A Treatise on Copyhold, Customary Freehold & Ancient Demesne Tenure: With the Jurisdiction of Courts Baron and Courts Leet

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Butterworths, 1867 - Copyhold - 579 pages

From inside the book

Contents

Surrenderee
29
INCIDENTAL QUALITIES
36
165
46
Upon Escheat or Forfeiture the copyhold Interest and all Customs
48
10
51
Tenants in common pay distinct Fines
52
Power to make exclusive Dispositions before and since the Act 1
64
Affecting Copy holds
65
Reference to 1 Vict c 26 for the Amendment of the Laws with
71
CHAPTER III
73
Disseisee
77
By a customary Heir
78
Reference to the Commutation and Enfranchisement Act 4 5
82
Persons incapacitated to take as Grantees
88
Of the Steward
91
As between a Trustee and the Cestui que trust
99
The Office and Power of the Steward
100
ib
102
What Acts of a Surrenderee before Admittance are good
104
The Copyholder should satisfy himself that the Lord is seised of
105
Whether it can be made by Attorney
106
The Effect of a Surrender as to contingent and reversionary Inte
114
But the Copyholder must have complied with any Forms prescribed
116
126
126
The Effect of a Power of Sale given to Executors or others
127
Surrenders to Charitable Uses and Mortmain
132
Effect of the Allotment and Award under an Inclosure Act as
144
When afterpurchased Lands would have passed
147
The Case of Rose Bartlett and other Authorities supporting
158
The Remedies for Fines and Amercements
159
An Estate may pass though there be a subsequent Misdescription
161
ib
169
ib
175
Courts interpose in all cases of Fraud
184
ib 407
189
CHAPTER VI
190
The Nature and Form of Admittance and by whom it may
197
Have ordered a Trustee to surrender though the Cestui que trust
198
How the Heir may be compelled to give Effect to the Ancestors
201
Executor and Administrator
207
ib
208
CHAPTER VII
216
By whom the Fine is to be assessed
217
By Tenants in common
232
By Coparceners
247
HeriotIs a Badge of the feudal System
252
A Purchaser cannot object that a Copyhold as described in ancient
254
394
268
ib 399
314
242
316
Subtraction of Suit
317
SECT 5
321
SECT 2
346
ib
351
Reference to 6 7 Vict c 85 for improving the Law of Evidence 355
361
When a Copyholder must prescribe in respect of Commons in
367
ib 196
373
CHAPTER XVI
380
Is not granted to compel a mere ministerial Officer to do his Duty
381
The Applicant must show a colourable Title
387
How the existence of a Custom is to be tried
389
ib
395
Copyhold Interest may be extinguished by the Annexation of
400
Of what Customs the Law takes Notice
403
Ancient
405
In order that the copyhold Interest may not still subsist and so drive
406
CHAPTER XVIII
413
ib
420
Rules of Pleading
427
Whether Admission without having a strict legal Title is not suffi
429
435
435
ib
441
Of Amercements
447
Treasure Trove
472
And are within the Rule as to marshalling Assets
474
479
479
Its Appendancy
487
ib
511
Whether Equity could have compelled a Partition between Joint
515
SECT 5
517
447
521
Reference to 3 4 Will 4 c 27 and 7 Will 4 1 Vict c 28 as
523
Since the Statute of Quia Emptores the Services rendered by
527
ib 352 353
535
Effect of a Disposition of the Manor as to Copy holds subsequently
538
CHAPTER XVII
542
When a Refusal to pay it will not be a Cause of Forfeiture
543
EXTINGUISHMENT
548
Of the Jury and their Presentments
553
And where the Custom is not general but admits of an Exception
563
Amendment of Court Rolls
572
The Term more immediately applicable to a Transfer of the copyhold
573
What Copyholders can prescribe against the Lord
577
An Action of Debt for a Fine limited to six Years by 3 4
3
Or by the Words Personal Estate when the Intention is manifest
23
ib 33
33

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Common terms and phrases

Popular passages

Page 343 - ... then such person, or the person claiming through him, may, notwithstanding the period of twenty years hereinbefore limited shall have expired, make an entry or distress, or bring an action to recover such land or rent...
Page 2 - STEPHEN'S NEW COMMENTARIES ON THE LAWS OF ENGLAND, partly founded on Blackstone.
Page 278 - A third rule respecting remainders is this : that the remainder must vest in the grantee during the continuance of the particular estate, or eo instanti that it determines.
Page 2 - I, c. 1, which directs, that, upon all sales or feoffments of land, the feoffee shall hold the same, not of his immediate feoffor, but of the chief lord of the fee, of whom such feoffor himself held it.
Page 409 - Tenure whatever, for the unexpired Residue, whatever it may be of any Term originally created for a Period of not less than...
Page 33 - Coke observes, although very meanly descended, yet come of an ancient house ; for, from what has been premised, it appears, that copyholders are in truth no other but villeins, who, by a long series of immemorial encroachments on the lord, have at last established a customary right to those estates, which before were held absolutely at the lord's will.
Page 248 - December, 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the lime at which the right to make such entry or distress, or to bring such action, shall have first accrued to some person through whom he claims...
Page 172 - ... his issue, unless a contrary intention shall appear by the will, by reason of such person having a prior estate tail, or of a preceding gift being, without any implication arising from such words, a limitation of an estate tail to such person or issue, or otherwise: Provided, that this act shall not extend to cases where such words as aforesaid import if no issue described in a preceding gift shall be born, or if there shall be no issue who shall live to attain the age or otherwise answer the...
Page 42 - ... it shall go to the executor or administrator of the party that had the estate thereof by virtue of the grant...
Page 343 - ... mentioned, or by any person claiming through him, but within forty years next after the time at which such right shall have first accrued, although the person under disability at such time may have remained under one or more of such disabilities during the whole...

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