A Systematic Arrangement of Lord Coke's First Institute of the Laws of England, on the Plan of Sir Matthew Hale's Analysis: With the Annotations of Mr. Hargrave, Lord Chief Justice Hale, and Lord Chancellor Nottingham; and a New Series of Notes and References to the Present Time : Including Tables of Parallel Reference, Analytical Tables of Contents, and a Copious Digested Index ...S. Brooke, and sold by Messrs. Butterworth and Son, 1818 - Land tenure |
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Page 5
... maketh mention . ALSO , there be other words in a deed which cause the tenements to be conditional . As if upon such feoffment As if upon such feoffment a rent be reserved to the feoffor , & c . and afterward this word is put into the ...
... maketh mention . ALSO , there be other words in a deed which cause the tenements to be conditional . As if upon such feoffment As if upon such feoffment a rent be reserved to the feoffor , & c . and afterward this word is put into the ...
Page 8
... maketh a feoffment in fee , ad faciendum , or fa- ciendo , or câ intentione , or ad effectum , or ad propositum , that the feoffee shall do or not do such an act , none of these words make the state in the land conditional , for in ...
... maketh a feoffment in fee , ad faciendum , or fa- ciendo , or câ intentione , or ad effectum , or ad propositum , that the feoffee shall do or not do such an act , none of these words make the state in the land conditional , for in ...
Page 13
... maketh a 10 Ass . 15. tit . Ass . 161. Pl . Com . charter of the fee upon condition , that if he be disturbed Browning's case 135 . within the term , that he cannot hold the lands until the end of the term , that then he shall hold the ...
... maketh a 10 Ass . 15. tit . Ass . 161. Pl . Com . charter of the fee upon condition , that if he be disturbed Browning's case 135 . within the term , that he cannot hold the lands until the end of the term , that then he shall hold the ...
Page 15
... maketh livery of seisin , in this case it is clear ( say they ) that B. hath a fee- simple maintenant , for there is no condition precedent in the case . As for the case in 12 E. 2. , the case ( as it is put in the Seignior Stafford's ...
... maketh livery of seisin , in this case it is clear ( say they ) that B. hath a fee- simple maintenant , for there is no condition precedent in the case . As for the case in 12 E. 2. , the case ( as it is put in the Seignior Stafford's ...
Page 16
... maketh a lease for years , the lessee enters and the lessor makes a charter to the lessee , and thereby doth grant unto him , that if he pay unto the lessor a hundred marks during the term , that then he shall have and hold the lands to ...
... maketh a lease for years , the lessee enters and the lessor makes a charter to the lessee , and thereby doth grant unto him , that if he pay unto the lessor a hundred marks during the term , that then he shall have and hold the lands to ...
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Common terms and phrases
advowson albeit alien ancestor appeareth assigns assise attornment Bract collateral collateral warranty common law common recovery confirmation contingent remainder conveyance court court of equity covenant deed defeated descend devise dieth disseisee disseisin disseisor diversity doth Dyer Eliz enter entry enure equity escheat executors father Fearn fee-simple feme covert feoffee feoffment in fee feoffor freehold gift in tail grant grantor hath heirs husband inheritance issue land lease lessee lessor limitation Littleton livery of seisin lord Lord Coke maketh malum in se manor marriage ment mortgage mortgagor obligee obligor particular estate party payment person plaintiff plead possession Post purchase release rent reversion Sect seignory seised shew statute stranger supra surrender tenant in tail tenements term thing tion Vern vested void vouch warranty whereof wife words writ
Popular passages
Page 541 - BEFORE we conclude the doctrine of remainders and reversions, it may be proper to observe, that whenever a greater estate and a less coincide and meet in one and the same person, without any intermediate estate y, the less is immediately annihilated; or, in the law phrase, is said to be merged, that is, sunk or drowned in the greater.
Page 114 - 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 rested remainder from one that is contingent.
Page 130 - when the ancestor, by any gift or conveyance, takes an estate of freehold, and in the same, gift or conveyance an estate is limited, either mediately or immediately, to his heirs, in fee or in tail, that always, in such cases, ' the heirs' are words of limitation of the estate, and not words of purchase.
Page 80 - ... if the tender be made to him that is to receive it upon any part of the land at any time of the last day of payment...
Page 387 - It may be laid down for a rule, that, whatever words are sufficient to explain the intent of the parties, that the one shall divest himself of the possession, and the other come into it, for...
Page 130 - It is a rule of law, that when the ancestor, by any gift or conveyance, takes an estate of freehold ; and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs in fee or in tail, that always in such cases, the heirs are words of limitation of the estate, and not words of purchase.
Page 14 - February make a lease for years, reserving a yearly rent, payable at the feasts of Saint Michael the Archangel, and the Annunciation of our Lady, during the term, the law (in this case of reservation) shall make transposition of the feasts, viz.
Page 550 - ... for the rents and duties reserved by such new lease, so far as the same exceed not the rents and duties reserved in the lease out of which such under-lease was derived...
Page 317 - And the field of Ephron which was in Machpelah, which was before Mamre, the field, and the cave which was therein, and all the trees that were in the field, that were in all the borders round about, were made sure unto Abraham for a possession in the presence of the children of Heth, before all that went in at the gate of his city.
Page 128 - As if a man make a feoffment in fee, to the use of the will and testament of a stranger, there the stranger may declare a use of the whole by his will, notwithstanding it be knight's service land ; but the reason of the principal case is, because uses before the statute of 27 H.