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" Of fee simple, it is commonly holden that there be three kinds, viz., fee simple absolute, fee simple conditional, and fee simple qualified, or a base fee. But the more genuine and apt division were to divide fee, that is, inheritance, into three parts,... "
The First Part of the Institutes of the Laws of England, Or, A Commentary ... - Page ccxix
by Sir Edward Coke - 1999 - 1598 pages
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An Introduction to the Law of Tenures ...

Sir Martin Wright - Land tenure - 1750 - 234 pages
...particular Heirs, and defcendible to K 4 the (d) Thus according to the Lord Coke (i Inf. i. b.) the Word Simple properly excludeth both Conditions and Limitations, that defeat or abridge the Fee. And according to Fleta, Simplex Donafio £3° pura (ft, ubi nulla adjtft,a eft (c) kit Sea. i. itia...
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A Digest of the Laws of England Respecting Real Property

William Cruise - Real property - 1804 - 632 pages
...into three parts, viz. fimple or abfolute, conditional, and qualified or bafe. For this word fimple properly excludeth both conditions and limitations, *' that defeat or abridge the fee." c< (.(. § 68. The nature of an eftate in fee-fimple abfolute, has been already ftated. But where an...
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A Digest of the Laws of England Respecting Real Property, Volume 1

William Cruise - Real property - 1818 - 636 pages
...three kinds, viz. fee simple absolute, fee simple conditional, and fee simple qualified, or base fee. But the more genuine and apt division were, to divide...inheritance, into three parts ; viz. simple or absolute, conditional, and qua* lified, or base. For this word simple properly ex-. dudeth both conditions and...
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A Digest of the Laws of England Respecting Real Property, Volume 1

William Cruise - Real property - 1818 - 598 pages
...were, to divide' fee, that is inheritance, into three parts ; viz. simple or absolute, conditional, and qualified, or base. For this word simple properly...conditions and limitations that defeat or abridge the fee." 82. The nature of an estate in fee simple absolute has been already explained. But where an estate...
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An Elementary Treatise on Estates: With Preliminary Observation of ..., Volume 1

Richard Preston - Estates (Law) - 1820 - 554 pages
...absolute, fee-simple conditional, and fee-simple qualified, or a base fee ; and has observed, that the more genuine and apt division, were to divide...that is, inheritance, into three parts ; viz. simple, absolute, conditional and qualified, or base ; for this word, simple, properly excludeth both conditions...
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A Digest of the Laws of England Respecting Real Property, Volume 1

William Cruise - Law reports, digests, etc - 1824 - 612 pages
...simple or absolute, conditional, and qualified or • . Title I. Estate in Fee Simple, s. 75—80. 73 base: for this word simple properly excludeth both...conditions and limitations that defeat or abridge the fee." 76. The nature of an estate in fee simple absolute has been already explained. But where an estate,...
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A Digest of the Laws of England Respecting Real Property, Volumes 1-2

William Cruise - Real property - 1827 - 788 pages
...conditional, and fee simple qualified, or base fee. But the more Plowd. 557. genuine and apt division was, to divide fee, that is inheritance, into three parts ; viz. simple or absolute, conditional, and qualified, or base. For this word simple properly excludeth *both * Yd conditions...
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A Readable Edition of Coke Upon Littleton

Sir Edward Coke, Sir Thomas Littleton, Thomas Coventry - Land tenure - 1830 - 716 pages
...be three kinds, viz. fee-simple absolute, fee-simple conditional, and fee-simple qualified or base. But the more genuine and apt division were to divide...inheritance, into three parts, viz. simple or absolute, conditional, and qualified or base ; for this word (simple) properly excludes both conditions and limitations...
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Commentaries on the Laws of England: In Four Books ; with an ..., Volume 2

William Blackstone - Law - 1836 - 852 pages
...were to divide fee (that is, inheritance) into three parts, tJ2. simple or absolute ; conditional; and qualified, or base. For, this word simple, properly...conditions and limitations that defeat or abridge the fee." But, the same authority very soon informs us, (in 1 Instit. 19 a,) that " here" (that is,in the 13th...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 12

William Johnson - Law reports, digests, etc - 1853 - 488 pages
...more apt division of a fee is into fee simple or absolute, conditional, and qualified or base. For the word simple properly excludeth both conditions and limitations that defeat or abridge the fee. It would be a very strained construction of the act of 1782, to say it only converted feetails into...
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