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, Volume 2

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Johnson and Warner, and Samuel R. Fisher, Jr., 1812 - Land tenure

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Page 324 - ... in all cases where a condition of a bond, recognizance, 8cc. is possible at the time of the making of the condition, and before the same can be performed, the condition becomes impossible by the act of God, or of the law, or of the obligee, &.<;. there the obligation, &C. is saved.
Page 343 - ... by entry for non-payment of the rent, or for doing of waste or other forfeiture...
Page 694 - ... or they by whom he or they claim the same, have been in possession of the same, or of the reversion or remainder thereof, or taken the rents or profits thereof, by the space of one whole year next before the said bargain, covenant, grant, or promise made...
Page 535 - ... attorn to the grantee in the life of the grantor, by force and virtue of the grant, or otherwise the grant is void. And attornment is no other in effect, but when the tenant hath heard of the grant made by his lord, that the same tenant do agree by word to the said grant, as to say to the grantee, I agree to the grant made to you, [&c.,] or I am [well] content with...
Page 547 - ... issue, are not in esse for a time et tune dormiunt, but may be revived or awaked; and they are said to be extinguished, when they are gone for ever, et tune moriuntur, and can never be revived; that is, when one man hath as high and perdurable , . an estate in the one as in the other.
Page 429 - During the term wherein any judicial act is done, the record remaineth in the breast of the judges of the court, and in their remembrance, and therefore the roll is alterable during that term, as the judges shall direct, but, when that term is past, then the record is in the roll, and admitteth no alteration, averment, or proof to the contrary.
Page 352 - If A. be seised of Black Acre in fee, and B. enfeoffeth him of White Acre upon condition, that A. shall not alien Black Acre, the condition is good; for the condition is annexed to other land, and ousteth not the feoffee of his power to alien the land whereof the feoffment is made, and so no repugnancy to the state passed by the feoffment ; and so it is of gifts or sales of chattels, real or personal.
Page 622 - But having regard to strangers who were not parties or privies thereunto, (lest by a voluntary surrender they may receive prejudice touching any right or interest they had before the surrender,) the estate surrendered hath, in consideration of law, a continuance...
Page 452 - Also, if a man letteth to another his land for term of years, if the lessor release to the lessee all his right, &c., before that the lessee had entered into the same land by force of the same lease, such release is void, for that the lessee had not possession in the land at the time of the release made, but only a right to have the same land by force of the lease.
Page 719 - Parliament is to make construction of all parts together, and not of one part only by itself " and " it is the most natural and genuine exposition of a statute to construe one part of a statute by another part of the same statute, for that best expresseth the meaning of the makers".