A Treatise of the Law of Descents (Google eBook)

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J. Butterworth and son, 1825 - Inheritance and succession - 420 pages
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Page 326 - ... of the value of the lands, tenements, or hereditaments so descended, and thereupon judgment shall be given, and execution shall be awarded as aforesaid; but if judgment be given against such heir by confession of the action, without confessing the assets descended, or upon demurrer, or nihil dicit, it shall be for the debt and damages, without any writ to enquire of the lands, tenements, or hereditaments so descended.
Page 45 - And, last, that in collateral inheritances the male stocks shall be preferred to the female ; (that is,, kindred derived from the blood of the male ancestors, however remote, shall be admitted before those from the blood of the female, however near,) unless where the lands have, in fact, descended from a female.
Page 50 - ... to all intents, constructions and purposes in the law, of and in such like estates as they had or shall have in use, trust or confidence of or in the same...
Page 81 - The lineal descendants, in infinitum, of any person deceased shall represent their ancestor ; that is, shall stand in the same place as the person himself would have done had he been living.
Page 44 - On failure of lineal descendants, or issue, of the person last seised, the inheritance shall descend to his collateral relations, being of the blood of the first purchaser; subject to the three preceding rules.
Page 122 - VII. The seventh and last rule or canon is, that in collateral inheritances the male stocks shall be preferred to the female (that is, kindred derived from the blood of the male ancestors, however remote, shall be admitted before those from the blood of the female however near) , unless where the lands have, in fact, descended from a female.
Page 189 - An incorporeal hereditament is a right issuing out of a thing corporate (whether real or personal) or concerning, or annexed to, or exercisable within the same. It is not the thing corporate itself, which may consist in lands, houses, jewels, or the like ; but something collateral thereto, as a rent issuing out of those lands or houses, or an office relating to those jewels.
Page 5 - It is a rule in law, when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail; that always in such cases, 'the heirs' are words of limitation of the estate, and not words of purchase.
Page 49 - ... or other notorious possession, was admitted as equivalent to the formal grant of seisin, and made the tenant capable of transmitting his estate by descent. The seisin therefore of any person, thus understood, makes him the root or stock, from which all future inheritance by right of blood must be derived : which is very briefly expressed in this maxim, seisinafacit stipitem (r).
Page 270 - ... the mortgagee shall reconvey the estate to the mortgagor in this case, the land, which is so put in pledge, is by law...

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