A Treatise on Copyholds: Customary Freeholds, Ancient Demesne, and the Jurisdiction of Courts Baron and Courts Leet, Volume 1

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Butterworth, 1833 - 663 halaman

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Reference to the judgments of Sir George Lee on that
2
Customary Courts Baron
7
Authorities to the contrary
13
Due only on admittance
19
By what acts demesnes are severed and cease to be
21
ENFRANCHISEMENT
25
Effect of the Allotment and Award under an inclosure
27
Is payable by the purchaser
31
Of what customs the law takes notice
33
A limitation over on a general failure of issue is held
36
A general devise of real estates will not pass Copyholds
44
CHAP II
46
INCIDENTAL QUALITIES
55
Customary Estates Tail
59
328
65
That of special occupancy is applicable
69
N B Very important provisions as to the mode
70
by tenant in tail in possession
73
How to be enforced against coheiresses one of them being
75
The title to Copyholds may be tried by ejectment without
87
Customary Dower or Freebench
89
TRUST ESTATES
103
Of his Qualifications his grants
112
Sufficient for defendant to show a subsisting title out
113
TRUSTS EXECUTED
114
The possibility of issue and not the event constitute
119
The lord may have partial rights over the wastes of
125
What things are demisable by copy
126
The Office and Power of the Steward
134
When the trustees take the fee by implication
136
Whether it can be made by Attorney
157
The case of Riddell Jenner addenda
163
The intention is implied in favour of Creditors
170
The incapacity of a surrenderee until admittance
171
125
178
The case of Grant Astle confirmatory of the rule
181
D
185
Semble that an enfranchisement by tenant for life would
186
Estates limited to commence IN FUTURO
195
When the Courts of common law will grant a rule for
196
The case of Boddington Abernethy
212
Surrenders on Condition and Release of Right
241
Customary heir 3578
250
The revocable nature of a Surrender
251
A Surrender to Will desirable even since the Act of 55
262
Effect of a surrender by a joint tenant
278
CHAP V
291
A mere direction to transfer is not equivalent to a devise
305
Whether under a general devise of lands copyholds of
308
A fee may be implied from other limitations in the Will
314
196
321
When a devise on condition to pay a certain sum is
329
Distinction in this respect between copyholds and custom
332
And Assignees of Insolvent Debtors
373
By a Grantee for life in reversion
378
The lord not justified in refusing it where there is a colour
379
134
383
To be set in all cases according to the improved value
386
The case of Taylor Pembroke on this point
394
Certainty or uncertainty of fine how to be decided
403
By tenants in common
411
VOL I
417
By whom the fine is to be assessed
419
Fealty
428
149
432
Rent of Assise
433
325
437
HERIOT CUSTOM
440
588
446
On a reunion of undivided shares one heriot only can
447
CHAP IV
455
Multiplication and Extinguishment
459
SURRENDER
466
428
473
How to be made and into whose hands
479
The lord partakes of trusts expressed in or refer
481
430
484
205
491
TREES AND MINES
499
Or bounded by the sea shore
500
326
508
483
516
And of land held under the lords title by forfeiture
521
210
526
217
532
601
556
Nature of real injuries
563
277
564
Limitation of Possessory Actions
573
The estate must be described with great precision
582
Whether a purchaser is affected with notice of the contents
588
DEVISE
592
Where by the custom the lord may inclose as against
595
63
599
Other cases involving particular points of pleading 609 et
612
485
613
Subject however to relief in equity as on a defective exe
616
If he leave sufficient common he may open Mines
618
Having a remedy in equity is no answer to an applica
623
To compel the acceptance of a surrender
629
How to proceed if the manor belong to the King
638
And where the custom is not general but admits of
639
CHAP XVII
645
Is extinguished by a release to the grantee of the freehold
646
Whether an enfranchisement is produced by a release
653
To operate a merger the equitable and legal estate must
659

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Halaman 363 - directs that all powers vested in the bankrupt, which he might legally execute for his own benefit, (except the right of nomination to any vacant ecclesiastical benefice,) may be executed by the assignees for the benefit of the creditors, in such manner as the bankrupt might have executed the same; and by the
Halaman 239 - inrollcd in the High Court of Chancery within six calendar months next after the execution thereof;" and such settlement must be made to take effect in possession for the charitable use intended, and be without any power of revocation, trust, or condition, for the benefit of the donor, or any person claiming under him
Halaman 16 - which was an action of trespass for breaking and entering the plaintiff's close, and cutting down and prostrating the pales and fences standing therein, and there was a justification under an alleged right of common of pasture over the locus in quo, various instances were proved, from 1632, of grants by the lord of the manor of
Halaman 146 - but this case is by no means to be relied on as an authority in favour of Mr. Watkins's proposition. Chief Baron Gilbert, in noticing the case, thus expresses himself: " Copyholder in fee comes into court, and there accepts a copy to himself for life, remainder to his wife for life, remainder to his son for
Halaman 227 - and Sir RP or either of them, shall be minded to sell and dispose of the said premises in S. aforesaid, or any part thereof, that then and in such case it shall and may be lawful to
Halaman 72 - by his marriage settlement, conveyed a freehold estate to the use of himself for life, with remainder to his first and other sons successively in tail, with remainder to his sons by any future marriage, in like manner, with a limitation over to collateral relations.
Halaman 433 - observes, that if a person seised in fee of freehold lands, (by which must be meant freehold lands subject to heriot service by ancient tenure,) grant to A. for life, with remainder to B. for life, with remainder to C. for life, with remainder to D. in fee;
Halaman 75 - be good against the said bankrupt, and the issue of his body, and against all persons claiming under him, after he became bankrupt, and against all persons whom the said bankrupt, by fine, common recovery, or any other means, might cut off or debar from any remainder, reversion, or other interest, in or out of any of the said lands, tenements, and hereditaments
Halaman 308 - It has been decided by the House of Lords, that a power of revocation reserved to A. by any writing under his hand and seal attested by two or more credible witnesses, and of appointing new uses by the same or any other deed, may be exercised by the

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