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

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A. Strahan, Law-Printer to the King, 1804 - Real property
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Contents

Grant of the next Presentation ibid
11
Escheat from Corruption of Blood
12
Is Assets 1
13
No Escheat where there is a Tenant
14
CHAP II
15
Presentation 5 Examination of the Clerk
16
Admission
18
Of Lapse
19
Who may present
21
To whom Lands Escheat
22
JointTenants
23
Coparceners ibid 35 Tenants in Common
25
Effect of Partition jbid 39 Mortgagor may nominate
26
And also a Bankrupt
28
May distrain for Rent
30
But not a Lunatic
31
Entitled to a Term to attend 33 And to all Charters
33
What Things escheat
34
A Trust does not escheat
40
Who are disabled from presenting ibid 51 Os Simony
42
Money to be laid out in Laud
43
TITLE XXII
52
Nicholas
58
Agistment
62
Hemp Flax c
63
Gardens
64
Of what Things mixed Tithes are due ibid 56 Of what Things personal Tithes are due
65
What Things are not titheable
66
Smallcombe
68
Of Lay Impropriations
69
Long Possession of a Portion of Tithes gives a Title
71
Of Exemptions from Tithes
73
Prescription de non decimando ibid 90 Whether good against a LayImpropriator
77
Nonpayment will support a Claim to a Portion of Tithes
82
Babington u Wood
83
Prescription de Modo Decimandi
89
Real Composition
90
Inclosure Acts
91
Stevens
95
Beamont Barony case of
106
Reeve
115
TITLE XXIV
121
Bemers Barony case of
126
TITLE XXV
132
How created
133
Offices incident to others
135
Bishops c may grant Offices
137
What Eslate may behad in Offices
141
Marston
142
Of Reversionary Grants
145
What Offices may be intaSed
147
What Offiees are subject to Curtesy and Dower
148
Some Offices may be held by Two Person
149
What Offices may be assigned
150
Who may hold an Office
152
How to be exercised j 54
154
Qualifications required for Offices
158
jj Of the Ofsence of buying Offices 1C0 89 What Bargains not within the Statute
163
Where Equity relieves
164
Acceptance of an incompatible Office 16S 108 Destruction of the Principal
169
TITLE XXVI
171
Names or Titles of Dignities
176
Of Dignities by Tenure
185
Of Dignities by Writ
193
The Person summoned must sit
194
What Proof necessary J95 54 Descendible to Females
198
An Earldom does not attract a Barony
236
A Dignity is forfeited by Attainder
238
Corruption of Blood
240
Restitution of Blood
241
Descent 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
I71 Attainder of One of Two Coheirs does not determine the Abeyance 260
260
Length of Time does not bar a Claim to a Dignity
274
TITLE XXVII
278
Court Leet ibid
279
Wreck
281
Estray
283
TreasureTrove
284
Royal Fish
285
Forfeitures ibid 29 Deodands
286
Fairs and Markets ibid 42 A Forest
290
A Free Chase
292
A Park
294
A Free Warren 395
296
A Free Fishery
297
Of the Title to Franchises
298
How Franchise may be destroyed
301
TITLE XXVIII
306
Of a RentSeek
309
Out of what a Rent may issue
311
Upon what Conveyances
313
How a RentCharge may be created
317
To whom Rents may be reserved
318
At what Time payable
324
When Rent goes to the Executor or to the Heir
326
Of Distress for Rent
329
Of Condition of Reentry
330
Clause of Entry
331
Right of Entry by Way of Use
332
Ejectment
333
Courts of Equity ibid 82 Actions of Debt and Covenant
334
CHAP II
335
Curtesy
338
68
340
Discharge of RentService
348
TITLE XXIX
367
First Canon Inheritances lineally descended
382
Cogge
385
A Descent may be deseated by the Birth of a nearer Heir
386
Exclusion of the ascending Line
387
Second Canon Males preserred to Females
389
Third Canon The eldest Male succeeds ibid 30 Fourth Canon Right of Representation
391
Fifth Canon Collateral Descents
393
The Heir must be descended from the First Purchaser ibid 41 Descents exports paierna et materna 39c 43 What Acts will alter the Descent
396
D
401
Rule of Collateral Descents 4c si 60 Sixth Canon Exclusion of the HalfBlood
407
What Seisin is necessary
408
Trusts descend to the Whole Blood
418
Advowsons Tithes c ibid 84 Seventh Canon The Male Stocks preferred
419
Mode of tracing an Heir at Law
420
Observations on Blachjlones DoBrine of Dfcents
424
CHAP IV
461
A Right to a Remainder does not exclude the Half Blood
465
An Act of Ownership operates as a Seisin
467
CHAP V
472
TITLE XXXI
523
Negative Prescription 4 Statutes of Limitation r 5 As to Writs of Right 7 As to prescriptive Rights 8 As to Avowries 10 As to Writs of Formedon 12 ...
538

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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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