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Principles Of The Law Of Real Property | by Joshua Williams



Intended as a first book for the use of students in conveyancing.

TitlePrinciples Of The Law Of Real Property
AuthorJoshua Williams
PublisherH. Sweet
Year1871
Copyright1871, Joshua Williams
AmazonPrinciples of the Law of Real Property

By Joshua Williams, Esq.; Of Lincoln's Inn, One Of Her Majesty's Counsel.

Ninth Edition

Advertisement To The Ninth Edition.

In this Edition the alterations which have taken place in the law since the publication of the last Edition have been incorporated in the text.

-Preface To The First Edition
The Author had rather that the following pages should speak for themselves, than that he should speak for them. They are intended to supply, what he has long felt to be a desideratum, a First Book for...
-Principles Of The Law Of Real Property, Introductory Chapter. Of The Classes Of Property
In the early ages of Europe, property was chiefly of a substantial and visible, or what lawyers call, a corporeal kind. Trade was little practised (a), and consequently debts were seldom incurred. The...
-Of The Classes Of Property. Part 2
(o) Sharon Turner's Anglo-Saxons, vol. ii. app. iv. c. 3, 560; 2 Hallam's Mid. Ages, 410. (p) The Norman French was introduced by the Conqueror as the regular language of the courts of law. See Hume'...
-Of The Classes Of Property. Part 3
Real and personal. (d) Glanville, lib. x. c. 13; Bracton, lib. iii. fol. 101 b, par. 1; 102 b, par. 4; Britton, 1 b; Fleta, lib. i. c. 1; Litt. sects. 444, 492; Co. Litt. 284 b, 285 a; 3 Black. Com. ...
-Part I. Of Corporeal Hereditaments
Before proceeding to consider the estates which may be held in corporeal hereditaments or landed property, it is desirable that the legal terms made use of to designate such property should be underst...
-Chapter I. Of An Estate For Life
It seldom happens that any subject is brought frequently to a person's notice, without his forming concerning it opinions of some kind. And such opinions carelessly picked up are often carefully retai...
-Of An Estate For Life. Part 2
A grant to A. B. simply confers only a life estate. This rule has often defeated testators' intentions. (n) Litt. sect. 283; Co. Litt. 42 a; 2 Black. Com. l2l; Lucas r. Brandreth. 28 Bear. 274 (o) ...
-Of An Estate For Life. Part 3
A tenant for lifehath a freehold. Estate during widowhood. (a) Stat. 6 Anne, c. 18, s. 5. (b) Litt. s. 57. (c) Watk. Desc. 108 (113, 4th ed.); 2 Black. Com. 104. (d) Bract, lib. 2, c. 9, fol. 2G ...
-Of An Estate For Life. Part 4
As a tenant for life has merely a limited interest, he cannot of course make any disposition of the lands to take effect after his decease; and, consequently, he can make no leases to endure beyond hi...
-Of An Estate For Life. Part 5
Apportionment of rent. (p) Stat. 11 Geo. IL c. 19, s. 15, explained by stat. 4 & 5 Will. IV. c. 22, s. 1. See Ex parte Smyth, 1 Swanst. 337, and the learned editor's note. By an act of the present ...
-Of An Estate For Life. Part 6
Conveyance.. Sale of settled es rates. Brotcn, 2 Hare, 144; Horlock- v. Sumith, 17 Bear. 572; Dunne v. Dunne, 7 De Gex, M. & G. 207; Dent v. Dent, 30 Beav. 363. (o) Stat. 11 Geo. IV. & 1 Will. IV. ...
-Chapter II. Of An Estate Tail
The next estate we shall notice is an estate tail, or an estate given to a man and the heirs of his body. This is such an estate as will, if left to itself, descend, on the decease of the first owner,...
-Of An Estate Tail. Part 2
Eight of alienation as against the heir. Frank-marriage. (g ) 1 Reeves's Hist . Eng Law, 223. (h) Ibid. 105. (i) Glanville, lib. 7, c. 1; 1 Reeve's Hist. 104. Frankalmoign. Other modes of alien...
-Of An Estate Tail. Part 3
Since the passing of this statute, an estate given to a man and the heirs of his body has been always called an estate tail, or, more properly, an estate in fee tail (feudum talliatum). The world. fee...
-Of An Estate Tail. Part 4
Such a piece of solemn juggling could not long have held its ground, had it not been supported by its substantial benefit to the community; but, as it was, the progress of events tended only to make t...
-Of An Estate Tail. Part 5
Recoveries abolished. A fine. (q) See 1st Report of Real Property Commissioners, 25. (r) An act for the abolition of fines and recoveries and for the substitution of more simple modes of assurance...
-Of An Estate Tail. Part 6
When the estate tail is preceded by a life interest. The concurrence of the first tenant for life required. Protector. His consent required to bar remainders and reversions of gestation is also inc...
-Of An Estate Tail. Part 7
Timber. Leases. New enactment. (e) Cro. Eliz. 805; Co. Litt. IlI a; stat. 3 & 4 Will. IV. c. 74, 8. 40. (f) Bac. Abr. tit. Estate in Tail (D); stat. 3&4 Will. IV. c. 74, s. 40. (g) Co. Litt. 224...
-Chapter III. Of An Estate In Fee Simple
An estate in fee simple (feudum simplex) is the greatest estate or interest which the law of England allows any person to possess in landed property (a). A tenant in fee simple is he that holds land o...
-Of An Estate In Fee Simple. Part 2
The statute of Quia emptores. A lienation by will. (i) Stat. 18 Edw. I. c. 1. (k) Chap. 2. (l) Wright's Tenures, 162, (m) Wright's Tenures, 172; Co. Litt. 111b, n. I. (n) Litt. Sect. 167; Perk. ...
-Of An Estate In Fee Simple. Part 3
Infants, idiots, and lunatics. Infants' marriage settlements. (j) Stat. 33 Vict. c. 14, passed l2'th May, 1870, amended by stat. 33 & 34 Vict. c. 102. (k) Sect. 2. (l) 2 Black. Com. 291; Bac. Abr....
-Of An Estate In Fee Simple. Part 4
New enactments. Reservations allowed. (z) Stat. 9 Geo. II. c. 36, s. 2. (a) Sect. 3. (b) Sect. 4. (c) Stat. 9 Geo. IV. c. 85. (d) Sect. 3. (e) Stat. 24 Vict. c. 9. Provisions were made with res...
-Of An Estate In Fee Simple. Part 5
Power to authorize inrolment. Land already in mortmain. The Charity Commissioners. Official trustee. (0) Stat. 29 & 30 Vict. c. 57. (p) Walker v. Richardson, 2 Mees. & Wels. 882; Attorney-General...
-Of An Estate In Fee Simple. Part 6
(e) Stat. 33 & 34 Vict c. 84. (f) Stat. 19 & 20 Vict. c. 47, amended by stat. 20 & 21 Vict. c. 14, and 21 & 22 Vict. c. 60, and now consolidated by stat. 25 & 26 Vict. c. 89, and amended by stat. 30 &...
-Of An Estate In Fee Simple. Part 7
Conveyances for defrauding creditors. Voluntary conveyances, or with any clause of revocation, void as against purchasers. (h) Stat. 25 & 26 Vict. c. 89, s. 21. (i) Stat. 13 Eliz. c. 5; Treyne's ca...
-Of An Estate In Fee Simple. Part 8
(m) Stat. 2 & 3 Vict. c. 11, ss. 1, 2. The rights of judgment creditors to follow the lands of their debtors in the hands of purchasers, were remodelled by an act of parliament of the present reign, ...
-Of An Estate In Fee Simple. Part 9
New Act, lion of judgments abolished. (z) Stat. 23 & 24 Vict. c. 38, s. 1. In) Sect. 2. (b) Ante, p. 58 (e) Stat. 27 & 28 Vict. c. 112. (d) Sect. 1; Guest v. Con-bridge Railway Compony, V.-C. G.,1...
-Of An Estate In Fee Simple. Part 10
New enactment. Registration. Lis pendens. Registration may be. vacated. chasers wire indebted for this protection to Lord St. Leonards. (b) Stat. 28 & 29 Vict. c. 104, s. 4. (c) Sect. 48. (d) S...
-Of An Estate In Fee Simple. Part 11
Husbands and wives. The heir at law. (p) Brandon v. Robinson, 18 Ves. 434; Tullett v. Armstrong, 1 Beav. 1; 4 M. & Cr. 300; Scarborough v. Borman, 1 Beav. 34; 4 M. & Cr. 377. (q) Stats. 13 Eliz. c....
-Chapter IV. Of The Descent Of An Estate In Fee Simple
We shall now proceed to consider the rules of the descent of an estate in fee simple, as altered by the act for the amendment of the law of inheritance (a). This act does not extend to any descent on ...
-Of The Descent Of An Estate In Fee Simple. Part 2
When two or more persons together form an heir, they are called in law coparceners, or, more shortly, parceners (p). The term is derived, according to Littleton (q), from the circumstance that the la...
-Of The Descent Of An Estate In Fee Simple. Part 3
Descent of an estate tail. Rule 5. The old rule. (y) Doe d. Gregoryv. Whichelo, 8 T. Rep. 211. Insion of lineal ancestors. Feudum norum ut antiquum. (z) -2 Black. Com. 220. (a) Bract, lib. 2, c...
-Of The Descent Of An Estate In Fee Simple. Part 4
The rules of descent above given will be better apprehended by a reference to the accompanying table, taken, with a little modification, from Mr. Watkins' Essay on the Law of Descents. In this table, ...
-Of The Descent Of An Estate In Fee Simple. Part 5
Descent to the father of the purchaser, and his issue. Descent to the male paternal ancestors of the purchaser, and their issue. (m) See Appendix (B). All the male paternal ancestors of the purchas...
-Chapter V. Of The Tenure Of An Estate In Fee Simple
The most familiar instance of a tenure is given by a common lease of a house or land for a term of years; in this case the person letting is still called the landlord, and the person to whom the premi...
-Of The Tenure Of An Estate In Fee Simple. Part 2
Statute of Quia emptores. Queen is lady paramount. Ancient incidents of tenure of estates in fee simple. (d) 18 Edw. I. c. 1, ante, p. 61. (e) Ante, pp. 2, 3. (f) Co. Litt. 65 a, 93 a; Year Book,...
-Of The Tenure Of An Estate In Fee Simple. Part 3
Rent. Relief. Fealty. Suit of court. Aids. Superiority of socage tenure. Escuage. (2) 2 Hallam's Middle Ages, 481. (a) Ibid.; 2 Black. Com. 60, 61. (b) Co. Litt. 65 a, 67 b, n. (1). (c) Co. ...
-Of The Tenure Of An Estate In Fee Simple. Part 4
Bastardy. Attainder. (v) Co.Litt.3b; 2 Black. Com. 347; Bac. Abr. tit. Bastardy (B). (w) By stat. 33 & 34 Vict. c. 23; ante, p. 56. (x) Stat. 54 Geo. TIT. c. 145; 9 Geo. IV. c. 31, s. 2, repealed ...
-Of The Tenure Of An Estate In Fee Simple. Part 5
(s) Rob. Gav. 46 (57, 3rd ed.). (t) Sec Rob. Cav. 75 (94, 3rd cd.). Tenure subject to the custom of borough-English pi-evails in several cities and ancient boroughs, and districts adjoining to them;...
-Chapter VI. Of Joint Tenants And Tenants In Common
A gift of lands to two or more persons in joint tenancy-is such a gift as imparts to them, with respect to all other persons than themselves, the properties of one single owner. As between themselves,...
-Of Joint Tenants And Tenants In Common. Continued
Exception to unity of time. A release is the proper form of assurance between joint tenants. (k) Co. Litt. 188 a; 2 Black. Com. 181. (l) 13 Rep. 56; Pollexf, 373; Bac. Abr. tit. Joint Tenants (D); ...
-Chapter VII. Of A Feoffment
Having now considered the most usual freehold estates which are holden in lands, and the varieties of holding arising from joint tenancies and tenancies in common, we proceed to the means to be employ...
-Of A Feoffment. Part 2
Livery in deed. (g) Bac. Abr. tit. Leases and Terms Cor Years (K). (h) Co. Litt. 271 b, n. (1). (i) Co. Litt. 43 a. (k) 2 Black. Com. 315; 2 Sand. Uses. 4. (l) Shep. Touch. 213; Doe d. Reed v. Tayl...
-Of A Feoffment. Part 3
A feoffment might have created an estate by wrong. (a) Co. Litt. 20 b; 2 Black. Com. 115. (b) Litt. s. 1; Co. Litt. 20 a. (c) Ante, pp. 17, 18. (d) Ante, p. 41. Down to the time of King Henry VIII...
-Of A Feoffment. Part 4
Stamps on deeds. Duplicate or counterpart. (x) Pigot's cane, 11 Rep. 27 a. (y) Aldons v. Cornwell, L. It., 3 Q. B. 573; A dsetts v. Hives, 33 Beav. 55. (z) Lord Ward v. Lumley, 5 II. & N. 87, 656....
-Chapter VIII. Of Uses And Trusts
Previously to the reign of Henry VIII., when the Statute of Uses (a) was passed, a simple gift of lands to a person and his heirs, accompanied by livery of seisin, was all that was necessary to convey...
-Of Uses And Trusts. Part 2
The Statute of Uses. (f) 1 Sand. Uses, 62 (61, 5th ed.) (g) Stat. 27 Hen. VIII. C. 10, preamble. (h) See particularly stat. 1 Rich. III. c. 1, enabling the cestui que use, or person beneficially e...
-Of Uses And Trusts. Part 3
Legal estate. Equitable estate. Estates in equity. By the recent act to confer on the County Courts a limited jurisdiction in equity, it is enacted, amongst other things, that these courts shall ha...
-Of Uses And Trusts. Part 4
Equitable estate in fee simple. No escheat of a trust estate. (y) 1 Sand. Uses, 300 (324, 5th ed.) (z) Stat. 3 & 4 Will. IV. c. 74, ss. 70, 71, repealing stat. 7 Geo. IV. c. 45, which repealed stat...
-Of Uses And Trusts. Part 5
County Courts agreements for sale or lease. Trust estates liable to debts. The Statute of Frauds. Subsequent statutes. (c) Stat. 30 & 31 Vict. c. 48, s. 7. (d) Stat. 30 & 31 Viet. c. 142, s. 9. ...
-Of Uses And Trusts. Part 6
The Trustee Act, 1850. New trustees. (u) Stats. 13 & 14 Vict. c. 60, and 15 & 16 Vict. e. 55, repealing and consolidating stats. 11 Geo. IV. & 1 Will. IV. c. 60, 4 & 5 Will. IV. c. 23, and 1 & 2 \ ...
-Chapter IX. Of A Modern Conveyance
In modern times, down to the year 1841, the kind of conveyance employed, on every ordinary purchase of a freehold estate, was called a lease and release; and for every such transaction, two deeds were...
-Of A Modern Conveyance. Part 2
(h) Litt. s. 460; Gilb. Uses and Trusts, 104(223, 3rd ed.) (i) Co. Litt. 9 a; Bor d. Were v. Cole, 7 Barn. & Cress. 243, 248; ante, p. 11. (k) Ante, p. 144. (l) Shep. Touch. 320. The Statute of Use...
-Of A Modern Conveyance. Part 3
(q) Thus, he could not maintain an action of trespass without being actually in possession, for this action is grounded on the disturbance of the actual possession, which is evidently more than the St...
-Of A Modern Conveyance. Part 4
The estate taken must be marked out. Conveyance made unto and to the use of the purchaser. A conveyance may le made to uses. (f) Shep. Touch. 327; see ante, p. 139. (g) Shep. Touch. ubi sup...
-Of A Modern Conveyance. Part 5
(y) 2 Black. Com. 307, 378. (x) Ibid. 297. (a) Stat. 17 & 18 Vict. c. 125, s. 29, now repealed by stat. 33 & 34 Vict. c. 99. (b) Stat. 33 & 34 Vict. c. 97, s. 16. This act came into operation on th...
-Of A Modern Conveyance. Part 6
Beford Level. Formal style of legal instruments. Testatum. (k) Stat. 15 Cur. II. c. 17,s.8.. (l) Willis v. Brown, 10 Sim. 127. Habendum. Parties. Recitals. Operative words. Parcels. Habendum...
-Of A Modern Conveyance. Part 7
Similarity of deeds. Professional remuneration. (m) Stat. 8 & 9 Vict. c. 119. (n) Stat. 8 & 9 Vict. c. 124. (0) By statute 6 & 7 Vict. c. 73, s. 37, the charges of a solicitor for business relatin...
-Chapter X. Of A Will Of Lands
The right of testamentary alienation of lands is a matter depending upon act of parliament. We have seen, that previously to the reign of Henry VIII. an estate in fee simple, if not disposed of in the...
-Of A Will Of Lands. Part 2
(i) 32 Hen. VIII. e. 1. (j) Stat. 7 Will. IV. & 1 Vict. c. 2G, s. 3. (k ) Sect. 9. Wills Act Amendment Act, 1852. (l) Stat. 15 & 16 Vict. c. 24+. The Statute of Frauds, it will be observed, require...
-Of A Will Of Lands. Part 3
(z) Sect. 21. The above are the only means by which a will can now be revoked; unless, of course, the testator choose afterwards to part with any of the property comprised in his will, which he is at...
-Of A Will Of Lands. Part 4
Construction of wills. Intention to be observed. Technical rules. (n) 30 Ass. 183 a; Year Book, 9 Hen. VI. 24 b; Litt. s. 586; Perkins, s. 555; 2 Black. Com. 381. Example of an intended life estat...
-Of A Will Of Lands. Part 5
The doctrine of uses and trusts applies as well to a will as to a conveyance made between living parties. Thus, a devise of lands to A. and his heirs, to the use of B. and his heirs, upon certain trus...
-Of A Will Of Lands. Part 6
Devise of real estate is independent of executors' assent. Charge of debts. Where trustees may sell or mortgage to devisee to sell or mortgage as he or they may by law now do. In these cases the law...
-Chapter XI. Of The Mutual Rights Of Husband And Wife
The next subject of our attention will be the mutual rights in respect of lands, arising from the relation of husband and wife. In pursuing this subject, let us consider, first, the rights of the husb...
-Of The Mutual Rights Of Husband And Wife. Part 2
Husband and wife still considered as one person. Gift to husband and wife and a third person. Gift to husband and wife and their heirs. They take by entireties. (k) Stat. 33 & 34 Vict. c. 93, s. S...
-Of The Mutual Rights Of Husband And Wife. Part 3
(b) Stat. 32 Hen. VIII. c. 28. (c) Sect. 3. (d) Ante, p. 55. (e) Stat. 19 & 20 Vict. c. 120, s. 32. See ante, p. 26. Hitherto we have seen the extent of the husband's interest, and power of dispos...
-Of The Mutual Rights Of Husband And Wife. Part 4
Rights of the wife in the lands of her husband. Dower. Dower previously to the act. (r), Stat.3& 4 Will. IV.c. 105. (s) I.itt ss. 36, 53;2 Black. Com. 131; I Roper's Husband and Wife,332. 1 Dower...
-Part II. Of Incorporeal Hereditaments
Our attention has hitherto been directed to real property of a corporeal kind. We have considered the usual estates which may be held in such property, - the mode of descent of such estates as are inh...
-Chapter I. Of A Reversion And A Vested Remainder
The first kind of incorporeal hereditament which we shall mention is somewhat of a mixed nature, being at one time incorporeal, at another not; and, for this reason, it is not usually classed with tho...
-Of A Reversion And A Vested Remainder. Part 2
Rent service. A deed Formerly unnecessary to the reservation of a rent. Act to amend the law of real property. Rent issues out of every part of the lauds. Distress. (m) Co. Litt. 142 a. (n) Litt...
-Of A Reversion And A Vested Remainder. Part 3
Actions at law. Rent service passes by grant of the reversion. Attornment. Fine. (f) Litt. ss. 228, 229, 572; Perk. s. 113. (g) Litt. ss. 561, 567, 568, 569; Co. Litt. 309 a, n. (1). (h) Shep. To...
-Of A Reversion And A Vested Remainder. Part 4
No tenure between particular tenant and remainderman. No rent service. Powers of alienation may be exercised concurrently. (s) Litt. s. 215. (t) Ante, p. 232. (u) Stat. 8 & 9 Vict. c. 106, s. 3; a...
-Of A Reversion And A Vested Remainder. Part 5
Rule in Shelley's case, as to estates in possession. As to estates in remainder. (f) Ante, p. 241. By parity of reasoning, a similar result would follow, if the remainder were to the heirs of the b...
-Chapter II. Of A Contingent Remainder
Hitherto we have observed a very extensive power of alienation possessed by a tenant in fee simple. He may make an immediate grant, not of one estate merely, or two, but of as many as he may please, p...
-Of A Contingent Remainder. Part 2
It is curious that so much pains should have been taken by modern lawyers to explain the reasons why a remainder to the heirs of a person, who takes a prior estate of freehold, should not have been he...
-Of A Contingent Remainder. Part 3
In Lord Coke's time, contingent remainders were well established. The doctrine now settled. Mr. Fearne's treatise. Definition of a contingent remainder. Example. (p) Fearne's Essay on the Learnin...
-Of A Contingent Remainder. Part 4
(x) Stat. 10 & 11 Will. in. c. (y) Doe v. Clarke, 2 H. Bl. 399; Blackburn v. Stables, 2 Ves. & Beames, 367; Mogg v. Mogg, 1 Meriv. 654; Trower v. Butts, 1 Sim. & Stu. 181. A contingent remainder ca...
-Of A Contingent Remainder. Part 5
3 T. Rep. 8G; Brudenell v. Elwes, 1 East, 452; Fearne's Posthuma, 215; Fearne, Cont. Rem. 502, 565, Bull, note; 2 Prest. Abst. The opinion which so generally prevails, that every man may make what di...
-Of A Contingent Remainder. Part 6
The expectant owner of a contingent remainder may be now living. Example. A possibility. A contingent remainder could not be conveyed by deed, but might be released. (t) Pitt v. Jackson, 2 Bro. C....
-Of A Contingent Remainder. Part 7
Merger. (i) Fearne, Cont. Rem. 286. (k) 2 Black. Com. 177. (l) Stat. 13 Edw. I. c. 1; ante, p. 41. vested estate intervening, a merger would have taken place of the life estate in the remainder in ...
-Of A Contingent Remainder. Part 8
To A. for life. To trustees during his life to preserve contingent remainders. (t) 8 & 9 Vict. c. 106. (u) Ante, pp.153, 154.. In a former part of this volume we have spoken of equitable or trust ...
-Chapter III. Of An Executory Interest
Contingent remainders are future estates, which, as we have seen (a), were, until recently, continually liable, in law, until they actually existed as estates, to be destroyed altogether, - executory ...
-Of An Executory Interest. Part 2
Springing and shifting uses. Executory uses anciently allowed by the Court of Chancery. The Statute of Uses. Executory uses still allowed. (d) Ante, pp. 151, 152. (e) Butl. n. (a) to Fearne, Cont....
-Of An Executory Interest. Part 3
The doctrine now abolished. Powers. Example. (n) Stat. 2?, & 24 Vict. c. 38, s. 7. (o) See Co. Litt. 271 b, n. (1), VII., 1. Bankruptcy. Judgment debts. New act. (p) Slat. 32 & 33 Vict. c. 71,...
-Of An Executory Interest. Part 4
The strict construction adopted by the Courts of law, in the case of instruments exercising powers, is in some degree counterbalanced by the practice of the Court of Chancery to give relief in certain...
-Of An Executory Interest. Part 5
Infants' marriage settlements. Sic. Ignorance of the nature of powers has caused disappointment of intention. A general power of appointment now executed by a general devise. (n) Sugd. Pow. 471, ...
-Of An Executory Interest. Part 6
Uses to bar dower. Special powers, Where the estate is of limited duration. (d) Fearne, Cont. Rem. 347, n.; Co. Litt, 379 b, n. (1). (e) Ante, p. 224. (f) Ante, p. 273. (g) Ante, pp. 246, 249. (h) ...
-Of An Executory Interest. Part 7
Remarks on the act. (x) Stat. 23 & 24 Vict. c. 145, s. 10. (y) Sect. 32. (z) Lord St. Leonards, Sugd. Pow. 877, 8th ed. Other kinds of special powers occur where the persons who are to take estates...
-Of An Executory Interest. Part 8
Directions that executors should sell lands of which others were seised to the testator's use. ou terres sont devisahles est, que on peut deviser que la terre sera vendu par executors, et ceo est bon...
-Of An Executory Interest. Part 9
Example. Sale or mortgage for payment of debts. Section II. Of the Time within which Executory Interests must arise. Secondly, as to the time within which an executory estate or interest must aris...
-Of An Executory Interest. Part 10
(n) Stat. 39 & 40 Geo. III. c. 98; Fearne, Cont. Rem. 538, n. (x). Mr. Thellnsson's will. Stat. 39 & 40 Geo. III. c. 98. (o) 4 Ves. 227; Fearne, Cont. Rem. 436, note. (p) Wilson v. Wilson, 1 Sim. ...
-Chapter IV. Of Hereditaments Purely Incorporeal
We now come to the consideration of incorporeal hereditaments, usually so called, which, unlike a reversion, a remainder, or an executory interest, are ever of an incorporeal nature, and never assume ...
-Of Hereditaments Purely Incorporeal. Part 2
Rights of common. Common of pasture. Commons. (h) Ante, p. 237. (i) Stat. 4 & 5 Anne, c. 16, s. 9; ante, p. 238. (k) Ante, p. 115. (l) 41 Geo. III. c. 10'.); see also stats. 3 & 4 Will. IV. c. 8...
-Of Hereditaments Purely Incorporeal. Part 3
Appurtenant incorporeal hereditaments arise by grant or prescription. Appurtenant rights of common and of way. Appurtenances. (i) Co. Litt. 121 b. (k) Harding v. Wilson, 2 B. & Cres. 96; Barlow v....
-Of Hereditaments Purely Incorporeal. Part 4
Now unnecessary. Registration of annuities now required. Creation of rent charges under the Statute of Uses. (u) Stat. 53 Geo. III. c. 141, explained and amended by stats. 3 Geo. IV. c. 92, and 7 G...
-Of Hereditaments Purely Incorporeal. Part 5
Estate In Fee Simple In A Rent Charge Where the yearly sum should not exceed 5 0 6 0 Should exceed 5 and not exceed 10 0 12 0 10 ...
-Of Hereditaments Purely Incorporeal. Part 6
Incorporeal hereditaments subject, as fax as possible, to the same rules as corporeal hereditaments. (b) Stat. 22 & 23 Vict. .c. 35, s.28. (c) Rivis v. Watson, 5 M. & W. 255. Another kind of separa...
-Of Hereditaments Purely Incorporeal. Part 7
Agreements fur resignation. History of advowsons of rectories. (m) Stat. 9 Geo. IV. c. 94. (n) The act reads one or two, but this is clearly an error. (o) Stat. 9 Geo. IV. c. 94, s. 4. (p) Sect. 5...
-Of Hereditaments Purely Incorporeal. Part 8
Tithes. Tithes in lay hands. Conveyances of tithes. (h) Stat. 27 Hen. VIII. c. 28, intituled, An Act that all Religious Houses under the yearly Revenue of Two Hundred Pounds shall be dissolved, an...
-Part III. Of Copyholds
Our present subject is one peculiarly connected with those olden times of English history to which we have had occasion to make so frequent reference. Everything relating to copyholds reminds us of th...
-Chapter I. Of Estates In Copyholds
With regard to the estates which may be holden in copyholds, in strict legal intendment a copyholder can have but one estate; and that is an estate at will, the smallest estate known to the law, being...
-Of Estates In Copyholds. Part 2
Waste. Customary-freeholds. The freehold is in the lord. (k) 1 Watk. Cop. 331; 1 Scriv. Cop. 526. See Doe d. Grubb v. Earl of Burlington, 5 Burn. & Adol. 507. (l) Britt. 164 b, l65a. See ante, p. ...
-Of Estates In Copyholds. Part 3
Estate tail in copyholds. (b) 1 Scriv. Cop. 63, 108; 1 Watk. Cop. 802. (c) Stat. 7 Will. IV. & 1 Vict, c. 26. (d) Sect. 3. (e) Ante, p. 21. (f) Sect. 6. (g) 1 Scriv. Cop. 64; 1 Watk. Cop. 303. (...
-Of Estates In Copyholds. Part 4
Entails now barred by surrender. Estate in fee simple. (b) Stat. 3& 4 Will. IV. c.74; ante, p. 47. (c)j Sect. 50. (d) See ante, p. 51. (e) Sect. 51. (f) Sect. 52. Debts. Crown debts. Judgment ...
-Of Estates In Copyholds. Part 5
(d) Bract. CO b; Fleta, lib. 2, cap. 57. (e) See Articuli observanda per provisionem episoporum Angliae, s. 25, Matth Paris, 951; Additamenta, p. 201 (Wats's ed. Lon. 1640). (f) By the custom of th...
-Of Estates In Copyholds. Part 6
Enfranchisement. The Copyhold Acts, 1852 and 1858. Compulsory enfranchisement. (l) Stats. 4 & 5 Vict. c. 35, b. 14; 15 & 16 Vict. c. 51, s. 41. (m) Stats. 4 & 5 Vict. c.35,88. 66, 50, 73, 74, 75; ...
-Chapter II. Of The Alienation Of Copyholds
The mode in which the alienation of copyholds is at present effected, so far at least as relates to transactions inter vivos, still retains much of the simplicity, as well as the inconvenience, of the...
-Of The Alienation Of Copyholds. Part 2
A surrender of copyholds may be made by a man to the use of his wife, for such a surrender is not a direct conveyance, but operates only through the instrumentality of the lord (t). And a valid surren...
-Of The Alienation Of Copyholds. Part 3
(d) Sect. 3. (e) Stat. 4 & 5 Vict. c. 35, ss. 88, 89, 90. Provision in favour of infants, married women, lunatics and idiots. (f) 1 Watk. Cop. 234; 1 Scriv. Cop. 355; Doe d. Bover v. True-man, 1 Ba...
-Of The Alienation Of Copyholds. Part 4
Separate use. Equitable estate tail may be barred by deed. Equitable estate cannot be surrendered. Exceptions. (q) Ante, p. 157 et seq. (r) See ante, pp. 214, 215. (s) See ante, pp. 47, 51 et se...
-Part IV. Of Personal Interests In Real Estate
The subjects which have hitherto occupied our attention derive a great interest from the antiquity of their origin. We have seen that the difference between freehold and copyhold tenure has arisen fro...
-Chapter I. Of A Term Of Years
At the present day, one of the most important kinds of chattel or personal interests in landed property is a term of years, by which is understood, not the time merely for which a lease is granted, bu...
-Of A Term Of Years. Part 2
Lease for a number of years. (i) Right d. Flower v. Darby, 1 T. Rep. 159, 163; and see Doe d. Lord Bradford v. Watkins, 7 East, 551. (j) Legg v. Hackett, Bac. Abr. tit. Leases (L. 3); S. C. nom. Leg...
-Of A Term Of Years. Part 3
Intresse termini. Bargain and sale. Lease for rears by estoppel. Exception, where the lessor has any interest. (b) Ante, p. 177. (c) Co. Litt. 47 b; Bac. Abr. tit. Leases and Terms for Years (O);...
-Of A Term Of Years. Part 4
Proviso for reentry. (l) Taylor v. Shum, 1 Bos. & Pul. 21; Rowley v. Adams, 4 M. & Cr. 534. (m) Sugd. Vend. & Pur. 478, note, 3rd ed. (n) Stat. 32 Hen. VIII. c 34, s. 2. 0) Ante, p. 236. (p) 1 Wm...
-Of A Term Of Years. Part 5
Statute of Frauds required writing to assign a lease. New enactment. Protection of purchasers against previous non-insurance against fire. 0) 29 Car. II. c. 3 , s. 3. (p) Stat. 8 & 9 Vict. c. 106,...
-Of A Term Of Years. Part 6
Bankruptcy. Underlease. Underlease for the whole term. (d) Stat. 27 & 28 Vict. c. 112; ante, p. 85. (e) Stat. 32 & 33 Vict. c. 71, s. 23. (f) Sect. 24. (g) See Sugd. Concise Vendors, 482; Cottee...
-Of A Term Of Years. Part 7
Renewable leases. Surrender in law. (b) Stat. 33 & 34 Vict. c. 93, s. 7. (c) Iggulden v. May, 9 Ves. 325 : 7 East, 237; Hare v.Burges, 4 Kay & J. 45. (d) Ice's case, 5 Rep. 11 b; Roe d. Earl of Be...
-Of A Term Of Years. Part 8
Terms are used for securing portions. Any estate of freehold is a larger estate than a term of years. Merger of the term. (p) Ante, p. 49. (q) Ante, pp. 22, 35, 59. (r) 3 Prest. Conv. 219. See an...
-Of A Term Of Years. Part 9
Estates held in autre droit. The term might have been kept on foot. (u) See 3 Prest. Conv.320, 321. (x) Doe d. Blight v. Pett, 11 Adol. & Ellis, 842; Jones v. Da-ries, 5 II. & X. 766; 7 II. & N 507...
-Chapter II. Of A Mortgage Debt
Our next subject for consideration is a mortgage debt. The term mortgage debt is here employed for want of one which can more precisely express the kind of interest intended to be spoken of. Every per...
-Of A Mortgage Debt. Part 2
Construction Of A Mortgage In Law For every 100/. and also for any fractional part of 100/. of the amount transferred, assigned or disponed s. d. 0 ...
-Of A Mortgage Debt. Part 3
Foreclosure. New enactment. (m) Coote on Mortgages, book 5, ch. 4. (n) Nanny v. Edwards, 4 Russ. 124; Eyre v. Hanson, 2 Beav. 478. (o) Stat. 7 Geo. II. c. 20, s. 2. In addition to the remedy by ...
-Of A Mortgage Debt. Part 4
Leasehold estates also frequently form the subjects of mortgage. The term of years of which the estate consists is assigned by the mortgagor to the mortgagee, subject to a proviso for redemption or re...
-Of A Mortgage Debt. Part 5
We have already defined a mortgage debt as an interest in land of a personal nature (s); and in accordance with this view, it was held that judgment debts against the mortgagee were a charge upon his ...
-Of A Mortgage Debt. Part 6
Act to explain. Mortgage of equity of redemption. (b) Stat. 30 & 31 Vict. c. 69. (c) Sect. 1. (d) Sect. 2. (e ) Stat. 4 & 5 Will. & Mary, c. 16, s. 3; sec Kennard v. Fut-voye, 2 Giff. 81. Tackin...
-Part V. Of Title
It is evident that the acquisition of property is of little benefit, unless accompanied with a prospect of retaining it without interruption. In ancient times conveyances were principally made from a ...
-Of Title. Part 2
Words which in themselves imply a covenant for quiet enjoyment. Demise. Give. Grant. Exchange. Partition. Grant, bargain and sell, in bargain and sale of lands in Yorkshire. (l) 3 & 4 Will. IV....
-Of Title. Part 3
Covenants by trustees. Sixty years' title required. Advowson. (z) Sugd. Vend. & Pur. 464, 13th ed. (a) Ibid. 463. (b) Cooper v. Emery, 1 Phill. (c) Sugd. Vend. & Pur. 281, 13th ed. (d) Ibid. 307....
-Of Title. Part 4
Statutes of limitation. Stat. 3 & i WE 4, c. 27. (s) See 3 Black. Com. 196,306, 307; stat. 21 Jac. I. c. 16; Sugd. Vend. & Pur. 608 et seq. 11th ed. (t) Stat. 9 Geo. III. c. 16, amended by stat. 24...
-Of Title. Part 5
(m) See ante, p. 186. (n) The writer met lately with an instance in which lands were, from pure inadvertence, sold as free from incumbrance, when in fact they were subject to a rent-charge, which had...
-Of Title. Part 6
Some mention should here be made of two acts of parliament which have recently been passed, one of which is intituled An Act to facilitate the Proof of Title to and the Conveyance of Real Estates (f...
-Appendix A. Of The Descent Of An Estate In Fee Simple
Referred to, p. 98. The ease of Muggleton v. Barnett was shortly as follows (a) : - Edward Muggleton purchased in 1772 certain copyhold property, held of a manor in which the custom was proved to be,...
-Appendix B. Of The Descent Of An Estate In Fee Simple
Referred to, p. 109. The point in question is as follows (a): Suppose a man to be the purchaser of freehold land, and to die seised of it intestate, leaving two daughters, say Susannah and Catherine,...
-Appendix B. Of The Descent Of An Estate In Fee Simple. Part 2
(b) Litt. sect 260. (c) Co. Litt. 172 b. At the end of the section of Littleton, to which we have referred, it is stated that the contrary is holden, M., 10 Hen. VI. scil.; that the heir may not ent...
-Appendix B. Of The Descent Of An Estate In Fee Simple. Part 3
(g) 8T. R. 211. 2. Let us now inquire into the course of descent of an fate in fee simple, according to the old law, in case the purchaser should have died, leaving two daughters, Susannah and Cather...
-Appendix B. Of The Descent Of An Estate In Fee Simple. Part 4
(k) Co. Litt. 164 a. Having now ascertained the course of descent among coparceners under the old law, whenever descent was traced from a purchaser, we are in a better situation to place a constructi...
-Appendix C. Of The Descent Of An Estate In Fee Simple
Referred to, p. 115. It has been remarked that the author differs from the view of the Court of Exchequer Chamber in the case of Lord Dunraven v. Llewellyn (a), without stating his reason (b). In tha...
-Appendix C. Of The Descent Of An Estate In Fee Simple. Part 2
We are of opinion, therefore, that the evidence of repu-tation offered in this case was, according to the well estab-lished rule in the modern cases, inadmissible, as it is in reality in support o...
-Appendix C. Of The Descent Of An Estate In Fee Simple. Part 3
The land was measured amongst the Saxons by hides and yard lands {virgatae), of which four usually went to a hide. Thus the Saxon Chronicle, in speaking of Domesday, says - So very narrowly, indeed,...
-Appendix C. Of The Descent Of An Estate In Fee Simple. Part 4
Distress. Tithes. The Statutes of Merton and Westminster the second. The lord's freemen. (c) Com. Dig. tit. Distress (C); 2 Inst. 132. (d) 1 Eagle on Tithes, 289,290. (e) Stat. 20 Hen. III. c. 4. ...
-Appendix C. Of The Descent Of An Estate In Fee Simple. Part 5
Common appendant need not be prescribed for. (s) Ante, p. 467. (t) Ante, p. 464 (u) Co. Litt. 122 a; Year Book, 21 Hen. VI., 10 a; Fitz.. Nat. Brev. 179, n. (J). (x) Co. Litt. 121 b. (y) Co. Litt....
-Appendix C. Of The Descent Of An Estate In Fee Simple. Part 6
(i) 1 Sharon Turner's Anglo-Saxons, 324, 325; 2 ib. 542, 543; Palgrave's Rise and Progress of the English Commonwealth,vol. l,pp. 26, 27, 28, 38, 77. (k) See Palgrave, vol. l,pp. 71 et seq. (l) P. 23...
-Appendix C. Of The Descent Of An Estate In Fee Simple. Part 7
Writ of novel disseisin of common of pasture. The remedy ascertained the right. (z) P. 866 of fol. edit, by Record Commissioners. (a) Vol. 2, p. 179. (b) Fitz. Nat. Brev. vol 2, p. In the case of ...
-Appendix D. Of A Modern Conveyance
Referred to, pp. 192, 292, 427. A Deed of Grant. This Indenture made the second day of January (a) [in the eleventh year of the reign of our Sovereign Lady Queen Victoria by the grace of God of the U...
-Appendix D. Of A Modern Conveyance. Continued
Testatum. Consideration. Receipt. Operative words. Parcels. General words. (c) If the deed were dated at any time between the month of May, 1841 (the date of the statute 4 & 5 Vict. c. 21; ante, ...
-Appendix E. Of The Mutual Rights Of Husband And Wife
Referred to p. 220, n. (a). On the decease of a woman entitled by descent to an estate in fee simple, is her husband, having had issue by her, entitled, according to the present law, to an estate fo...
-Appendix E. Of The Mutual Rights Of Husband And Wife. Part 2
(q) 3& 1 Will. IV. c. 106. (h) Sect. 2. (i) Appendix (B), ante, p. 449. But, by cariying our investigations a little further, wo may be disposed to doubt, if not to deny, that such is the law; not t...
-Appendix E. Of The Mutual Rights Of Husband And Wife. Part 3
(p) Co. Litt. 31 a. (q) 2 Black. Com. 131. (r) Litt. ss. 419, 421. (s) Co. Litt. 253 b. (t) Perk. 470. There still remains, however, the section of Littleton, to which we have before referred (y),...
-Appendix F. Of A Contingent Remainder
Referred to, p. 264. If the rule of perpetuity, which restrains executory interests' within a life or lives in being and twenty-one years afterwards, be, as is sometimes contended (a), the only limit...
-Appendix G. Of The Alienation Of Copyholds
Referred to, pp. 358, 360. The Manor of' Fairfield in the County of Middlesex. A General Court Baron of John Freeman Esq. Lord of the said Manor holden in and for the said Manor on the 1st day of Ja...









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