A Digest of the Laws of England Respecting Real Property, Svazek 1

William Cruise

A. Strahan, 1818

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Titulní stránka

Obsah

OF	1

Tenure in Capite	7

Definition	10

Statute of Quia Emptores	14

Duties of the Lord and Vassal	16

Fealty	26

Or for any other Purpose to which a Seisin	29

Tenure by Knight Service	32

When entitled to Emblements id	271

May be limited for Life with a Remainder over	272

Merged by a Union with the Freehold	273

And also by Surrender	277

How forfeited	278

TITLE IX	279

May arise by Implication	280

This Tenant sometimes entitled to Emblements	281

A Trust Estate limited after Payment of Debts vests immediately	33

Terms for Years limited in Trust	34

How Trusts may be declared	35

Fines for Alienation	39

Contract for a Purchase	40

Purchase in the Name of a Stranger	41

Changes in Socage by Stat 12 Charles II	47

Superior and Inferior Manors	50

How Manors are destroyed	51

Tenure in Villenage	52

Copyholds	53

Free Copyholds	54

Tenure in Frankalmoign	55

TITLE I	57

Was unalienable	58

Heir Looms and Charters	59

Of Estates in Land id	60

Of Seisin	63

His Obligation on Eviction	64

Abatement	65

34	66

Who may have Freehold Estates	67

Estates in Fee Simple	68

Abeyance of the Fee	70

Incidents to a Fee	71

Descendible to Heirs General id	72

Of Crown Debts	74

Feudum Talliatum	75

33	76

Into whose Hands soever they pass	77

How discharged	78

TITLE II	80

VOL I	81

Tail Male and Female	86

Estates in Frank Marriage id	87

Modes of creating an Estate Tail	88

What may be entailed id	90

Subject to Curtesy and Dower	91

Tenant in Tail has a Right to the Title Deeds	92

Of the Power of Tenant in Tail over his Estate and the Modes of barring it 1 Can only alien for his own Life	94

Sometimes voidable by Entry	96

Cannot create an Estate to commence after his Death 197	102

Nor subject to his Debts	103

id	109

TITLE III	113

But must keep down the Interest	120

id	127

CHAP II	129

Opening Pits or Mines	132

Changing the Course of Husbandry	133

Destruction of Heir Looms id	134

Of the Action for Waste id	136

The Timber belongs to the Person entitled to the Inheritance	138

May be cut down by Order of the Court of Chancery	142

Of the Clause without Impeachment of Waste	144

How far restrained in Equity	146

Is annexed to the Privity of Estate	148

Of partial Powers to cominit Waste id	149

Of Accidents by Fire	152

TITLE IV	153

But is restrained from malicious Waste	156

His Privileges not grantable over	157

TITLE V	158

Description of	159

2 Seisin	160

3 Issue	162

In the Lifetime of the Wife	163

4 Death of the Wife	164

CHAP II	166

DOWER	174

39	177

CHAP II	180

Who are incapable of Dower id	186

Equities of Redemption of some Kind id	187

Where a Widow has an Election id	189

What Things are not liable to Dower	190

Lands assigned for Dower id	191

Uses and Trusts	192

The Dowress entitled to Emblements	193

Restrained from Alienation id	194

CHAP IV	195

Who may assign	196

Remedies against an improper Assignment	199

Effect of an Assignment of Dower id	200

CHAP V	202

Detinue of Charters	205

Fine or Recovery	206

A Bequest of Personal Estate is no Bar to Dower	216

In Satisfaction of her whole Dower	222

Of the Nature and Quality of a Quality of a Use before the Statute 27 Hen VIII	224

Nature of this Estate	228

Not bound by Neglect during Coverture	231

Nor to deliver up Title Deeds	234

Sometimes allowed Interest for Arrears	235

CHAP III	237

TITLE VIII	256

Introduction of long Terms	258

A Tenant for Years has no Seisin	259

But must make an Entry	260

An Entry before the Lease begins is a Disseisin id	261

And be assigned before Entry id	262

Are Chattels	263

And vest in Executors id	264

Tenants for Years entitled to Estovers	266

Clause without Impeachment of Waste	270

Cannot commit Waste id	282

Bind the Persons in Reversion	284

And devolve to Executors	285

Six Months Notice to quit necessary	286

CHAP II	287

TITLE X	291

Free Copyholds	293

Circumstances necessary to their Existence	295

The Things granted must be Parcel of the Manor	297

And demised or demisable by Copy	298

What destroys the Custom of granting	300

What may be granted by Copy	302

Copyholders may have Estates in Fee 0303	303

And Estates Tail	304

And Estates for Life	305

Copyhold Customs	307

How proved	308

CHAP II	311

All Lords of Manors may make Grants	312

Provided they have a lawful Estate	313

Though under Personal Disabilities	314

To whom Grants may be made	315

The Custom must be observed	316

Copyhold Grants take place of many other Estates	320

CHAP III	322

But cannot in general commit Waste	324

Copyholds are descendible	326

Not liable to Debts	327

Subject to Free Bench id	329

And by the Alienation of the Husband	330

Or even an Agreement to convey	332

And by Forfeiture	333

And by a Grant of the Freehold to the Husband id	334

What Statutes extend to Copyholds	335

Fines	337

CHAP V	356

Of a Devisee	369

Who may forfeit	370

Extent of a Forfeiture	371

Where Presentment is necessary id	372

Who may take Advantage of a Forfeiture	374

Where Relief has been refused	376

CHAP VI	379

Release to the Lord	380

Enfranchisement	381

Escheat or Forfeiture	384

TITLE XI	386

Of the Fidei Commissum	388

Jurisdiction of the Chancellors over Uses	389

Introduction of the Writ of Subpoena	390

Nature of a Use	394

And of Privity of Estate	398

Who might be seised to Uses	399

What might be conveyed to Uses	400

Rules by which Uses were governed	401

Could not be raised without a Consideration id	402

Might commence in futuro	403

Not subject to Dower or Curtesy	404

Not extendible or Assets id	405

CHAP III	409

Estate Tail	414

Estate for Life	417

What may be conveyed to Uses id	418

3 A Use in esse	423

The Statute then transfers the actual Seisin id	424

CHAP IV	429

Uses arising upon the Execution of Powers	431

Conveyances derived from the Statute of Uses	433

Whether the Statute extends to Devises	436

Resulting Uses	438

Uses by Implication	442

No Use results but to the Owner of the Estate	443

Nor against the Intent of the Parties id	444

Nor on a Grant of an Estate Tail	445

Conveyance without Consideration	446

Nor on a Devise	447

TITLE XII	451

Origin of Trusts	452

Description of	453

Limitation to Trustees to pay over the Rents	455

Trust for the separate Use of a Woman	456

Trust to sell or to raise Money	457

id	462

id	463

id	473

474	474

ExceptionChildren emancipated	479

And also a Wife 85 No Trust between Lessor and Lessee	480

Of the Rules by which Trust Estates of Freehold are governed I A Trust is equivalent to the Legal Ownership 5 Trusts are alienable 8 Devisable and d...	483

id	485

Subject to Curtesy	486

But not to Dower	488

Nor to Free Bench	490

Subject to Forfeiture for Treason	491

VOL I	497

C	499

id	526

Where they are not bound 3	528

Where the Receipt of the Trustees is sufficient	530

Trustees have equal Power	532

Can derive no Benefit from the Trust	533

Bound to reimburse the Cestui que trust id	534

But allowed all Costs and Expences	535

Refusing to act must release or disclaim	539

Další vydání - Zobrazit všechny

A Digest of the Laws of England Respecting Real Property, Svazek 1
William Cruise
Úplné zobrazení - 1818

Běžně se vyskytující výrazy a sousloví

acquired action alien ancestor antient appears assigned became becomes body bound brought called Chancery charged claim commit common condition consequence considered continues copy copyhold court covenant created crown curtesy custom death debts decreed deed demesnes descend determined devised died Donis dower effect entered entitled entry equity estate tail executors fealty fee simple feud feudal forfeiture freehold give given granted heirs held hold husband incident inheritance Inst intended interest issue issue in tail jointure kind king knight lands lease lessee limited lives lord Lord Coke manor marriage married nature necessary originally particular party payment performance person possession possibility reason remainder rent respect restrained reversion satisfaction says seised seisin settled socage statute taken tenant in tail tenements tenure term thereof thing timber trees trustees unless vassal waste widow wife woman

Oblíbené pasáže

Strana 279 - Tenant at will is, where lands or tenements are let by one man to another, to have and to hold to him at the will of the lessor, by force of which lease the lessee is in possession.

Objevuje se u 120 knih od 1794-2006.

Strana 419 - Keller his heirs and assigns. To the only proper use and behoof of the said David H. Keller his heirs and Assigns Forever And the said William H.

Objevuje se u 286 knih od 1805-2005.

Strana 462 - That where any conveyance shall be made of any lands or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law, or be transferred or extinguished by an act or operation of law, then and in every such case such trust or confidence shall be of the like force and effect as the same would have been if this statute had not been made; anything hereinbefore contained to the contrary notwithstanding.

Objevuje se u 159 knih od 1807-2006.

Strana 461 - June (1677) all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.

Objevuje se u 382 knih od 1807-2007.

Strana 435 - But in the case of a devise to A. and his heirs, to the use of B. for life, remainder to the first and other sons of B. in tail, there is no reason why the seisin of A.

Objevuje se u 83 knih od 1808-2006.

Strana 30 - Free services were such as were not unbecoming the character of a soldier or a freeman to perform; as to serve under his lord in the wars, to pay a sum of money, and the like. Base services were such as were fit only for peasants, or persons of a servile rank ; as to plough the lord's land, to make his hedges, to carry out his dung, or other mean employments.

Objevuje se u 53 knih od 1791-2006.

Strana 83 - As to the heirs of a man's body, by which only his lineal descendants were admitted, in exclusion of collateral heirs; or to the heirs male of his body, in exclusion both of collaterals, and lineal females also.

Objevuje se u 77 knih od 1791-2006.

Strana 377 - Tenants by Copy of Court Roll, according to the Custom of the Manor...

Objevuje se u 118 knih od 1794-2007.

Strana 126 - That if no Disposition by Will shall be made of any Estate pur autre vie of a Freehold Nature, the same shall be chargeable in the Hands of the Heir, if it shall come to him by reason of special Occupancy, as Assets by Descent, as in the Case of Freehold Land in...

Objevuje se u 139 knih od 1803-1994.

Strana 489 - ... to do, make and deliver execution unto the party in that behalf suing, of all such lands, tenements...

Objevuje se u 116 knih od 1763-1994.

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Název	A Digest of the Laws of England Respecting Real Property, Svazek 1 A Digest of the Laws of England Respecting Real Property, William Cruise
Autor	William Cruise
Vydání	2
Vydavatel	A. Strahan, 1818

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