A Digest of the Laws of England Respecting Real Property, Volume 5

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J. Butterworth, 1824 - Real property
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Contents

Sect Page 25 How Kings Grants are construed
44
What passes by general Words
45
Where the King is deceived
48
Exceptions
49
TITLE XXXV
55
Origin of Fines
56
tion
60
When first introduced
61
CHAP II
62
Original Writ
65
Licentia concordandi
67
Rules of Court and Statutes on this Subject
70
Concord
72
Similar to a Judgment
75
Note
77
Foot or Chirograph id
78
No Averment against the Record of a Fine
80
Exception
82
Motions to prevent Fines from passing
83
Felony to acknowledge a Fine in the Name of another
84
When a Fine is completed id
85
Proclamations
86
CHAP III
89
Sur Concessit
93
Sur Done Grant and Render
94
CHAP IV
97
Court of Common Pleas
98
Court of the County of Lancaster
99
Court of the County of Chester
100
Court of the City of Chester id
101
Courts of Great Sessions in Wales id
102
Courts of ancient Demesne id
103
Who may take the Acknowledgment of Fines
104
Chief Justice of the Common Pleas id
110
Justices of Wales
113
CHAP V
114
The Queen
115
Joint Tenants Coparceners and Tenants in Common
118
Exceptions
126
Aliens
127
Infants
128
Except Infant Trustees J 29
132
Sect Page 1 Every species of Real Property
133
Tithes
134
New River Shares
135
Amendment of Fines
139
Original Writ
140
Proclamations
142
13 Description of the Property
143
Names of the Parties not amended
146
A Fine of one Term will not be altered to another
147
CHAP VIII
148
Statute de Modo levandi Fines
151
Statute de Finibus levatis
153
CHAP IX
155
Statute of 4 Hen VII id
157
Effect of these Statutes in barring Estates Tail
158
The lineal Heirs of the Cognizor are barred
159
Though he was never in Possession
160
Or had only a possibility of an Estate Tail
162
The collateral Heirs are also barred
164
Except where they are not Privies
165
A Fine bars an Entail before Proclamations
170
Does not bar Remainders c
172
But lets in the Reversion id
173
The Right of levying a Fine cannot be restrained
174
Parties
175
Married Women
177
As to Dower and Jointure
178
Effect of a Covenant that a Married Woman shall levy a Fine
181
Devisees
182
Terms for Years
185
Copyholds
187
Estates held by Statute Merchant c
188
Powers appendant and in gross id
190
A Right of Entry
192
Writs of Error
193
Second Saving
194
Married Women within this Saving
205
And Bishops Deans c
206
And Strangers having different Rights
207
Third Saving
210
Exceptions in favour of Infants c id
215
Or where the Possession is not adverse
236
A Rent Right of Way or Common
238
Estates in Dower and Jointures
240
Estates held Jure Uxoris
241
Estates Tail of the Gift of the Crown for Services id
242
CHAP XIV
243
Against whom
246
Must be brought within twenty years
249
How it may be barred 30 Writ of Deceit
250
Writ of false Judgment 36 Motion Page 247 248 249 id 250 252 id
252
Modes of avoiding the effects of a Fine 39 Real Action 43 Actual Entry
253
Who may make it 55 Must be followed by an Action 56 Plea that the Parties had no Estate
258
Averment of Fraud 71 Courts of Equity
264
id
269
TITLE XXXVI
282
Origin of Recoveries 9 Manner of Suffering
283
Writ of Entry
288
7 Construed favourably
289
Tenant to the Praecipe who must have the Freehold
290
Before the Judgment
295
Or within the Term
296
Leases for Lives need not be Surrendered
298
But Persons having a prior Estate for Life must Join
299
A Surrender sometimes presumed
300
How a Tenant to the Praecipe may be made
309
Though no Case be declared
310
Husband seised jure uxoris may make a Tenant
312
the Praecipe
313
Grant
333
A Recovery sometimes good without a Tenant to the Praecipe
334
CHAP III
335
Writ of Summoneas ad warrant izandum
342
Judgment
344
Relates to the Return Day of the Writ
346
Unless it be a Sunday
355
Execution
360
May be had against the Heir
361
All the Proceedings may be Enrolled
364
i
366
Sect Page 1 Who may Suffer a Recovery
376
Infants
378
ExceptionInfant Trustees
380
Idiots and Lunatics
381
Who may take by Recovery
382
Writ of Entry
383
Description of the Estates
384
Judgment
386
CHAP VII
388
Effect of a Recovery in barring particular Persons Estates and Interests Sect Paye 2 Parties
417
Contingent Remainders
430
Writs of Error to Reverse Fines
431
CHAP IX
432
Does not alter the Descent
436
Exception
439
CHAP X
446
Estates in Dower and Jointures
447
Estates held jure uxoris
453
Estates Tail granted by the Crown for Services
454
Reversions Vested in the Crown
464
Estates held by Elegit
465
What may be assigned for error id
466
Must be brought within twenty years
483
How barred
484
Writ of False Judgment
486
A Recovery may be falsified
489
By a Tenant for Years
490
TITLE XXXVII
494
What Estate may be Surrendered
500
Presentment
501
Who may Admit J 50 The Admittance must be according to the Surrender id
505
The Admittance relates back to the Surrender
506
60 Surrenders by way of Mortgage
512
A Surrender and Resurrender alter the Descent M4 76 Construction of Surrenders
517
CHAP II
525
How Entails of Copyholds may be barred and Effect of Re lease 2 Forfeiture and Regrant
527
Does not Alter the Descent
530
Surrender
531
A Custom to bar by Surrender pr Recovery is good
532
A Grant of the Freehold destroys an Estate Tail
535
How an Equitable Entail may be barred
537
How Conditional Fees are barred
538
Effect of Releases
539

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Page 478 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 24 - And be it further enacted, that this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded.
Page 11 - Philip the son for life, remainder to trustees to preserve contingent remainders, remainder to his first and other sons in tail male, remainder to the...
Page 232 - ... shall be utterly void and of none effect, to all intents, constructions and purposes ; any law, custom, or usage to the contrary anyways notwithstanding.
Page 327 - Seisin is a technical term to denote the completion of that investiture by which the tenant was admitted into the tenure, and without which no freehold could be constituted or pass.
Page 105 - Scavengers and to Displace all or any of them and to put others in their rooms and to add to or Diminish...
Page 37 - Corpus, according to the true intent and meaning of this act, may be directed and run into any county palatine, the cinque ports, or other privileged places within the kingdom of England, dominion of Wales, or town of Berwick-upon-Tweed, and the Islands of Jersey or Guernsey ; any law or usage to the contrary notwithstanding.
Page 24 - Saving always to the king's most excellent Majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate...
Page 327 - When the lord consented, the only form of conveyance was by feoffment publicly made, coram paribus curies, with the lord's concurrence. Homage, or fealty, was solemnly sworn ; and suit of court and services were frequently done. The freeholder represented the whole fee, did the duty to the lord, and defended the whole fee against strangers. The freehold never could be in abeyance ; because the lord must never be at a loss to know upon whom to call as his tenant; nor a stranger at a loss to know against...
Page 526 - R. 218. marriage, then to the use of himself for life, remainder to his wife for life, remainder to trustees to preserve contingent remainders, remainder to the children of the marriage, in such manner as B.

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