Commentaries on the Laws of England,: In Four Books, Volume 2A. Strahan and W. Woodfall, law-printers to the King's most excellent Majesty, 1794 - Law |
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... ESTATES LESS than FREEHOLD . СНАР . Х. 140 Of ESTATES upon CONDITION . 152 CHA P. XI . Of ESTATES in POSSESSION , REMAINDER , and REVERSION . CHAP . XII . 163 Of ESTATES in SEVERALTY , JOINT - TENANCY , COPARCENARY , and COMMON . CHA P ...
... ESTATES LESS than FREEHOLD . СНАР . Х. 140 Of ESTATES upon CONDITION . 152 CHA P. XI . Of ESTATES in POSSESSION , REMAINDER , and REVERSION . CHAP . XII . 163 Of ESTATES in SEVERALTY , JOINT - TENANCY , COPARCENARY , and COMMON . CHA P ...
Page 103
... estates of freehold ; and , as no other estates were conveyed with the fame folemnity , therefore no others are properly freehold estates ( 1 ) . b c . 32 . Dr. & Stud . b . 2. d . 22 . d $ 59 . ( 1 ) A freehold eftate feems to be any ...
... estates of freehold ; and , as no other estates were conveyed with the fame folemnity , therefore no others are properly freehold estates ( 1 ) . b c . 32 . Dr. & Stud . b . 2. d . 22 . d $ 59 . ( 1 ) A freehold eftate feems to be any ...
Page 107
... estate , either by his death , or by a feoffment in fee , which amounts to a forfeiture , in the life - time of Richard , under which circumstances . the remainder never could veft in the heirs of Richard ; in that cafe , the grantor or ...
... estate , either by his death , or by a feoffment in fee , which amounts to a forfeiture , in the life - time of Richard , under which circumstances . the remainder never could veft in the heirs of Richard ; in that cafe , the grantor or ...
Page 107
... estate for life " . This very great nicety about the infertion of the word " heirs " in all feoffments and grants , in order to veft a fee , is plainly a relic of the feodal [ 108 ] ftrictness : by which we may remember it was required ...
... estate for life " . This very great nicety about the infertion of the word " heirs " in all feoffments and grants , in order to veft a fee , is plainly a relic of the feodal [ 108 ] ftrictness : by which we may remember it was required ...
Page 111
... estate into two parts , leaving in the donee a new kind of particular eftate , which they denominated a fee - tail " ; and vefting in the donor the ultimate fee - fimple of the land , expectant on the failure of issue ; which expectant ...
... estate into two parts , leaving in the donee a new kind of particular eftate , which they denominated a fee - tail " ; and vefting in the donor the ultimate fee - fimple of the land , expectant on the failure of issue ; which expectant ...
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Common terms and phrases
abfolute adminiſtration affigns againſt alfo alienation alſo anceſtors antient bankrupt becauſe blood cafe caſe chattels commiffion common law confent confequence confideration conveyance copyhold court court of equity creditors cuftom debts deceaſed deed defcend devife dower Edward Coke efcheat eftate Eliz emblements eſtabliſhed eſtate executor expreffed faid fale fame fecond fecurity fee-fimple feems feifed feifin feodal feoffment fervices feud fhall fhould fince firft firſt focage fome forfeiture fpecies freehold ftatute ftill fubject fuch fufficient fuppofed grant hath heirs hereditaments himſelf houſe huſband Ibid iffue Inft inheritance intereft itſelf John Stiles joint-tenants king laft lands laſt leafe Litt lord manor moſt muft muſt neceffary obferved otherwife perfon poffeffion prefent purchafor purchaſe purpoſe reaſon refpect remainder rent reverfion ſhall ſuch tail tenant tenements tenure thefe themſelves theſe thofe thoſe ufually unleſs uſe vefted veſted villein villenage void wife
Popular passages
Page 6 - Is not the whole land before thee? separate thyself, I pray thee, from me: if thou wilt take the left hand, then I will go to the right; or if thou depart to the right hand, then I will go to the left.
Page 449 - ... upon any agreement that is not to be performed within one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be In writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 6 - And Lot lifted up his eyes, and beheld all the plain of Jordan, that it was well watered every where, before the LORD destroyed Sodom and Gomorrah, even as the garden of the LORD, like the land of Egypt, as thou comest unto Zoar.
Page 123 - Therefore, if a man seised in fee-simple hath a son by his first wife, and after marries a second wife, she shall be endowed of his lands ; for her issue might by possibility have been heir on the death of the son by the former wife. But if there be a donee in special tail who holds lands to him and the heirs of his body begotten on Jane his wife : though Jane may be endowed of these lands, yet if Jane dies, and he marries a second wife, that second wife shall never be endowed of the lands entailed;...
Page 8 - The labour of his body, and the work of his hands, we may say, are properly his. Whatsoever then he removes out of the state that nature hath provided, and left it in, he hath mixed his labour with, and joined to it something that is his own, and thereby makes it his property.
Page 18 - land " includes not only the face of the earth, but everything under it or over it.
Page 117 - For though, as there are no words of inheritance, or heirs, mentioned in the grant, it cannot be construed to be a fee, it shall however be construed to be as large an estate as the words of the donation will bear, and therefore an estate for life.
Page 36 - Offices, which are a right to exercise a public or private employment, and to take the fees and emoluments thereunto belonging, are also incorporeal hereditaments, whether public, as those of magistrates, or private, as of bailiffs, receivers, and the like.
Page 122 - Tenant by the curtesy of England is where a man marries a woman seised of an estate of inheritance, that is, of lands and tenements in fee-simple or feetail, and has by her issue, born alive, which was capable of inheriting her estate. In this case, he shall, on the death of his wife, hold the lands for his life, as tenant by the curtesy of England.
Page 18 - For water is a movable, wandering thing, and must of necessity continue common by the law of nature; so that I can only have a temporary, transient, usufructuary, property therein: wherefore, if a body of water runs out of my pond into another man's I have no right to reclaim it.