A Treatise on Copyhold, Customary Freehold & Ancient Demesne Tenure: With the Jurisdiction of Courts Baron and Courts Leet

Front Cover
Butterworths, 1867 - Copyhold - 579 pages
0 Reviews
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Customary Curtesy
63
THE LORD OF THE MANOR
69
Reference to the Case of Doe Whitaker on the Effect of a Grant
83
The Office and Power of the Steward
90
Of the Deputy and SubDeputy Steward
98
Whether it can be made by Attorney
104
Whether a Copyholder may not insist on having distinct Tenements
116
Of the Construction of Copyhold Surrenders
122
Observation as to Estates limited to commence in futcro and of
129
The revocable Nature of a Surrender
135
SURRENDER TO WILL
141
How it should have been framed with reference to a previous Devise
146
CHAPTER V
152
The Case of Rose Bartlett and other Authorities supporting
158
The Effect of the Charge of an Annuity or of Debts or Legacies
162
When afterpurchased Lands would have passed
168
Dying without Issue and without leaving Issue equally import
174
When a Devise on Condition to pay a certain Sam is a Limitation
175
Implied Revocations by Marriage and Birth of a Child c
181
CHAPTER
190
How to be enforced against CoHeiresses one of them being a Feme
196
The Execution of a Power of Appointment should not be assumed
197
Joint tenants
203
The Case of Insolvents
210
CHAPTER VII
216
Explanation of the Term sesqui 221
222
The Case of Wilson v Hoare on the same Point
223
The Case of The Dean and Chapter of Ely v Caldecot
232
A Surrender to Will was not supplied in Favor of a Feme covert
234
Mode of Assessment
239
Reference to 9 10 Vict c 95 s 14 empowering Lords of Manors
243
Suit of Court
245
Reliefs
251
Is a Badge of the feudal System 251
252
CHAPTER XIV
337
By Jointtenants
343
By the new Rules of Court a Rule for Inspection is absolute in
350
General Rules of Evidence as to Copies of Entries Seisin parol Tes
351
Reference to 6 7 Vict c 85 for improving the Law of Evidence 355
361
When a Copyholder must prescribe in respect of Commons in
367
And by immemorial Usage the Lord may dig Pits c to the Pre
373
What Copyholders can prescribe against the Lord
374
Rights of Common and Turbary cannot be legally claimed in respect
379
Is not granted to compel a mere ministerial Officer to do his Duty
381
The Applicant must show a colourable Title
387
When the Tenants are dispunishable of Waste the Courts will inter
390
Courts adopt the Principle of the Statutes of Limitation
396
Copyhold Interest is for ever extinguished by any Act indicating
397
Doctrine of Extinguishment dissimilar to Merger ib
403
Whether an Enfranchisement is produced by a Release of all seig
405
CHAPTER XVIII
413
Reference to the Custom in the Barony of Oilsland
419
Three Sorts of Tenants in Ancient Demesne
425
Of Fines and Recoveries now abolished
431
Equity cannot stay Proceedings on a Mandamus
433
Origin and Nature of the Court Baron
435
Possessions of Land previously were allodial ib
441
Of Amercements
447
Of ByLaws
450
CHAPTER XXI
484
Mandamus to enforce a Court
490
How to be enforced against the Lord
512
A Right of Common is extinguished by Enfranchisement but
531
Presentment of Forfeiture
543
The Possibility of Issue and not the Event constitutes a Tenancy
547
Such an Allotment gave a Right to Vote even before 2 Will
555
Since the Statute of Quia Emptores the Services rendered by
567

Other editions - View all

Common terms and phrases

Popular passages

Page 343 - ... then such person, or the person claiming through him, may, notwithstanding the period of twenty years hereinbefore limited shall have expired, make an entry or distress, or bring an action to recover such land or rent...
Page 582 - STEPHEN'S NEW COMMENTARIES ON THE LAWS OF ENGLAND, partly founded on Blackstone.
Page 278 - A third rule respecting remainders is this : that the remainder must vest in the grantee during the continuance of the particular estate, or eo instanti that it determines.
Page 2 - I, c. 1, which directs, that, upon all sales or feoffments of land, the feoffee shall hold the same, not of his immediate feoffor, but of the chief lord of the fee, of whom such feoffor himself held it.
Page 409 - Tenure whatever, for the unexpired Residue, whatever it may be of any Term originally created for a Period of not less than...
Page 33 - Coke observes, although very meanly descended, yet come of an ancient house ; for, from what has been premised, it appears, that copyholders are in truth no other but villeins, who, by a long series of immemorial encroachments on the lord, have at last established a customary right to those estates, which before were held absolutely at the lord's will.
Page 248 - December, 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 lime at which the right to make such entry or distress, or to bring such action, shall have first accrued to some person through whom he claims...
Page 172 - ... his issue, unless a contrary intention shall appear by the will, by reason of such person having a prior estate tail, or of a preceding gift being, without any implication arising from such words, a limitation of an estate tail to such person or issue, or otherwise: Provided, that this act shall not extend to cases where such words as aforesaid import if no issue described in a preceding gift shall be born, or if there shall be no issue who shall live to attain the age or otherwise answer the...
Page 42 - ... it shall go to the executor or administrator of the party that had the estate thereof by virtue of the grant...
Page 343 - ... mentioned, or by any person claiming through him, but within forty years next after the time at which such right shall have first accrued, although the person under disability at such time may have remained under one or more of such disabilities during the whole...

Bibliographic information