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A Treatise on Conveyancing with a View to Its Application to Practice
Richard Preston, Jr.
No preview available - 2015
act of law afterwards application arising assigned attornment autre droit Bredon's circumstances co-parceners common recovery consequence contingent remainder continue convey conveyance court court of equity covenant curtesy death deed descent determined distinct estates doctrine of merger dower drown equity estate of freehold estate-tail executor exemption from merger extinguished fee-simple feme feme covert feoffee feoffment grant ground hath heirs held immediate inheritance Inst instances intail intention interesse termini interest intitled issue extinct joint-tenants land law of merger lease lease and release legal estate lessee lessor levied limitation lives Lord Coke mainder ment merge mesne estate moiety notwithstanding observed operation opinion owner ownership particular estate parties person plaintiff possibility of issue reason remainder in fee remainder in tail remainder or reversion remote estate rent reversion in fee reversion or remainder reversioner seignory seised seisin shew sion statute stranger surrender tenant in tail term termor tion trust
Page 45 - ... from the day next before the day of the date of the same indenture of bargain and sale, and by force of the statute made for transferring uses into possession), ALL THAT [parcels, general words : All the estate clause].
Page 6 - BEFORE we conclude the doctrine of remainders and reversions, it may be proper to observe, that whenever a greater estate and a less coincide and meet in one and the same person, without any intermediate estate y, the less is immediately annihilated; or, in the law phrase, is said to be merged, that is, sunk or drowned in the greater.
Page 271 - But they must come to one and the same person in one and the same right ; else, if the freehold be in his own right, and he has a term in right of another (en outer droit) there is no merger.
Page 362 - ... where any person or persons stand, or be seised, or at any time hereafter shall happen to be seised of and in any honours, castles, manors, lands, tenements, rents, services, reversions, remainders, or other hereditaments, to the use, confidence, or trust of any other person or persons, or of any body...
Page 142 - B. and the heirs male of his body, remainder to the heirs of the body of T.
Page 7 - The estate in which the merger takes place is not enlarged by the accession of the preceding estate, and the greater or only subsisting estate continues after the merger precisely of the same quantity and extent of ownership as it was before the accession of the estate which is merged, and the lesser estate is extinguished,
Page 11 - Suspence comtneth of mapendeo, (4 Rep. 52.) and in legall understanding is taken when a seigniorie, rent, ( . ' ' profit apprender, &c. by reason of unitie of possession of the seigniorie, rent, &c. and of the land out of which they issue, are not in esse for a time, et tune dormiunt, but may be revived or awaked. And they are said to be extinguished when they are gone for ever, et tune moriuntur, and can never be revived; that is, when one man hath as high and perdurable an estate in the one as...
Page 136 - ... in case any lease shall be duly surrendered in order to be renewed, and a new lease made and executed by the chief landlord or landlords, the same new lease shall, without a surrender of all or any...