
311
CHAP III
313
Discharge of Rent Charge
317
Apportionment of Rent Charge
319
Apportionment of Rent Service at Law
320
By the Statute 11 Geo II
324
DESCENT CHAP I
329
Nature of a Title
330
Right of Possession
331
Discontinuance of Estates
333
What constitutes a complete Title
334
CHAP II
337
But a Title may be deduced through an Alien
342
Or naturalized or made Denizens
343
CHAP III
348
Exceptions to this Rule
350
Explanation of the First Canon
351
Exclusion of the ascending Line
352
2d CanonMales preferred to Females
353
3d CanonThe eldest Male succeeds
354
But Females equally
355
5th CanonCollateral Descents
356
The Heir must be descended from the first Purchaſer id
358
What Acts will alter the Descent
359
What Acts have not that Effect
363
Rule of Collateral Descents
364
What Seisin necessary
366
Trust Estates are within the Rule
375
CHAP IV
412
An Act of Ownership operates as a Seisin
418
Borough English
425
TITLE XXX
435
A Trust Estate does not escheat
443
Nor an Equity of Redemption
461
Nor Money to be laid out in Land id
462
And to all Charters
463
Is subject to Incumbrances id
464
TITLE XXXI
466
Prescription by immemorial Usage
468
What may be claimed by
469
Must be beyond Time of Memory
472
And have a continued Usage
473
And be certain and reasonable id
475
Descent of Prescriptive Estates
477
CHAP II
478
Statutes of Limitation
479
As to Prescriptive Rights
480
Possession id
484
A Lease postpones the Right of Entry
487
Where a Second Right accrues a new Entry is given
499
The Entry must be on the Land
501
And followed by an Action
502
Ecclesiastical Corporations
504
Rents created by Deed id
506
Where Equity adopts the Doctrine of Limitations
508

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Page 498 - so as such person and persons, or his or their heir or heirs, shall, within ten years next after his and their full age, discoverture, coming of sound mind, enlargement out of prison, or coming into this realm, or death, take benefit of and sue forth the same, and at no time after the said ten years.
Page 29 - that if any patron, for any sum of money, reward, gift, profit, or benefit, directly or indirectly, or for or by reason of any promise, agreement, grant, bond, covenant, or other assurance, shall present or collate any person to an ecclesiastical benefice or dignity, such presentation shall be void; the presentee be rendered incapable of ever enjoying the same benefice
Page 86 - of two townships, which lie contiguous to each other, have usually intercommoned with one another ; the beasts of the one straying mutually into the other's fields, without any molestation from either. This species of common is in fact only a permissive right, intended to excuse what in strictness is a trespass in both ; and
Page 186 - rerum; an end of names and dignities, and whatsoever is terrene, and why not of De Vere. For where is Bohun ? Where is Mowbray ? Where is Mortimer ? Nay, which is more and most of all
Page 345 - heir presumptive. Heirs apparent are such, whose right of inheritance is indefeasible, provided they outlive their ancestor; as the eldest son, or his issue; who must, by the course of the common law, be heir to the father, whenever he happens to die. Heirs presumptive are such who, if the ancestor should die immediately, would in the present
Page 498 - compos mentis, imprisoned, or beyond the seas, that then such person and persons, and his and their heir and heirs, shall or may, notwithstanding the said twenty years be expired, bring his action or make his entry, as he might have done before this act
Page 372 - shall be preferred to the female ; that is, kindred derived from the blood of the male ancestor, however remote, shall be admitted before those from the blood of the female, however near; unless where the lands have, in fact, descended from a female.
Page 163 - it is declared, that nothing in that act " shall infringe or hurt any title of honour, feudal or other, by which any person had or might have a right to sit in the Lords House of Parliament, as to his or their title of honour, or sitting in parliament, and the privileges belonging to them as peers.
Page 320 - on the day on which any rent was reserved or made payable, upon any demise or lease of lands, tenements, or hereditaments, which determined on the death of such tenant for life ; that the. executors or administrators of such tenant for life shall and may, in an action on the case, recover of and from such under-tenant or under-tenants of such lands,
Page 311 - on himself, he is bound to make it good, notwithstanding any accident by inevitable necessity ; because he might have provided against it by his contract.

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