ABATEMENT, Pleas in, IN REAL ACTIONS, (continued). Pleaded in bar, with a title, 207. Darrein presentment, 207. Mistake of Descent, 207. In what actions, 207. Mistake in the demise, 207. Cannot be pleaded where the demise is correctly stated in law, 208. Either of demandant or tenant, 208. In what actions, 208. Mistake in the entry, 208, 209. ABRIDGMENT of plaint, 176. (See title Count.) ABUSE OF DISTRESS, plea in bar of in replevin, 639, 641. ACCEDAS AD CURIAM, writ of, 627. (See title Replevin.) ACCORD AND SATISFACTION, plea of. In real actions, 213, 244. In covenant, 455. In trespass, 689. ACTION ON THE CASE FOR NUISANCE AND DISTURBANCE. In what cases it lies in general, 353 to 371. Not for the continuance of a trespass, 353. (See titles, Nuisance, Lights, Secta ad Molendinum, Watercourse, Way, Common, Market, Pew.) Lies where tenant for life in dower, or by the curtesy, aliens in fee after death of tenant for life, For him in reversion or remainder in fee in tail or for life, 93. But ejectment now the proper remedy, 93. Extended to cases of default or reddition by stat. Westm. 2, 94. Where tenant by the curtesy aliens in fee, heir of reversioner may have this writ or mortd'an- Lessor may have this writ or ad terminum qui præteriit, 94. Process, &c. 94. AD TERMINUM QUI PRÆTERIIT, writ of entry of. Lies for lessor or his grantee when deforced after lease for life or years, 97, 98. Quare whether it lies where tenant for years makes feoffment in fee, 97. ADMITTANCE. (See title Copyholds.) AD QUOD DAMNUM, writ of, 360, note (c). ADVERSE POSSESSIÓN, 502. (See title Limitation in Ejectment.) ADVOWSON. Writ of right of, 26, 27, 28. Limitation of, 11. Of tithes, writ of right of, 28. Is held of the grantor, and does not escheat to the lord on death of grantee without issue, 35. AGE. (See title Parol Demurrer.) AFFIDAVIT OF SERVICE of Declaration in Ejectment, 561 to 565. (See title Ejectment.) For sale of land under 4th sec. of stat. of frauds, 595. (See title Assumpsit on Sale of Real For a lease, what will be held to be, 518 to 522. (See title Lease.) Person coming in under, tenant at will, 524 AID-PRAYER. Aid of the king, 275. Who may pray aid. Tenant for life in dower, or by the curtesy, 276. But not tenant in tail, or tenant in tail after possibility, 276. Coparceners not before partition, 276. After partition to dereign warranty paramount, 276. AID-PRAYER, (continued). Jointenants after partition by stat. 31 H. 8, c. 1, to dereign the warranty paramount, 277. Spiritual persons, 277. Who may be prayed in aid. Tenant cannot have aid of himself, 277. Of reversioner or remainderman in fee, 277. Of several remaindermen, 277. No aid of demandant, 277. Where prayee in aid dies, 277. Party may be prayed in aid contrary to the supposal of the writ, 278. In what actions aid may be prayed, 278. At what time. In dower unde nihil habet, 180. In writ of entry sur disseisin, 182. In quare impedit, 186. In partition, 188. In ejectment, 552. AMENDS, tender of. (See title, Tender.) AMERCEMENT, avowry for, 637. ANCIENT DEMESNE. Writ of right close in ancient demesne, 23. Writ of deceit for impleading lauds in king's courts, 139. (See title Deacit.) Fine of in king's courts, effect of, 139, 140, 141. Plea of in ejectment, 579. ANNUITY. Does not escheat, 35. Assise does not lie for, 68. Debt does not lie for under stat. 8 Anne, c. 14, s. 4, 466. APPOINTEE not assiguee so as to be charged on covenant, 449. APPORTIONMENT. Of rent, 457. Of common, 368. APPROVEMENT of common, 691. ARBITRAMENT, plea of in trespass, 689. ASSENT to devise of a term, 514. ASSIGNEE. (See titles Covenant and Assignees of Reversions.) When he may take advantage of, or be charged with a warrant, 7, 260, 261. When bound by covenant not to assign, 432. (See title Covenant.) When he may sue, and be sued in covenant, 442, 449. May discharge himself from covenants by assigning over, 450. When he may be sued in debt for rent, 469. ASSIGNEE OF BANKRUPT. Title of in real actions, 8. Title of in ejectment. Freeholds in bankrupt at time of execution of bargain and sale, but not subsequently ac- Enrolment of bargain and sale, 509. Demise must not be laid before enrolment, 509. No relation to act of bankruptcy, 509. Copyholds pass by bargain and sale, 509. But bargainee cannot have ejectment before admittance, 509. But after admittance, title has relation to bargain and sale, 509. Leaseholds are vested in assignee by relation to act of bankruptcy, 509. Demise laid at any time after act of bankruptcy, 509. When answerable in use and occupation, 407. What is an acceptance of lease by under stat. 49 Geo. 3, 446, 447, 450. See also stat. Geo. 4, c. 16. Addenda, 712, 713. ASSIGNEES OF REVERSIONS. (See also title Covenant.) When they may sue in ejectment on breach of condition of re-entry, 509, 534. Not at common law, unless for breach of a condition in law, 510. So they might take advantage of a limitation or of a condition, making the estate to Stat. 32 H. 8, c. 34, enabling them to sue on breach of condition in fact, 510. Does not extend to reversions on estates tail, 510. What persons within the statute, 510. Not persons in merely by act of law, 510. Where reversion is first vested in devisee, 510. Grantee of part of the reversion in all the lands, 510. But not grantee of the whole reversion in part of the lands, 510, 511. Unless the condition is apportioned by act of law, 511. What conditions are within the statute, 511. Notice of assignment to lessee necessary, 511. When they may sue in covenant, 442. When they may sue in debt for rent, 468. ASSIGNMENT. Of dower pleaded, 222. (See title Pleas in bar.) Before waste done, pleaded in waste, 243. Covenant not to make, 431. (See title Covenant.) Plea of in covenant, 456. Plea of in debt for rent, 473. Of replevin bond, 656. (See title Replevin.) ASSISE OF DARREIN PRESENTMENT. (See title Darrein presentment.) ASSISE OF JURIS UTRUM. (See title Juris utrum.) ASSISE OF MORTD'ANCESTOR. (See title Mortd'ancestor.) ASSISE OF NOVEL DISSEISIN. Where it lies, 63. ASSISE OF NOVEL DISSEISIN, (continued). Though he has only the freehold in law, 65. Formerly against pernor of the profits, 65. Pernor of the rent, and disseisor in assise of rent service, 65. Two forms of the writ at common law, 65. Assise de libero tenemento for lands, &c., 65. No assise for profits à prendre at common law, 65. But by stat. West. 2, assise lies for estovers and other profits, 66. Assise for offices in fee given by same statute, 66. But assise for offices lay at common law, 66. And may be brought for offices in fee, in tail, or for life, 66. Actual seisin necessary, 67. Whether master of an hospital can have assise, 67. Does not lie for office of charge and no profit, 67. In assise of ancient office, not necessary to shew fee or profit, 67. Frequent distress, 67. Does not lie for homage or fealty, 67. Of common. At common law only for common of pasture, 67, 181. By stat. Westm. 2, for common of piscary, turbary, &c. 67. Necessary where common has been enclosed twenty years, 68. For tithes. By stat. 32 H. 8, c. 7, s. 7, for tithes in lay hands, 68. For what an assise does not lie-Service omitted-Homage-Mere easements, 68. In what county, 68. Assise in confinio comitatus, 68. At common law, in assise of common, or nuisance, 68. FORM OF THE writ, 69. Command to reseize the goods, matter of form, 69. Only two forms of writ at common law, (see above). These forms preserved in assise for a profit, &c. under stat. W. 2, 69. No title made in the writ, 69. Plaintiff may sue in one writ for lands coming by several titles, 69. VENDOR V. Vendee. Agreement for sale of lands within the statute of frauds, 395. What interests within the statute, 395. Consideration of agreement must appear, 396. Both parties must be named in it, 396. But it need not all be contained in a single paper, 396. Several papers cannot be connected by parol evidence, 396. Though such evidence is good to prove identity of writing, 396. Letter completing agreement must recognise it, 396. Signature of agreement, 396. ASSUMPSIT, on Sale of REAL PROPERTY, (continued). In any part of the instrument, 397. Signature as witness with knowledge of contents sufficient, 397. Supplied by other writing, 397. Of party to be charged sufficient, 397. Agent need not be authorised by writing, 597. But must be a third person, 397. Auctioneer agent of both parties, 397. Unless the action is brought by the auctioneer, 398. Declaration. Auctioneer's clerk without principal's consent insufficient, 398. Contract must be correctly stated, 398. Whether plaintiff must set out his title specially, 398. What is sufficient averment of performance on part of plaintiff, 398, 3o?, 400. For non-performance, or to recover purchase money or deposit, 400. In special action interest and expenses recoverable, 400. Aliter in money had and received, 400. And in neither compensation for fancied goodness of bargain where vendor is with- out fraud incapable of making title, 400. In money had and received contract must be disaffirmed ab initio, 401, Therefore it will not lie where purchaser has occupied under the contract, 401. To recover deposit plaintiff must prove title defective, 401. Not sufficient that it has been so deemed by conveyancers, 401. Vendor must make out good title at the day, 401. Abstract of defective title may be objected to, 401. Must be verified by title deeds, 401. Or purchaser may rescind contract, 401. Quare where the property consists of several parcels, 401. What shall be recovered. Deposit and interest, and expenses of investigating title, 402. When residue of purchase money has been lying ready, interest on that sum, 402. But where contract is void by stat. of frauds deposit only recoverable, 402. Form of action, 402. Particular of objections, 402. Payment to agent, payment to principal, 402, 403. Auctioneer, in what cases he may be sued, 403. ATTACHMENT in real actions. Process in many writs in the realty, in which process in summons, attachment, and distress, On adjournment-day of essoign on summons, 151. Mode of executing formerly, by attaching goods of defendant, compelling him to find pledges, or merely summoning, 151. Sheriff could only take moveables, 151. Not defendant's horse or apparel, 151. Nor goods of great value, 152. Sheriff's return, 151. Clerk attached by his person or lands, 152. If defendant attached by pledges, distringas issued on non-appearance, 152. Actions in the realty in which attachment is first process, 152. Fifteen days between teste and return, 152. Statute 51 Geo. 3, c. 124, 152. ATTACHMENT for costs in ejectment, 606. |