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The First Part of the Institutes of the Laws of England, Or, a Commentary ...
Edward Coke, Sir
No preview available - 2015
The First Part of the Institutes of the Laws of England, Or, A Commentary ...
No preview available - 1999
action adjudged advowson albeit alien ancient appeareth assise attainted attornment bishop Bract Bracton Britton Chapter cited Coke's common law copyhold court curtesy custome daughter deed descent devise dieth disseisin distrained divers doth dower dyeth Eliz entry escheat escuage estate taile executors father fealty fee simple fee taile feoffee feoffment feoffor Fleta freehold grant guardian hath issue heirs male hold holden holdeth homage husband ibid infant inheritance Inst judgment jury king king's knights service lands or tenements lease lessee lessor Littleton livery lord Coke maketh manner manor marriage parliament party person plaintife plead purchase quia quod reason remainder rent charge rent service reversion saith seigniory seised seisin socage sonne statute tenant in tail tenure Vide Sect villeine villenage wardship warranty waste whereof wife words writ writ of right
Page 3 - All the whole heavens are the Lord's : The earth hath he given to the children of men.
Page 19 - TENANT by the curtesy of England is where a man taketh a wife seised in fee simple, or in fee tail general, or seised as heir in tail especial, and hath issue by the same wife, male or female born alive, albeit the issue after dieth or liveth, yet if the wife dies, the husband shall hold the land during his life by the law of England.
Page ccxxvi - If a man be baptized by the name of Thomas, and after at his confirmation by the bishop he is named John, he may purchase by the name of his confirmation. And this was the case of Sir Francis...
Page 11 - Butler was quoted as laying down that 'whenever a devise gives to the heir the same estate in quality as he would have by descent, he shall take by the latter, which is the title most favoured by the law.' The Court held that this rule did not favour the claim, since an estate by devise differed from one by descent in this very quality, that the bequest was intended for the sole and exclusive use of the devisee, and therefore shut out all rights that would otherwise arise by implication of law. JDM...
Page xxxvi - the most perfect and absolute work that ever was written in any human science...
Page ccxix - Of fee simple, it is commonly holden that there be three kinds, viz., fee simple absolute, fee simple conditional, and fee simple qualified, or a base fee. But the more genuine and apt division were to divide fee, that is, inheritance, into three parts, viz., simple or absolute, conditional, and qualified or base. For this word (simple) properly excludeth both conditions and limitations that defeat or abridge the fee.
Page 1 - Also purchase is called the possession of lands or tenements that a man hath by his deed or agreement, unto •which possession he cometh not by title of descent from any of his ancestors, or of his cousins, but by his own deed.
Page 21 - For in every gift in tail without more saying the reversion of the fee simple is in the donor. And the donees and their issue shall do to the donor and to his heirs the like services as the donor doth to his lord next paramount...
Page xlii - Albeit the student shall not at any one day, do " what he can, reach to the full meaning of all that is here " laid down, yet let him no way discourage himself but " proceed : for on some other day, in some other place," (or perhaps upon a second perusal of the same,) " his doubts
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