A Systematic Arrangement of Lord Coke's First Institute of the Laws of England: On the Plan of Sir Matthew Hale's Analysis; with the Annotations of Mr. Hargrave, Lord Chief Justice Hale, and Lord Chancellor Nottingham; and a New Series of Notes and References to the Present Time, Volume 2
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action advowson albeit alienation ancestor appeareth appointment assigns assise attornment Coke collateral collateral warranty common law common recovery condition confirmation contingent remainder Conv convey conveyance copyhold court court of equity covenant deed defeated descent devise dieth disseisee disseisin disseisor doth dower Eliz enter entry enure equity escheat estate tail executed executors father Fearn fee-simple feme covert feoffee feoffment in fee feoffor forfeiture freehold Gilb grant grantor hath heirs husband inheritance intention knight-service land lease lessee lessor limitation Littleton livery of seisin lord Lord Coke manor mortgage observed particular estate party payment person plead possession Prest privity purchase recovery release rent rent-charge sect seignory seised socage statute stranger supra surrender tenant in tail tenements term trust Vern vested void vouch warranty whereof wife words writ writ of right
Page 331 - ... in an action on the case, for the use and occupation of what was so held or enjoyed ; and if in evidence on the trial of such action any parol demise or any agreement (not being by deed) whereon a certain rent was reserved shall appear, the plaintiff in such action shall not therefore be nonsuited, but may make use thereof as an evidence of the Quantum of the damages to be recovered.
Page 284 - Nothing herein contained shall extend to vacate or affect any Attornment made pursuant to and in consequence of some Judgment at Law, or Decree or Order of a Court of Equity, or made with the privity and Consent of the Landlord or Landlords, Lessor or Lessors, or to any Mortgagee after the Mortgage is become forfeited.
Page 19 - And so it is if a man be possessed of a lease for years, or of a horse, or of any other chattel, real or personal, and give or sell his whole interest or property therein, upon condition that the donee or vendee shall not alien the same, the same is void; because his whole interest and property is out of him, so as he hath no possibility of reverter; and it is against trade and traffic, and bargaining and contracting between man and man."— Iniquum est ingenuis horninibus non esse liberam rerum...
Page 455 - If this be all, the bond is called a single one, simplex obligatio; but there is generally a condition added, that if the obligor does some particular act, the obligation shall be void, or else shall remain in full force :* as, payment of rent ; performance of covenants in a deed ; or repayment of a principal sum of money borrowed of the obligee, with interest, which principal sum is usually one half of the penal sum specified in the bond. In case this condition is not performed, the bond becomes...
Page 461 - And also saving to all and singular those persons, and to their heirs, which be, or hereafter shall be seised to any use, all such former right, title entry, interest, possession, rents, customs, services and action as they or any of them might have had to his or their own proper use, in or to any manors, lands, tenements, rents or hereditaments, whereof they be, or hereafter shall be seised to any other use...
Page 446 - 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 163 - For, if a man prescribes in a que estate, (that is, in himself and those whose estate he holds) nothing is claimable by this prescription, but such things as are incident, appendant, or appurtenant to lands ; for it would be absurd to claim...
Page 107 - For, unless the freehold pass out of the grantor at the time when the remainder is created, such freehold remainder is void ; it cannot pass out of him, without vesting somewhere ; and, in the case of a contingent remainder, it must vest in the particular tenant, else it can vest no where ; unless, therefore, the estate of...
Page 429 - It is a rule of law, that when the ancestor, by any gift or conveyance, takes an estate of freehold ; and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs in fee or in tail, that always in such cases, the heirs are words of limitation of the estate, and not words of purchase.