Gambar halaman
PDF
ePub
[merged small][merged small][ocr errors][merged small]

BY THE RIGHT HONOURABLE
SIR JOHN COMYNS, KNIGHT,
LATE LORD CHIEF BARON OF HIS MAJESTY'S COURT OF EXCHEQUER.

THE FIFTH EDITION, CORRECTED,
(WITH CONSIDERABLE ADDITIONS TO THE Text)
AND CONTINUED FROM THE ORIGINAL EDITION TO THE PRESENT TIME ;

TO WHICH IS ADDED,
A DIGEST OF THE CASES AT NISI PRIUS,
BY ANTHONY HAMMOND, Esq.

OF THE INNER TEMPLE.

THE FIRST AMERICAN, FROM THE FIFTH LONDON EDITION.

WITH THE ADDITION OF

THE PRINCIPAL AMERICAN DECISIONS.

BY THOMAS DAY, Esq.

VOL. IV.

ESTATES-LIBERTIES.

PHILADELPHIA :
J. LAVAL AND SAMUEL F. BRADFORD,

AND
COLLINS & HANNAY,

NEW YORK.

SOUTHERN DISTRICT OF NEW-YORK, 88. BE IT REMEMBERED, that on the 21st day of June, A. D. 1824, in the 48th year of the Independence of the United States of America, Collins & Hannar of the said District, have deposited in this office the title of a Book, the right whereof they claim as Proprietors, in the words following, to wit:

A Digest of the Laws of England. By the right honourable Sir John Comyns, Knight, late Lord Chief Baron of his Majesty's Court of Exchequer. The fifth edition, corrected, (with considerable additions to the text) and continued from the original edition to the present time ; to which is added, a Digest of the cases at Nisi Prius, By Anthony Hammond, Esq. Of the Inner Temple. The first American from the fifth London Edition. With the addition of the principal American decisions. By Thomas Day, Esq.

In conformity to the act of the Congress of the United States, entitled, “ An Act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned ;” and also to an act, entitled, “ An Act supplementary to an act, entitled, An Act for the encouragement of learning, by securing the copies of maps, charts and books, to the authors and proprietors of such copies during the times therein mentioned ; and extending the benefits thereof to the arts of designing, engraving and etching historical, and other prints."

JAMES DILL,
Clerk of the Southern District of New-York.

E. & G. Merriam, Printers,

Brookfield, Mass.

A

DIGEST

OF THE

LAWS OF ENGLAND.

[The figures in this work refer to the original pages us numbered at the bottom.]

ESTATES, BY GRANT.(a) (A) ESTATE IN FEE SIMPLE.

(A 1.) Of what things a man may have it. p. 4.
(A 2.) By what words. p. 5.
(A 3 ) By what means. p. 8.
(A 4.) When there may be a fee upon p.

9.
(A 5.) When it may be variable. p. 10.
(A 6.) What shall be a fee simple qualified or condi-

tional. p. 10. (A 7.) What would be a performance of the condition.

a fee.

p. 11.

(A 8.) The effect of the condition performed. p. 12. (B) ESTATE TAIL.

(B 1.) The commencement of it. p. 12.
(B 2.) What tenements may be entailed. p.

13.
(B 3.) By what words an estate tail shall be created.

p. 14.

(B 4.) Tail general, what shall be. p. 18.
(B 5.) Tail special, what shall be. p. 18.
(B 6.) Gift in frank-marriage. p. 20.
(B 7.) Issue in tail ; how he takes. p. 22.
(B 8.) He takes per formam doni, though he be not

heir.

p.

22.

(a) la contradistinction to estates by Devise.

(B 9.) Must convey his descent wholly through males,

&c. p. 23. [*](B 10.) A reversion; what shall be.

p.

23. (B 11.) Of what account. p. 24. (B 12.) By what words it passes. p.

24. (B 13.) A remainder; what shall be a good one. p. 25. (B 14.) What not; if it be not supported by a particu

lar estate. p. 28. (B 15.) Or the particular estate be destroyed before

the remainder be vested. p. 29. (B 16.) What remainder shall be contingent. p. 31. (B 17.) What shall be vested. p. 35. (B 18.) When an estate shall be executed, and not re

main. p. 36. (B 19.) A remainder; by what words created. p. 38. (B 20.) When it shall take effect.

p.

38. (B 21.) A gift in tail, with a fee expectant. p. 38. (B 22.) Alienation by tenant in tail ; what does not bar

the issue. p. 39. (B 23.) What shall be void. p. 39. (B 24.) What only voidable. p. 39. . (B 25.) What bars the issue : A fine with proclamations.

p. 40.

(B 26.) A real recovery, &c. p. 43.
(B 27.) A common recovery ; what interest shall be

barred by it. p. 43.
(B 28.) If it be with single voucher. p. 44.
(B 2.) If it be by tenant in tail as vouchee. p. 45.
(B 30.) What interest is not barred. p. 45.
(B 31.) If the reversion, or remainder, be in the king.

p. 46.

p. 51.

(B 32.) A demise pursuant to the st. 32 H. 8. p. 47.
(B 33.) How an alienation by tenant in tail operates as

to himself. (C) AN ESTATE TAIL AFTER POSSIBILITY OF ISSUE EXTINCT. (C 1.) What shall be. p.

52. (C 2.) In what respects tenant in tail after possibility,

&c. is regarded only as tenant for life. p. 54. (C 3.) What privileges he claims above a tenant for

life. p. 54.

« SebelumnyaLanjutkan »