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

Framsida
Saunders and Benning, 1835
 

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Of Lands acquired by Escheat or Forfeiture 28 How Kings Grants are construed 32 What passes by general words
53
Where the King is deceived 46 Exceptions
57
TITLE XXXV
62
Origin of Fines 7 Description of 11 Taken from the Roman Law 14 When first introduced
63
CHAP II
69
A Surrender and Resurrender alter the Descent
75
Construction of Surrenders
77
Motions to prevent Fines from passing
87
Felony to acknowledge a Fine in the Name of another
88
When a Fine is completed 74 When it begins to operate
89
Proclamations
90
Fine Sur Cognizance de Droit come ceo c
94
Sur Cognizance de Droit tantum
96
Sur Concessit 25 Sur Done Grant and Render
97
CHAP IV
100
A Surrender sometimes supplied in Equity
103
Page
104
Courts of Cities and Corporate Towns
105
Who might take the Acknowledgment of Fines
106
Agreement to Surrender
108
Chief Justice of the Common Pleas id
111
Justices of Wales
114
CHAP V
115
The Queen
116
Married Women
117
Married Women Trustees
119
Persons outlawed c
120
id
128
CHAP VI
132
CHAP VII
138
CHAP VIII
148
Sect Page 2 Statute of 1 Rich III
154
The lineal Heirs of the Cognizor are barred
157
Though he was never in Possession
158
Or had only a possibility of an Estate Tail
160
The collateral Heirs are also barred
161
Except where they are not Privies
162
Rent Charges are within these Statutes
164
And also Advowsons id
165
Other Effects of a Fine on an Estate Tail id
166
not bar Remainders c
167
But let in the Reversion
168
Exceptions in these Statutes id
169
The Right of levying a Fine could not be restrained id
170
CHAP X
171
Married Women
172
As to their own Estates
173
As to Dower and Jointure
174
Husband seised in Right of his Wife
177
Devisees 36 Trust Estates
179
Terms for Years
182
Copyholds
184
Powers appendant and in gross id
186
A Right of Entry
188
Writs of Error
189
Statute of Nonclaim
190
Married Women within this Saving
199
Second Saving
200
And Persons having Offices
201
Third Saving
203
Exceptions in favour of Infants c
204
Case of Persons dying under their Disabilities
209
CHAP XII
212
Let in the Reversion and made it liable to Incum 12 Devested Remainders and Reversions expectant on Estates for Life
215
Discontinued an Estate Tail and devested the Remainders and Reversions
216
Was a Revocation of a Devise
219
Against whom
236
What may be assigned for Error id
238
Manner of Reversal id
239
Writ of Deceit
240
Writ of false Judgment
242
Real Action 43 Actual Entry
243
Who may make it
245
Must be followed by an Action
246
Plea that the Parties had no Estate
247
Averment of Fraud
252
TITLE XXXVI
267
Nature
268
CHAP II
272
Tenant to the Præcipe who must have had the Freehold
274
Before the Judgment
277
Or within the Term
279
Leases for Lives need not be surrendered
281
have Joined
282
A Surrender sometimes Presumed
283
How a Tenant to the Præcipe might be made
290
Grants of Franchises
291
Husband seised jure uxoris might make a Tenant to the Præcipe
292
Feoffment
293
Grant
309
Sect Page 1 Voucher
311
Writ of Summoneas ad Warrantizandum
317
Judgment
320
Unless it were a Sunday
328
44 Execution
332
50 Might be had against the Heir
333
All the Proceedings might be enrolled
335
After Twenty Years the Deeds to make a Tenant to the Præcipe are proof of a Recovery
336
CHAP IV
338
Infants
347
CHAP VI
353
CHAP VII
360
An Heir in Tail allowed to inspect Title Deeds
381
Conditions and Conditional Limitations
390
Contingent Remainders 35 Writs of Error to reverse Fines 389 390 id
393
Some other Effects of a Recovery 1 Is an Estoppel on Record 2 Let in Prior Incumbrances 8 Revoked a Devise 9 Sometimes a Forfeiture 12 Did not ...
396
Bargain and Sale Enrolled id
397
id
398
A Recovery sometimes good without a Tenant to the Præcipe
400
CHAP X
407
Estates Tail granted by the Crown for Services 54 Reversions vested in the Crown
414
Estates held by Elegit 59 Executory Devises id
423
How Recoveries may be Reversed and Avoided Sect Page 1 Writ of Error
424
There must be a Scire Facias
426
What may be assigned for Error
427
The parol might demur for Infancy 25 Must be brought within Twenty Years
438
Writ of Deceit
439
Writ of False Judgment
440
A Recovery may be falsified
442
By a Tenant for Years
443
And invalidated by a Court of Equity
444
TITLE XXXVII
447
Surrender
448
Who may surrender
450
What Estate may be surrendered
452
Presentment
454
Who may Admit
456
The Admittance must be according to the Surrender id
457
The Admittance relates back to the Surrender id
462
A Surrender will not Destroy a Contingent Re mainder
463
How Entails of Copyholds may be barred and Effect of Re lease 475 Did not dele bar by Sour destroy the barred A c
475
422
476

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