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

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Saunders and Benning, 1835
 

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In Gross
19
And Ţenants by Statute Merchant 38 And Bankrupts
20
Who are disabled from presenting
21
Lunatics
22
Examination of the Clerk 52 Of Simony
23
Page
25
Procuring a Presentation for Money 63 Sale of a Presentation during a Vacancy 69 Sale of the next Presentation good 72 Exception
28
Resignation
29
Bonds of Resignation
34
TITLE XXII
37
Hay
39
Underwood
42
Hemp Flax and Madder 32 Hops 33 Turnips
43
Garden Plants
44
Mixed Tithes 45 Personal Tithes
45
What things are not Titheable 52 To wbom Tithes are Payable 53 Rectors or Parsons 54 Vicars
46
Portionists
47
The King 61 Lords of Manors
48
Lay Impropriators 67 What Estate they may have 70 Of Exemptions from Tithes
49
A Real Composition 75 II Prescription de modo decimandi
50
Stinted Commons 24 Common of Estovers 31 Common of Turbary 35 Common of Piscary 36 Common annexed to Copyholds 41 A Right to Comm...
65
By Unity of Possession 91 III By Severance
81
TITLE XXIV
85
TITLE XXV
92
What Estate may be had in an Office
98
What Offices may be granted to two Persons 39 What Offices may be granted in Reversion
100
What Offices may be entailed
102
When subject to Curtesy and Dower id
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
128
Dignities by Charter
134
By Letters Patent
135
By Writ id
136
Are Hereditary
138
Writs to the eldest Sons of Peers
141
Sect Page 89 By Marriage
143
CHAP II
145
An Earldom does not attract a Barony
155
Dignities forfeited by attainder for Treason
156
But those in Remainder not affected
157
By Letters Patent id
158
Except Dignities in tail id
159
VOL III
174
Does not extend to entailed Dignities 56 Restitution of Blood
182
A Dignity formerly lost by Poverty
183
Not within the Statutes of Limitation
184
CHAP III
186
The Half Blood may inherit
188
Abeyance of Dignities
189
The Crown may terminate the Abeyance
191
Modes of terminating an Abeyance
192
Cases of Claims to a Coheirship
193
Where only one Heir the Abeyance terminates 195
195
Cases of Claims by a surviving Heir 46 Attainder of one of two Coheirs does not determine the Abeyance
200
Descent of Baronies created by Writs to the eldest sons of Peers
210
Is the same as that of the ancient Barony
214
Descent of Dignities created by Letters Patent 218
218
TITLE XXVII
244
A Chase
246
A Park
247
A Free Warren
248
A Manor
251
Rights of the Lord as to Game
252
A Court Leet
258
Wreck
259
Rent Charge
273
Rent Seck
274
What gives Seisin of a Rent 16 Out of what a Rent may be reserved
275
Upon what Conveyances
276
To what Persons
277
At what time Payable
281
When it goes to the Executor and when to the Heir
283
Remedies for Recovery of Rents
285
Clause of Reentry
286
Right of Entry by way of Use
287
Actions of Debt and Covenant
288
CHAP II
289
CHAP III
297
Discharge of Rent Charge
300
Apportionment of Rent Charge
302
Apportionment of Rent Service at Law
303
By the Statute 11 Geo II
306
TITLE XXIX
311
Possession
312
Right of possession
313
Right of Property
314
Remitter 314 315
316
CHAP II
318
id
323
The 331 332 CHAP III
327
The Ancestor must die seised
328
Exceptions to this Rule
329
Explanation of the First Canon 11 A Descent may be defeated by the Birth of a nearer Heir
330
Exclusion of the ascending Line 20 II CanonMales preferred to Females
331
CanonThe eldest Male succeeds
332
But Females equally 26 IV CanonRight of Representation
334
CanonCollateral Descents 32 The Heir must be of the Blood of the first Purchaser 37 Descents er parte Paterna et Materná 38 What Acts will alter the...
340
Canonproximity 54 Exclusion of the Half Blood 58 What Seisin necessary to exclude 69 Trust Estates are within this Rule
350
And Advowsons Tithes c
351
Observations on Blackstones doctrine of descent
354
id
375
Sect Page 1 Go to the Heirs of the Person in whom they first vested
378
A Right to a Remainder goes to the Half Blood
380
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
392
TITLE XXX
396
Escheat
397
For Default of Heirs
398
For Corruption of Blood id
399
Any Alienation prevents an Escheat
400
What things Escheat
401
A trust Estate does not Escheat
402
Nor an Equity of Redemption
415
340
416
Entitled to a Term to attend id
417
Is subject to Incumbrances id
419
PRESCRIPTION CHAP I
420
Prescription by immemorial Usage
422
What may be claimed by id
425
And have a continued Usage
426
And be certain and reasonable id
428
Descent of Prescriptive Estates
429
CHAP II
430
As to Entry on Lands
434
id
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 COTS
457
Nullum Tempus Act id
458

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Strana 432 - Dec. 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 to bring such action, shall have first accrued...
Strana 466 - ... deemed to have accrued only as against such purchaser and any person claiming through him. And that in every case of a concealed fraud, the right of any person to bring a suit in equity for the recovery of any land or rent, of which he, or any person through whom he claims, may have been deprived by such fraud, shall be deemed to have first accrued at, and not before, the time at which such fraud shall or with reasonable diligence might have been first known or discovered.
Strana 433 - ... in such possession or receipt, then such right shall be deemed to have first accrued at the time of such death ; and when the person claiming such land or rent shall claim in respect of an estate or interest in possession...
Strana 433 - ... shall be deemed to have first accrued at the time of such dispossession, or discontinuance of possession, or at the last time at which any such profits or rent were or was so received.
Strana 230 - ... jury is, whether the husband was the father of such child; and the evidence to prove that he was not the father must be of such facts and circumstances as are sufficient to prove, to the satisfaction of...
Strana 445 - Provided always, and be it further enacted, 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...
Strana 146 - 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!
Strana 450 - Twenty years hereinbefore limited shall have expired, make an entry or distress or bring an action to recover such land or rent at any time within Ten years next after the time at which the person to whom such right shall first have accrued as aforesaid shall have ceased to be under any such disability, or shall have died (which shall have first happened).
Strana 90 - 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.
Strana 450 - ... right to make an entry or distress or to bring an action to recover any land or rent...

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