A Digest of the Laws, of England Respecting Real Property, Volume 3

Front Cover
A. Strahan, 1804 - Real property
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Contents

Coparceners ibid 35 Tenants in Common
25
Effect of Partition ibid 39 Mortgagor may nominate
26
And alſo a Bankrupt
28
But not a Lunatic
31
Who are diſabled from preſenting ibid 51 Of Simony
32
Of void Prescriptions ibid
34
a 2
43
TITLE XXII
52
Different Kinds
54
Of what Things Predial Tithes are due
57
Agiftment
62
Hemp Flax c
63
Gardens
64
Of what Things perfonal Tithes are due
65
What Things are not titheable
66
Of Lay Impropriations
69
Long Poffeffion of a Portion of Tithes gives a Title
71
Of Exemptions from Tithes
73
Whether good againſt a LayImpropriator
77
Nonpayment will fupport a Claim to a Portion of Tithes
82
Preſcription de Modo Decimandi
89
Real Compofition
90
Incloſure Acts
91
Appurtenant
95
Becauſe of Vicinage
96
In Grofs
97
Stinted Common
98
Common of Eftovers
99
Common of Turbary 34 Common of Piſcary
101
Apportionment of Common 38 Rights of the Lord
102
Rights of the Commoners 51 Approvement of Common 71 Incloſure of Common 75 Extinguiſhment of Common
106
By Releaſe
114
By Enfranchiſement of Copyhold
118
TITLE XXIV
121
Nature of a Way WAYS
128
How created 8 Offices incident to others 11 How granted 16 Bishops c may grant Offices 21 What Eflate may be had in Offices 35 Of Reverfionary ...
132
DIGNITIES Page
133
135
137
ibid 93
164
94
165
96
166
99
167
ibid 106
169
Origin of Dignities
171
Names or Titles of Dignities
176
ibid 113
188
Of Dignities by Tenure 48 Of Dignities by Writ
193
The Perfon fummoned muft
194
What Proof neceffary
195
Defcendible to Females
198
Of Writs to the eldest Sons of Peers
206
Of Dignities by Letters Patent
215
A Dignity need not be of any Place
219
Dignities by Marriage
220
Whether a Dignity may be refuſed
221
106 No Curtefy of a Dignity
227
114
230
ibid ibid 117 119
232
121
233
123
234
125
235
An Earldom does not attract a Barony
236
A Dignity is forfeited by Attainder
238
Corruption of Blood
240
139
241
Defcent of Dignities
244
Abeyance of Dignities
245
The King may terminate the Abeyance
249
Effect of a Writ of Summons to One of the Heirs of a Coheir
253
Where only One Heir the Abeyance terminates
254
What Eflate may be had in a Dignity 171
260
Length of Time does not bar a Claim to a Dignity
274
176
276
TITLE XXVII
278
Franchiſes annexed to Manors
279
A Park
294
A Free Warren
296
68
297
68 A Free Fishery 72 Of the Title to Franchiſes
298
C
301
ibid
302
TITLE XXVIII
306
a 3
309
193
314
Claufe of Entry
331
Right of Entry by Way of Uſe
332
Courts of Equity
333
Actions of Debt and Covenant
334
CHAP II
335
14 Dower
339
Within the Statute of Ufes
341
May be granted in Remainder
343
May commence in futuro
344
May ceafe for a Time
345
A Rent cannot be deveſted ibid 36 How a Rent may be forfeited
346
CHAP III
348
Diſcharge of a RentCharge
353
Apportionment of a RentCharge
357
Statute 11 Geo 2 for apportioning of Rent
362
TITLE XXIX
367
Definition of a Title
368
Poffeffion ibid 4 Right of Poffeffion
369
Right of Property ibid 9 Difcontinuance of an Eſtate Tail
370
CHAP II
372
Of Confanguinity
373
Who may be Heirs
374
And naturalborn fubjects
375
A Title may be derived through an Alien
377
Perfons attainted incapable of inheriting
378
CHAP
382
222
395
f1c6
396
CHAP IV
461
CHAP V
472
Borough Engliſh
476
Defcent of Copyholds
479
TITLE XXX
489
Of Efcheat
490
Efcheat for Default of Heirs
492
Efcheat from Corruption of Blood ibid 14 No Efcheat where there is a Tenant
493
Any Alienation prevents an Efcheat
495
To whom Lands Efcheat
496
The Lord by Efcheat is fubject to Incumbrances ibid 25 Was not bound to execute a Ufe
497
Whether fubject to a Truſt ibid 30 May diftrain for Rent
498
Entitled to a Term to attend ibid 33 And to all Charters c
499
What Things efcheat ibid 40 A Truft does not efcheat
500
Nor an Equity of Redemption
521
Money to be laid out in Land
522
TITLE XXXI
523
Origin of Preſcription
524
Preſcription by immemorial Ufage
525
Preſcription in the Perfon and in the Eftate
526
Defcent
531
And have a continued Ufage
532
Muft
533
How a Preſcription may be loft
536
Defcent of Eftates acquired by Preſcription
537
CHAP II
538
As to preſcriptive Rights
540
As to Avowries ibid 10 As to Writs of Formedon
541
As to Entry upon Lands and Ejectments ibid 21 The Entry muſt be on the Land
550
And followed by an Action
551
There must be an adverſe Poffeffion
554
To what Perfons and Eſtates theſe Statutes extend
557
Nullum Tempus A
558
What Perſons and Eſtates are not within the Statutes
560
Advowfons
561
Fealty c
563
Bonds Debts c ibid 49 Savings in the Statutes of Limitations ibid 53 Where Equity adopts the Doctrine of Limitations
564

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Page 368 - But in the mean time till some act be done by the rightful owner to devest this possession and assert his title, such actual possession is, prima facie, evidence of a legal title in the possessor ; and it may by length of time, and negligence of him who hath the right, by degrees ripen into a perfect and indefeasible title.
Page 402 - died. John the younger suffered a com" mon recovery to the use of himself for life, " remainder to his wife for life, remainder " to the heirs male of their two bodies, " remainder to the use of the will of John
Page 132 - 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.
Page 127 - By the law of the twelve tables at Rome, where a man had the right. of way over another's land, and the road was out of repair, he who had the right of way might go over any part of the land he pleased; which was the established rule in public as well as private ways.
Page 226 - 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!
Page 406 - that he who would have been heir to the father of the deceased" (and, of course to the mother, or any other real or...
Page 282 - ... cast are so heavy that they sink to the bottom, and the mariners, to the intent to have them again, tie to them a buoy, or cork, or such other thing that will not sink, so that they may find them again, & dicitur lig.
Page 362 - ... if such tenant for life die on the day on which the same was made payable, the whole, or if before such day then a proportion, of such rent, according to the time such tenant for life lived of the last year or quarter of a year or other time in which the said rent was growing due as aforesaid, making all just allowances, or a proportionable part thereof respectively...
Page 128 - The question is upon the grant of this way. Now, it is not laid to be a grant of a way, generally, over the land, but of a precise specific way. The grantor says, You may go in this particular line, but I do not give you a right to go either on the right or left. I entirely agree with my Brother Walker, that, by common law, he who has the use of a thing ought to repair it.
Page 25 - ... of his or her separate part of the advowson to present in his or her turn ; as if there be two, and they make such partition, each shall be said to be seised, the one of the one moiety to present in the first turn, the other of the other moiety to present in the second turn...

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