A Digest of the Laws of England Respecting Real Property, Band 5

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Licentia Concordandi
77
Concord
83
Similar to a Judgment
85
Against whom 279
86
Note
87
All the Proceedings on Fines must be recorded
89
No Averment against the Record of a Fine
91
Exception
93
Motions to prevent Fines from being completed
94
Felony to acknowledge a Fine in the Name of another
95
When it begins to operate
96
Of the Proclamations
99
CHAP III
101
Sur Concessit
106
Fine sur Cognizance de Droit come ceo c
107
CHAP IV
111
Court of Common Pleas
112
Of the County of Lancaster
113
Of the County of Chester
114
Of the City of Chester id
115
Of the Great Sessions in Wales
116
Of the Isle of Ely id
118
Who may take the Acknowledgement of Fines
119
Commissioners under a Writ of Ded Pot id
124
Rules of Court on this Subject
126
CHAP V
130
The King
131
Joint Tenants Coparceners and Tenants in Common
135
Who are incapable of levying Fines id
144
ExceptionInfant Trustees
147
Idiots and Lunatics
148
Corporations
150
Every Species of Real Property
152
CHAP VII
160
Names of the Parties not amended
167
Of the Statute of Nonclaim
175
And in a Trust Estate
179
And in an Adrowson
193
Fines in Inferior Courts no bar to Issue in Tail
198
CHAP X
199
Lay Corporations 200
200
Married Women id
201
As to their own Estates
202
As to Dower and Jointure
203
Effect of a Covenant that a married Woman shall levy a Fine
207
Trust Estates
208
Terms for Years
211
Copyholds
213
Estates held by Statute Merchant c
214
Powers Appendant and in Gross id
216
A Right of Entry
218
Writs of Error
219
CHAP XI
220
And Persons having Offices
235
And Strangers having different Rights id
238
Exceptions in favour of Infants c
239
Page
241
Case of Persons dying under their Disabilities
246
Sometimes operates as a Release or Grant
250
Estate
261
CHAP XIII
263
Ecclesiastical Corporations
264
Estates not divested
265
Or where the Possession is not adverse
268
A Rent Right of Way and Common
270
Estates in Dower and Jointures
273
Estates Tail of the Gift of the Crown for Services
274
Reversions in the Crown id
275
CHAP XIV
276
The Parol demurs for Infancy
281
Manner of Reversal
282
Must be brought within Twenty Years id
283
Writ of False Judgment 284
284
CHAP II
327
Tenant to the Præcipe who must have the Freehold
330
At what time the Tenant must have the Freehold
335
Leases for Lives need not be surrendered 239
341
A Surrender is sometimes presumed
342
How a Tenant to the Præcipe may be made
352
Though no Use be declared
353
Tenant to the Præcipe
355
Feoffment
357
Grant
378
Bargain and Sale enrolled
379
A Recovery sometimes good without a Tenant to the Præcipe
380
CHAP III
381
Of Judgment
392
It relates to the Returnday of the Writ
393
But cannot relate to a Sunday
404
Of Execution
409
May be had against the Heir
410
All the Proceedings in Recoveries may be enrolled
413
After 20 Years the Deeds to make a Tenant to the Præcipe are sufficient Proof of a Recovery
414
CHAP IV
416
Of Great Sessions in Wales
417
Rents
418
But not of a Fishery
419
Who may suffer a Recovery
428
Who are disabled from suffering Recoveries
429
Persons attainted
430
ExceptionInfant Trustees
433
Tenants for Life
434
CHAP VI
436
1o Description of the Estates
438
Judgment
440
There must be something to amend by id
441
CHAP VII
443
Effect of a Recovery in barring particular Persons Estates and Interests 2 Parties
475
Trust Estates
477
Powers appendant and in gross
484
But not Powers collateral
485
Conditions and conditional Limitations id
490
CHAP IX
492
Exception
500
CHAP X
508
Estates in Dower and Jointures
509
Estates held Jure Uxoris
515
Estates Tail granted by the Crown for Services
517
Reversions vested in the Crown
528
Estates held by Elegit
529
Executory Devises
530
CHAP XI
531
There must be a Writ of Scire facias
533
The Parol demurs for Infancy
534
What may be assigned for Error
535
Must be brought within Twenty Years
550
How it may be barred
551
A Recovery may be falsified id
552
Courts of Equity
553
TITLE XXXVII
557
Surrender
559
Who may surrender
561
What Estate may be surrendered
563
Presentment
565
Admittance 566
566
Who may admit
568
The Admittance must be according to the Surrender id
569
The Admittance relates back to the Surrender
570
Surrenders by way of Mortgage
577
A Surrender will not destroy a contingent Remainder
578
A Surrender and Resurrender alters the Descent
580
Construction of Surrenders id
583
A Surrender is sometimes supplied in Equity
591
CHAP II
593
Effect of such a Recovery on a Descent
598

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Seite 538 - From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court...
Seite 27 - And be it further enacted, that this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded.
Seite 368 - Mansfield in regard to another branch of law, that "the more we read, unless we are very careful to distinguish, the more we shall be confounded.
Seite 18 - ... fees, views of frankpledge, escheats, reliefs, mines, quarries, goods and chattels of felons and fugitives, felons of themselves, and put in exigent, deodands, free warrens, and all other royalties and seigniories, rights and jurisdictions, privileges and hereditaments whatsoever.
Seite 260 - ... shall be utterly void and of none effect, to all intents, constructions and purposes ; any law, custom, or usage to the contrary anyways notwithstanding.
Seite 538 - Court: secondly, that the judgment of a court of exclusive jurisdiction, directly upon the point, is, in like manner, conclusive upon the same matter, between the same parties, coming incidentally in question in another Court, for a different purpose. But neither the judgment of a concurrent or exclusive jurisdiction is evidence, of any matter which came collaterally in question, though within their jurisdiction ; nor of any matter incidentally cognizable ; nor of any matter to be inferred by argument...
Seite 365 - Seisin is a technical term to denote the completion of that investiture by which the tenant was admitted into the tenure, and without which no freehold could be constituted or pass.
Seite 118 - Scavengers and to Displace all or any of them and to put others in their rooms and to add to or Diminish...
Seite 367 - A particular tenant, according to feudal notions, was in as of the seisin of the fee, of which his estate was a part If he aliened the fee (which he could only do by solemn feoffment, with the concurrence of the lord of whom the fee was held), he forfeited his particular estate, for having betrayed his seisin with which he was intrusted : but on account of the privity and confidence between him and the reversioner, and the notorious solemnity of the act of investiture, his feoffment disseised the...
Seite 41 - Corpus, according to the true intent and meaning of this act, may be directed and run into any county palatine, the cinque ports, or other privileged places within the kingdom of England, dominion of Wales, or town of Berwick-upon-Tweed, and the Islands of Jersey or Guernsey ; any law or usage to the contrary notwithstanding.

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