An Elementary Treatise on Estates: With Preliminary Observation of the Quality of Estates, Volume 1J. & W.T. Clarke, 1820 - Estates (Law) |
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Page xiv
... hold every Monday , & c . Rule does not extend to things created de novo on 244 246 , 252 first creation 247 Reason for the Difference 248 Reason of the Law against Abeyance of Freehold And of Exceptions as to Estates in things created ...
... hold every Monday , & c . Rule does not extend to things created de novo on 244 246 , 252 first creation 247 Reason for the Difference 248 Reason of the Law against Abeyance of Freehold And of Exceptions as to Estates in things created ...
Page xv
... hold at Intervals On Common Law Title of Occupancy 259 ib . Other Rules as to Freeholds -as to Confirmation of part of an Estaté of an Estate in Remainder 260 of a Particular Estate Cesser for a Time ib . 261 · ib . · 262 Defeazance of ...
... hold at Intervals On Common Law Title of Occupancy 259 ib . Other Rules as to Freeholds -as to Confirmation of part of an Estaté of an Estate in Remainder 260 of a Particular Estate Cesser for a Time ib . 261 · ib . · 262 Defeazance of ...
Page 60
... hold , and not of freehold , essentially mark the time of continuance , and will be discussed at large in a separate chapter of this Treatise . A general estate receives that name from comprising all the time which may subsist in any ...
... hold , and not of freehold , essentially mark the time of continuance , and will be discussed at large in a separate chapter of this Treatise . A general estate receives that name from comprising all the time which may subsist in any ...
Page 125
... hold estate in the rent ; and the lands held for the chattel interest may be charged with a distress for the rent , though they cannot be charged with the rent itself ( p ) . The remedy by assize for recovery of rents induced this ...
... hold estate in the rent ; and the lands held for the chattel interest may be charged with a distress for the rent , though they cannot be charged with the rent itself ( p ) . The remedy by assize for recovery of rents induced this ...
Page 132
... hold by moieties , as other distinct and individual persons would do ( z ) . Also , when a grant is made to a husband and his wife and a third person , as tenants in com- mon , each of these three persons will severally have a separate ...
... hold by moieties , as other distinct and individual persons would do ( z ) . Also , when a grant is made to a husband and his wife and a third person , as tenants in com- mon , each of these three persons will severally have a separate ...
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Other editions - View all
An Elementary Treatise on Estates: With Preliminary Observations on the ... Richard Preston, Jr. No preview available - 2015 |
An Elementary Treatise on Estates: With Preliminary Observation of the ... No preview available - 2020 |
Common terms and phrases
ancestor applied arise body cestui common law common recovery construction contingent interest contingent remainders conveyance conveyed Court Court of Chancery courts of equity cross remainders death deed defeat descent determination distinct entirety entitled equity estate in fee estate limited estate of freehold estate-tail event executory devise executory interest express Fearne fee-simple feoffees feoffment gift give grant grantor heirs male hereditaments husband and wife inheritance Inst instances intail intention issue joint-tenants land lease legal estate limi limited to commence line of remainders Loddington Lord Coke Lord Raym mainder moiety observations operation owner ownership particular estate person possession power of alienation preceding estate purchase remainder is limited rent reversion right heirs right of enjoyment rule rule in Shelley's seised seisin statute of 27 take effect tation tenant in tail tenants in common tenements term tingent tion trust vest in interest vested interest void word heirs
Popular passages
Page 150 - Where by the common laws of this realm, lands, tenements, and hereditaments be not devisable by testament, nor ought to be transferred from one to another, but by solemn livery and seisin, matter of record ', writing sufficient made bona fide, without covin or fraud...
Page 151 - ... to the uses of aliens born, and also the profits of waste for a year and a day of lands of felons attainted, and the lords their escheats thereof; and many other inconveniences have happened and daily do increase among the King's subjects, to their great trouble 'and inquietness, and to the utter subversion of the ancient common laws of this realm...
Page 360 - E his son for life, remainder to the use of the first son of the body of E, and the heirs males of the body of such first son...
Page 70 - When a remainder is limited to a person in esse and ascertained to take effect by words of express limitation on the determination of the preceding particular estate, this remainder is most clearly and unquestionably vested.
Page 152 - ... of and in such like estates, as they had or shall have in use, trust, or confidence of or in the same...
Page 277 - Davison, upon trust, to support and preserve the contingent uses and estates hereinafter limited from being defeated or destroyed, and for that purpose to make entries and bring actions as occasion...
Page 152 - ... 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 264 - The rule simply is that where an estate of freehold is limited to a person, and the same instrument contains a limitation, either mediate or immediate, to his heirs, or the heirs of his body, the word 'heirs' is a word of limitation; ie, the ancestor takes the whole estate comprised in this term.
Page 132 - In point of fact, and agreeable to natural reason, free from artificial deductions, the husband and wife are distinct and individual persons; and accordingly, when lands are granted to them as tenants in common, thereby treating them without any respect to their social union, they will hold by moieties, as other distinct and individual persons would do.
Page 151 - ... and scantly any person can be certainly assured of any lands by them purchased, nor know surely against whom they shall use their actions or executions for their rights, titles and duties...