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

William Cruise, Henry Hopley White

Saunders and Benning, 1835

Зміст

• OF THE THIRD VOLUME TITLE XXI: 1
• Common of Pasture: 2
• Appendant: 3
• Page 14: 4
• Institution: 5
• Appurtenant: 10
• Induction 10 Of Lapse: 11
• Because of Vicinage: 15
• 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
• Sect Page 89 By Marriage 143 89 By Marriage: 89
• On whom Dignities may be conferred: 90
• 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
• Dignities are Real Property: 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 59 Wreck: 259
• Estray: 260
• 61: 261
• A Hundred: 264
• How Franchises may be claimed: 266
• How they may be lost: 267
• Misuser or Abuser: 268
• TITLE XXVIII: 271
• Rent Service: 272
• 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

Популярні уривки

Сторінка 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...

Сторінка 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.

Сторінка 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...

Сторінка 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.

Сторінка 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...

Сторінка 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...

Сторінка 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!

Сторінка 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).

Сторінка 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.

Сторінка 450 - ... right to make an entry or distress or to bring an action to recover any land or rent...

Бібліографічна інформація

• Назва: A Digest of the Laws of England Respecting Real Property, Том 1; Випуски 19634 – 19671 з серії 19th-century legal treatises; A Digest of the Laws of England Respecting Real Property, Henry Hopley White
• Автори: William Cruise, Henry Hopley White
• Редактор: Henry Hopley White
• Видання: 4
• Видавець: Saunders and Benning, 1835
• Оригінал із: Оксфордський університет
• Оцифровано: 21 вер. 2006