An Essay on Uses (Google eBook)

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J. Butterworth, 1795 - Uses (Law) - 208 pages
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Page 43 - ... be from henceforth clearly deemed and adjudged to be in him or them that have, or hereafter shall have, such use, confidence or trust, after such quality, manner, form and condition as they had before, in or to the use, confidence or trust that was in them.
Page 58 - ... the use should arise was an estate for their lives, and the use could not make the estate larger than the limitation of the seisin ; but the judges conceived that there was a difference where an estate was limited to one and the use to a stranger, for there the use should not be more than the estate out of which It was derived ; but not when the limitation was to two, habendum to them, to the use of them and the heirs of their bodies, for this was no limitation of the use, nor was it executed...
Page 60 - And also saving to all and singular those persons, and to their heirs, which be, or hereafter shall be seised to any use, all such former right, title entry, interest, possession, rents, customs, services and action as they or any of them might have had to his or their own proper use, in or to any manors, lands, tenements, rents or hereditaments, whereof they be, or hereafter shall be seised to any other use...
Page 171 - Surrender to the Ufe of himfelf for Life, Remainder to his Wife for Life, Remainder to...
Page 40 - Sffr. to all intents, conftrnc"lions " and purpofes in the law of, and in fuch " like eftates as they had or fhall have " in ufe, truft or confidence, of or in the «
Page 202 - ... for 200 years, remainder to the use of the heirs male of his own body, remainder to his own right heirs, upon a case referred to the judges of...
Page 123 - ... said at the bar, that the declaration of uses is in the power of the tenant in tail, and that he may declare new uses, I take that not to be law; for such subsequent declaration of uses must be by all the parties concerned in interest; and in the case of the Countess of Rutland...
Page 68 - So if a man for money aliens and grants land to one and his heirs, or in tail, or for life, by deed indented and enrolled, it amounts to a bargain and sale, and the land shall pass without any liver}- and seisin.
Page 120 - Trinity term 1725, a recovery was fuffered, in which were the fame tenant to the pracipe, the fame demandant and vouchees (except Henry who was dead) as were covenanted to be by the firft deed. It was likewife fuffered within twelve months after the execution of the firft deed.
Page 167 - W. being seised in the fee by the Statute of Uses, A. would be able to divest that fee, and transfer it to himself upon performance of the condition. Others were of opinion, that the payment of the money and the entry of A. had no effect, without an entry by the feoffees, and then, qudcunque vid datd, the entry would be good, and A. would become seised according to the terms of the deed. To this it was added, that a Use might...

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