CHAPTER VII.

OF ESTATES UPON CONDITION.

Forfeitures-Mortgages-Equity of redemption-Foreclosure-Power

PAGE

147

CHAPTER VIII.

OF ESTATES IN POSSESSION, REMAINDER, AND REVERSION.

I. Estates in possession.II. Estates in remainder-Executory de-

vises.—III. Estates in reversion-Merger

CHAPTER IX.

OF ESTATES IN SEVERALTY, JOINT-TENANCY, COPARCENARY, AND

COMMON.

I. Severalty.II. Joint-tenancy-Its properties and incidents.-

III. Coparcenary-Its incidents.- -IV. Tenancy in common-

incidents-Partition

150

-Its

152

CHAPTER X.

OF THE TITLE TO THINGS REAL.

Possession-Right of possession-Statute of limitations

CHAPTER XI.

OF TITLE BY DESCENT.

. 157

Lineal descent-Male succession-Female succession-Succession per

stirpes-Collateral succession-Half-blood-Canons of descent 160

CHAPTER XII.

OF TITLE BY PURCHASE, AND FIRST BY ESCHEAT.

Purchase-Escheat

At common law-Right of common, &c.-Right of way, &c.-Light-

170

171

CHAPTER XV.

OF TITLE BY FORFEITURE.

Alienation contrary to law-Disclaimer-Lapse-Simony-Breach of

condition-Waste-Breach of custom-Bankruptcy

PAGE

173

CHAPTER XVI.

OF TITLE BY ALIENATION.

Feudal restraints-Who may alien, and to whom-Corporations-

Infants-Femes-Covert

180

CHAPTER XVII.

OF ALIENATION BY DEED.

Deeds-Contents of deeds-Sealing and delivery-How avoided.-

Original Conveyances, viz.: Feoffment-Grant-Lease-Exchange

-Partition.- -Derivative Deeds, viz.: Release-Confirmation-

Surrender Assignment-Defeazance.- -Deeds under Statute of

Uses: Covenant to stand seised-Bargain and sale-Lease and

release.Other Deeds: Bonds-Recognizances-Defeazances. 183

CHAPTER XVIII.

OF ALIENATION BY MATTER OF RECORD.

Private acts of parliament-Letters patent-Disentailing deeds—

Vesting orders-Land registry

OF ALIENATION BY DEVISE.

Wills-Statute of wills-New Wills act

CHAPTER XXI.

201

206

208

OF THINGS PERSONAL.

Chattels real-Chattels personal

. 212

CHAPTER XXII.

OF PROPERTY IN THINGS PERSONAL.

In possession-Absolute and qualified property-In animals-In

things personal-Property in action-Damages-Partnership

property.

PAGE

214

CHAPTER XXIII.

OF TITLE TO THINGS PERSONAL BY OCCUPANCY.

Captures-Goods abandoned-Animals feræ naturæ-Emblements-

OF TITLE BY PREROGATIVE, AND CUSTOM.

Title by prerogative-to customs-to taxes, &c.-Copyright-Game-

Title by custom-to heriots-mortuaries-heir-looms

CHAPTER XXV.

OF TITLE BY SUCCESSION, MARRIAGE, AND JUDGMENT.

223

By succession-in corporations aggregate-and sole-By marriage-

to wife's chattels real-chattels personal-choses in action-para-

phernalia-By judgment—to damages-to costs

CHAPTER XXVI.

OF TITLE BY GIFT, GRANT, AND CONTRACT.

By gift-bills of sale-By contract-consideration-nudum pactum—

Sale or Exchange-Bailment-Hiring and Borrowing-Interest-

Insurance-Annuities-Debts-Bills of Exchange .

Petition

-

CHAPTER XXVII.

OF TITLE BY BANKRUPTCY.

Adjudication - Examination - Trustee-Proof of debts-

Discharge of bankrupt-Liquidation

CHAPTER XXVIII.

OF TITLE BY WILL AND ADMINISTRATION.

Executors-Administrators-Requisites of wills-Intestacy-Right to

administration-Duties of executors and administrators

227

231

246

253

BOOK THE THIRD.-OF PRIVATE WRONGS.

CHAPTER I.

OF THE REDRESS OF PRIVATE WRONGS.

Self-defence-Recaption of goods-Entry on Lands-Abatement of

nuisances-Distress for rent, &c.-Seizing heriots-Accord—Ar-

bitration-Retainer-Remitter-Courts of record and not of

record; solicitors; counsel.

CHAPTER II.

OF THE COURTS.

Piepoudre Court Baron-Hundred Court-Shiremote-County Court

-High Court of Justice - Common Pleas Division-Queen's

Bench Division-Exchequer Division-Chancery Division-Pro.

bate, Divorce, and Admiralty Division-Court of Appeal-House

of Lords-Courts of Nisi Prius

CHAPTER III.

OF COURTS OF A SPECIAL JURISDICTION.

Ecclesiastical Courts-Court of Arches-Judicial Committee of Privy

Council-Courts of Bankruptcy-Court of the Railway Commis-

sioners Stannaries-Courts of Cities and Boroughs, and Univer-

sities-Forest Courts-Commissioners of Sewers

CHAPTER IV.

OF THE COGNIZANCE OF PRIVATE WRONGS.

I. By Ecclesiastical Courts-Spoliation - Excommunication.—II.

By Probate, Divorce, and Admiralty Division-1. Testamentary

suits-2. Matrimonial causes, viz.: Divorce-Separation-Resti-

tution of conjugal rights-Nullity and validity of marriage—and

causa jactitationis matrimonii-and 3. Injuries on the high seas.

-III. By High Courts of Justice: Procedendo-Mandamus—

Prohibition

PAGE

262

272

288

294

CHAPTER V.

OF WRONGS AND THEIR REMEDIES, RESPECTING THE RIGHTS OF

PERSONS.

Injuries to life-Affecting limbs or body; threats, assault, battery,

&c.-Affecting health; nuisances.-Affecting reputation, viz.:

libel, slander, and malicious prosecution.-Affecting personal

liberty: false imprisonment; Habeas corpus, its history; action

for damages. Affecting relative rights of persons-of husband;

adultery of parent; abduction; action for seduction-of guar-

dian-of master and servant

PAGE

303

CHAPTER VI.

OF INJURIES TO PERSONAL PROPERTY.

In possession: unlawful taking-action of replevin, unlawful detainer

-action of detinue-trover. To property in action-debt-

covenant-promises-Statute of Frauds-Lord Tenterden's Act-

Action for work done-Goods sold-Money received-Money paid

-Accounts stated-Non-performance of undertakings-War-

ranties

315

CHAPTER VII.

OF INJURIES TO REAL PROPERTY; AND, FIRST, OF DISPOSSESSION,

OR OUSTER.

Action of ejectment; its history;—modern proceedings; damages in

ejectment; ejectment by landlord

CHAPTER VIII.

OF INJURIES TO REAL PROPERTY.

Trespass when justifiable-injunction. Nuisance: to corporeal and

incorporeal hereditaments-remedy. Waste: how punished or

prevented. Subtraction; as of fealty, rent, &c.-remedy by dis-

tress-where premises deserted. Disturbance of franchise-of

commons-enclosure-of ways-of tenure-of patronage-action

of quare impedit

325

333

CHAPTER IX.

OF EQUITY.

General nature of equity-Difference from law-Mode of proof-Mode
of trial-Mode of relief-Matters cognizable in courts of equity.
-I. Exclusive jurisdiction - Infants - Lunatics - Married
-Wife's equity-Charities-Trusts. II. Concurrent
jurisdiction - Injunction - Specific performance — Discovery—
Account-Administration of estates-Marshalling of assets-

women