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

Front Cover
Saunders and Benning, 1835 - Real property
 

Contents

Sect Page
52
But Long Possession of a Portion of Tithes creates
58
TITLE XXIII
65
Of Exemptions from Tithes
70
Common of Piscary
71
Inclosure of Commons
80
How claimed
86
TITLE XXV
92
How created
93
Offices incident to others id
94
Bishops c may grant Offices
95
What Offices may be granted to two Persons
97
What Estate may be had in an Office
98
What Offices may be granted in Reversion
100
What Offices may be entailed
102
Some Offices may be assigned
103
Who may hold Offices
104
When exerciseable in Person and when by Deputy
105
What Oaths c required
108
Statutes against Selling or Buying Offices
109
What Offices are not within this Statute
111
Where Equity will interpose
112
How Offices may be lost
113
By Acceptance of an incompatible Office
115
By the Destruction of the principal
116
How suspended id
117
TITLE XXVI
118
Curia Regis and Parliament
120
Barones Majores et Minores
122
Necessity of a Writ of Summons id
123
Dignities by Tenure
124
Have sometimes gone with Castles Manors c
128
Dignities by Charter
134
By Letters Patent
135
By Writ id
136
Are Hereditary
138
Sect Page 89 By Marriage
143
CHAP II
145
What Estate may be had therein
146
With a Remainder over
148
If pour autre vie
149
Not subject to Curtesy
150
Cannot be aliened
152
Nor surrendered
153
Nor extinguished by a new Title
154
An Earldom does not attract a Barony
155
Dignities forfeited by attainder for Treason
156
But those in Remainder not affected
157
And also for Felony
158
Except Dignities in tail id
159
Does not extend to entailed Dignities id
182
A Dignity formerly lost by Poverty
183
Not within the Statutes of Limitation
184
Writs to the eldest Sons of Peers 141
186
The Half Blood may inherit
188
Abeyance of Dignities
189
The Crown may terminate the Abeyance
191
A Chase
244
A Manor
257
A Hundred
264
TITLE XXVIII
271
To what Persons
277
When it goes to the Executor and when to
283
CHAP II
289
Cannot be devested
295
Apportionment of Rent Charge
302
CHAP I
311
Sect Page
314
And Natural born Subjects
320
CHAP III
327
But Females equally
333
What Acts will alter the Descent id
340
Trust Estates are within this Rule
350
314
357
Sect Page 1 Go to the Heirs of the Person in whom they first vested
378
An Act of Ownership operates as a Seisin
382
CHAP V
385
Go to the Half Blood
386
Customary Descents
387
Borough English
388
Cannot be altered by Limitation
389
Copyhold Descents id
390
Construed strictly
391
TITLE XXX
396
Escheat
397
For Default of Heirs
398
No Escheat where there is a Tenant
399
Any Alienation prevents an Escheat
400
What things Escheat
401
A trust Estate does not Escheat
402
Noran Equity of Redemption
415
Nor Money to be laid out in Land id
416
And to all Charters
417
Is subject to Incumbrances id
419
Prescription by Immemorial Usage Sect Page 1 Origin of Prescription
420
Prescription by immemorial Usage
422
Must be beyond Time of Memory
425
And have a continued Usage
426
How a Prescription may be lost
428
Descent of Prescriptive Estates
429
CHAP II
430
As to Entry on Lands
434
Effect of Twenty Years Possession
436
A Lease Postpones the Right of Entry
439
Where a new Right accrues a new Entry is given
447
How an Entry is to be made
450
Must be followed by an Action
451
Savings in the Statute 21 Jac id
452
What are not within them
453
Advowsons
454
Tithes
455
Rents created by Deed id
456
56 Bond Debts
457
Nullum Tempus Act id
458

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Popular passages

Page 420 - December 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress, or bring such action, shall have first accrued...
Page 438 - ... to make an entry or distress, or to bring " an action to recover such land or rent, shall have first ac...
Page 445 - And that when any land or rent shall be vested in a trustee upon any express trust, the right of the cestui que trust, or any person claiming through him, to bring a suit against the trustee, or any person claiming through him...
Page 140 - And yet Time hath his revolutions ; there must be a period and an end to all temporal things— -finis 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, where is Plantagenet ? They are entombed in the urns and sepulchres of mortality. And yet let the name and dignity of De Vere stand so long as it pleaseth God!
Page 88 - Offices, which are a right to exercise a public or private employment, and to take the fees and emoluments thereunto belonging, are also incorporeal hereditaments, whether public, as those of magistrates, or private, as of bailiffs, receivers, and the like.
Page 420 - And be it further enacted that in the construction of the Act the right to make an entry or distress or bring an action to recover any land or rent shall be deemed to have first accrued at such time as hereafter is mentioned, that is to say, when the person claiming such land or rent or some person through whom he claims...
Page 436 - ... then been executed by such tenant in tail or the person who would have been entitled to his estate tail if such assurance had not been executed, would, without the consent of any other person, have operated to bar such estate or estates as aforesaid, then at the expiration of such period of twenty years such assurance shall be and be deemed to have been effectual as against any person claiming any estate, interest, or right to take effect after or in defeasance of such estate tail.
Page 439 - Act shall exclude such construction, be interpreted as follows: (that is to say,) the word ' land ' shall extend to manors, messuages, and all other corporeal hereditaments whatsoever, and also to tithes (other than tithes belonging to a spiritual or eleemosynary corporation sole), and also to any share, estate, or interest in them or any of them, whether the same shall be a freehold or chattel interest, and whether freehold or copyhold, or held according to any other tenure ; and the word
Page 435 - ... at the time at which the same shall have become an estate or interest in possession, by the determination of any estate or estates in respect of which such land shall have been held or the profits thereof, or such rent shall have been received, notwithstanding the person claiming such land or...
Page 438 - Forty years next after the time at which such right shall have first accrued, although the person under disability at such time may have remained under one or more of such disabilities during the whole of such...

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