A Digest of the Laws of England Respecting Real Property, Volume 1

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J. Butterworth, 1824 - Law reports, digests, etc
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Contents

Oath of Fidelity
13
Duties of the Lord and Vassal
14
Was unalienable
15
Estate of the Lord
16
Descent of Feuds
17
Feudum Talliatum
18
Investiture upon a Descent
19
Feudal Forfeitures id
20
Feudal Jurisdiction
21
Seet Page I Introduction of Feuds
23
Division of Tenures
24
7 Tenure in Capite
26
Statute of Quia Emptores
27
Tenure by Knight Service id
28
Fealty
29
Fruits of Knight Service id
30
Primer Seisin
31
Marriage
32
Fines for Alienation id
33
CHAP III
35
Waste 331
37
Courts Baron
38
Inferior Manors
40
How Manors are destroyed
41
Tenure in Socage
42
By Petit Serjeanty
43
In Burgage
44
In ancient Demesne
45
In Gavelkind
46
But allowed for all Costs and Expenses id
48
Changes in Socage by Stat 12 Charles II
50
Free Copyholds
51
Tenure in Frankalmoign
52
TITLE I
53
Corporeal or Land
54
Incorporeal
55
Of Seisin _ _
58
Where an Entry is necessary
60
Disseisin v _
61
Who may have Freehold Estates
62
Estates in Fee Simple _
63
Abeyance of the Fee _
64
All other Estates merge in the Fee
65
Incidents to Estates in Fee Simple rr 49 Alienable
66
Descendible to Heirs General j 52 Subject to Curtesy and Dower _
67
Liable to Debts A 59 Of Crown Debts I
68
How Contracted
69
67 Bind the Lands when Contracted
70
Into whose hands soever they pass
71
Estates in Fee forfeited for Treason c
72
TRUST
73
TITLE II
74
Estates in Frank Marriage
80
Estates Tail are held of the Donor fti 22 How Created
81
What may be entailed
82
Who may be Tenants in Tail
83
Incidents to Estates Tail 32 Power to commit Waste
84
Tenant in Tail entitled to the Deeds
85
CHAP II
87
His alienation not absolutely void
88
Sometimes voidable by Entry
89
Cannot limit an Estate to commence after his Death
90
The Issue not bound by his Ancestors Contract
93
Unless he confirms them
94
Nor subject to his Debts
95
Except Crown Debts id
98
Are Subject to the Bankrupt Laws id
99
But not for Felony
100
Modes of Barring Estates Tail
101
And money Entailed
102
TITLE III
104
How Created
105
Hela of the Grantor
106
Subject to Merger
108
Tenants for Life entitled to Estovers id
109
May Pray in Aid
110
But must keep down the Interest id
111
May Alien their Estates
112
General Occupancy
114
Ecclesiastical Persons are quasi Tenants for Life
117
CHAP II
118
Felling Timber ? 11 Pulling down Houses
119
Opening Pits or Mines 18 Changing the Course of Husbandry
122
Of the Action of Waste
124
Waste restrained in Equity
125
Of Clause without Impeachment of Waste
132
Of Accidents by Fire
138
His Privileges not Gran table over
144
Curtesy in Gavelkind
151
Lands assigned for Dower id
152
Incorporeal Hereditaments
155
What Things are not liable to Curtesy
156
Estates not of Inheritance id
157
Forfeitable for Alienation
158
TITLE VI
160
Dower at Common Law
162
Dower by Custom
163
Circumstances required
164
Effect of Divorces
165
Seisin of the Husband
167
Seisin of Gavelkind Lands t7
168
Who are incapable of Dower
169
CHAP II
170
Estates Tail
171
Equities of Redemption
172
Where a Widow has an Election
173
A Castle
174
Where Dower and Curtesy cease with the Estate
175
27 The Dowress entitled to Emblements trf 28 Restrained from Alienation
176
And from Waste ft 32 Not subject to her Husbands Incumbrances
177
CHAP III
178
What will operate as a Bar or Satisfaction of Bower 1 Attainder of the Husband
184
Detinue of Charters
187
17 A Devise is no Bar to Dower
188
Unless so expressed when the Widow has an Election
190
Sometimes held a Satisfaction
191
A Bequest of Personal Estate no Bar to Dower
196
A Rent charge is usually given as a Jointure
212
CHAP II
214
7 Relieved against a Voluntary Conveyance
216
Nor to deliver up Title Deeds
217
Sometimes allowed Interest for Arrears
218
CHAP III
219
A Devise is no Bar to a Jointure
221
Unless so expressed when the Widow has an Election
233
J5 A Devise sometimes held a Satisfaction
234
TITLE VIII
236
Sect Page 9 Introduction of long Terms
238
Tenant for Years has no Seisin
239
But must make an Entry trf 15 An Entry before the Lease begins is a Disseisin
240
And be assigned before Entry
241
May determine by Proviso
242
And vest in Executors id
244
CHAP II
245
Merged by a Union with the Freehold
252
And also by Surrender
255
TITLE IX
257
May arise by Implication
258
Is at the Will of both Parties trf 6 Not Grantable over id
259
What determines this Estate
260
Bind the Persons in Reversion
262
Six Months notice to Quit necessary
263
Sect Page I Description of
264
TITLE X
268
Free Copyholds
269
Circumstances necessary to their Existence
271
The Things granted must be Parcel of the Manor
274
What will Destroy the Custom of Granting
276
What may be granted by Copy
277
Copyhold Customs
279
How Proved
280
Rights of the Lord
282
CHAP II
283
The Custom must be Observed
290
Copyhold Grants take place of many other Estates
294
Incidents to Cojryholds IV Sfct 1 Copyholders subject to Fealty
296
Entitled to Estovers
297
7 But cannot in General commit Waste
298
Copyholds are Descendible
300
17 Alienable and Devisable
301
Which may be barred by a Jointure
303
And by the Alienation of the Husband id
304
And by Forfeiture
306
And by a Grant of the Freehold to the Husband
307
4 A Devise may bar Free Bench id
308
CHAP IV
310
Upon admission of Tenants by the Curtesy
311
Not due from Remaindermen _
312
Without a Special Custom
313
Nor without a Change of the Tenant
314
Fines on Change of the Lord _
315
No more than two years value can be demanded
319
Except on Voluntary Grants
322
How Recovered
323
CHAP V
327
Who may take advantage of a Forfeiture
343
Where Equity relieves
344
Where Relief has been refused
345
CHAP VI
347
Release to the Lord
348
Conveyance by the Lord to the Copyholder
349
Escheat or Forfeiture
352
CHAP I
353
A Use was a Right in Conscience only
360
Founded on Confidence in the Person
362
And Privity of Estate
363
What might be conveyed to
366
Not subject to Forfeiture
367
Not extendible or Assets id
368
Without words of Limitation id
369
Might be revoked id
370
Statutes made to remedy them
371
CHAP III
373
Circumstances uecessary to its Operation
376
Of what Estates r
377
Estates for Life
380
What may be conveyed to Uses id
381
In what cases the Statute operates
382
in A Use in Esse
386
CHAP IV
391
Conveyances arising from the Statute of Uses
395
Whether the Statute extends to Devises
397
Resulting Uses
399
Uses by Implication
403
No Use results but to the owner of the Estate id
404
A Use limited upon a Use
410
Trust for the separate Use of a Woman
414
Trust to sell or to pay Money
416
Or for any other Purpose to which a Seisin is necessary
417
A Trust Estate limited after Payment of Debts vests immediately
419
Term for Years limited in Trust
420
How Trusts may be declared id
421
Contract for a Purchase
422
Purchase with Trust Money
423
Conveyance without Consideration
425
A Trust declared in Part
426
Or which cannot take Effect id
427
Where no appointment is made
428
Renewal of a Lease by a Trustee id
429
Where there is Fraud
430
ExceptionChildren Emancipated
434
And also a Wife id
435
All Trusts are Executory
436
CHAP II
438
Trusts are Alienable
440
May be Intailed
441
Not subject to Escheat
447
CHAP
453
When a Term is in Gross
459
And also from Dower
466
Must be assigned to a Trustee for the Purchaser
479
CHAP IV
487
Where the Receipt of the Trustee is sufficient
493

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Page 416 - June all declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing, signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 253 - Tenant at will is, where lands or tenements are let by one man to another, to have and to hold to him at the will of the lessor", by force of which lease the lessee is in possession.
Page 379 - Keller his heirs and assigns. To the only proper use and behoof of the said David H. Keller his heirs and Assigns Forever And the said William H.
Page 378 - ... or other hereditaments, to the use, confidence, or trust of any other person or persons...
Page 32 - And that all fines for alienations, tenures by homage, knight-service, and escuage, and also aids for marrying the daughter or knighting the son, and all tenures of the king in capite, be likewise taken away. And that all sorts of tenures, held of the king or others, be turned into free and common socage ; save only tenures in frankalmoign, copyholds, and the honorary services (without the slavish part) of grand serjeanty.
Page 417 - That where any conveyance shall be made of any lands or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law, or be transferred or extinguished by an act or operation of law, then and in every such case such trust or confidence shall be of the like force and effect as the same would have been if this statute had not been made; anything hereinbefore contained to the contrary notwithstanding.
Page 394 - But in the. case of a devise to A. and his heirs, to the use of B. for life, remainder to the first and other sons of B. in tail, there is no reason why the seisin of A.
Page 22 - Free services were such as were not unbecoming the character of a soldier or a freeman to perform; as to serve under his lord in the wars, to pay a sum of money, and the like. Base services were such as were fit only for peasants, or persons of a servile rank ; as to plough the lord's land, to make his hedges, to carry out his dung, or other mean employments.
Page 113 - ... hereditament, it shall go to the executor or administrator of the party that had the estate thereof by virtue of the grant ; and if the same shall come to the executor or administrator either by reason of a special occupancy or by virtue of this act, it shall be assets in his hands, and shall go and be applied and distributed in the same manner as the personal estate of the testator or intestate.
Page 382 - 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...

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