A Digest of the Laws of England Respecting Real Property, 第 3 卷

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A. Strahan, 1818
 

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Of Presentation Institution and Induction 1 Presentation
13
Induction
15
Who may present
17
Infants
18
Joint Tenants
20
Coparceners
21
Tenants in Common
22
Effects of a Partition
23
Mortgagors may nominate
25
Who are disabled from presenting id
26
Examination of the Clerk
27
Of Simony
28
Institution
29
Sale of the Presentation during a Vacancy
31
Sale of the next Presentation good
32
Exception b 3J 77 Bonds of Resignation
38
TITLE XXII
46
Gardens
55
Of what Things mixed Tithes are due 56
56
Of what Things personal Tithes are due id
57
When it goes to the Executor and when to the Heir
59
Lords of Manors
60
What Estate they have
61
Of Exemptions from Tithes v
62
Prescription de mo Jo dccimandi
64
Prescription de non duimando
65
Remedies for Recovery of Rents
67
Act of Parliament
68
Nonpayment of Tithes cannot be pleaded against a Layman id
69
TITLE XXIII
82
Appendant
83
Appurtenant
84
Because of Vicinage
86
In Gross
87
Stinted Commons id
88
Common of Turbary
89
Common of Piscary
90
A Right to Common cannot be divested
92
Common may be apportioned id
93
Approvement of Common
97
Inclosure of Commons
102
Extinguishment of Common
104
TITLE XXV
117
What Offices may be granted to two Persons
125
When subjeft to Curtesy and Dower
133
Statute against Selling or Buying Offices
139
Acceptance of an incompatible Office
146
Destruction of the principal
147
TITLE XXVI
149
Dignities by Tenure
158
Cases where Dignities have gone with Lands
163
Dignities by Writ
171
The Person summoned must sit
172
Are Hereditary 74
177
Dignities by Charter id
178
On whom Dignities can be conferred
180
CHAP II
182
What Estate may be had therein
184
With a Remainder over
187
Dignities forfeited by attainder
196
Does not extend to entailed Dignities
197
Restitution of Blood 198
198
A Dignity may be lost by Poverty
200
Not within the Statutes of Limitation
202
CHAP III
204
Abeyance of Dignities
208
The Crown may terminate the Abeyance
211
Wreck
267
Estray
269
Treasure Trove
270
Deodands 371
271
Fairs and Markets
272
How Franchises may be claimed
274
How they may be lost
275
Surrender
276
Nonuser
277
TITLE XXVIII
280
Rent Service
281
Rent Seek _
283
Other Sorts of Rents id
284
What gives a Seisin of a Rent id
285
Upon what Conveyances and how 287
289
At what time payable
294
Of the Eftate which may be had in a Rent and its Incidents Page
296
id
301
id
302
An Estate in Fee 2 An Estate Tail id
303
Occupaucy of a Rent
304
Subject to Curtesy
305
And to Dower
306
May be granted in Remainder
307
Or to commence infuturo
308
Or to cease for a Time only
309
Cannot be divested
310
CHAP III
313
Apportionment of Rent Service at Law
320
By the Statute if Geo II
324
DESCENT CHAP I
329
Nature of a Title
330
Right of Possession
331
J Discontinuance of Estates
333
What constitutes a complete Title
334
CHAP II
337
But a Title may be deduced through an Alien
342
Or naturalized or made Denizens
343
CHAP III
348
4th CanonRight of Representation id
355
3a 5th CanonCollateral Descents
356
The Heir must be descended from the first Purchafer id
358
What Acts will alter the Descent
359
What Acts have not that Effect 353
364
Observations on Blackstones Doctrine of Descent
380
CHAP IV
412
A Right to a Remainder c descends to the Half Blood
415
An Ad of Ownership operates as a Seisin 418
418
Of Descent by Statute and Custom 1 Descent of Estates Tail
421
TITLE XXX
435
Of Escheat g 11 Escheats for Default of Heirs
437
Was not bound to execute a Use
464
3 Must be beyond Time of Memory
472
CHAP II
478
As to Write of Formedon
481
As to Entry on Lands
483
Possession
484
Statutes of Limitation
485
A Lease postpones the Right of Entry
487
Where a Second Right accrues anew Entry is given
499
The Entry must be on the Land
501
And followed by an Action
502
Savings in the Statute 11 Jac id
503
What are not within them id
504
Rents created by Deed id
506
Where Equity adopts the Doctrine of Limitations
508

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第 315 頁 - ... when the party by his own contract creates a duty or charge upon himself he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
第 127 頁 - III. c. 23, enacted at the earnest recommendation of the king himself from the throne, the judges are continued in their offices during their good behaviour, notwithstanding any demise of the crown...
第 185 頁 - I have laboured to make a covenant with myself that affection may not press upon judgment ; for I suppose there is no man that hath any apprehension of gentry or nobleness, but his affection stands to the continuance of so noble a name and house, and would take hold of a twig or a twine thread to uphold it.
第 363 頁 - John the elder died. John the younger suffered a common recovery to the use of himself for life, remainder to his wife for life, remainder to the heirs male of their two bodies, remainder to the use of the will of John the elder,
第 185 頁 - I heard a great peer of this realm, and a learned, say, when he lived there was no king in Christendom had such a subject as Oxford.
第 36 頁 - ... directly or indirectly, in his own name, or in the name of any other person or persons...
第 186 頁 - And yet Time hath his revolutions; there must be a period and an end to all temporal things —finis rerum — an end of names. and dignities, and whatsoever is terrene; —and why not of De Vere ?— for where is BOHUN? Where is MOWBRAY? Where is MORTIMER? Nay, which is more, and most of all, where is PLANTAGENET ? They are entombed in the urns and sepulchres of mortality!
第 508 頁 - But as often as parliament had limited the time of actions and remedies to a certain period, in legal proceedings, the Court of Chancery adopted that rule, and applied it to similar cases in equity. For when the legislature had fixed the time at law, it would have been preposterous for equity, which, by its own proper authority, always maintained a limitation, to countenance laches beyond the period that law had been confined to by parliament ; and, therefore, in nil cases where the legal right has...
第 376 頁 - VII. The seventh and last rule or canon is, that in collateral inheritances the male stocks shall be preferred to the female (that is, kindred derived from the blood of the male ancestors, however remote, shall be admitted before those from the blood of the female however near),- — unless where the lands have, in fact, descended from a female.
第 483 頁 - Parliament, or within twenty years next after any other title of entry accrued ; (4) and that no person or persons shall at any time hereafter make any entry into any lands, tenements or hereditaments, but within twenty years next after his or their right or title which shall...

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