An Introduction to the Science of the Law: Shewing the Advantages of a Law Education, Grounded on the Learning of Lord Coke's Commentaries Upon Littleton's Tenures, Or as They are Called by Way of Distinction, "the Institute", with a View Either to the Bar, the Senate, Or the Duties of Magistracy |
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Page 21
... seisin in the devisor , analogous to that of the feoffor or grantor in the case of alienation by deed ; so that , by the law of Eng- land , a will or devise of lands does not operate by way of appointment of an heir generally , as in ...
... seisin in the devisor , analogous to that of the feoffor or grantor in the case of alienation by deed ; so that , by the law of Eng- land , a will or devise of lands does not operate by way of appointment of an heir generally , as in ...
Page 25
... seisin , for notoriety - sake ; as well that the rightful claimant might know against whom to bring his action , in the case of a disputed title , as also that the lord might run no risk of being defrauded of his feudal fines and ...
... seisin , for notoriety - sake ; as well that the rightful claimant might know against whom to bring his action , in the case of a disputed title , as also that the lord might run no risk of being defrauded of his feudal fines and ...
Page 40
... seisin , to the releasee . See Co. Litt . 275. b . and note 240. But where there are joint feoffees , and the disseisee re- leases to one of them , it operates for the benefit of each feoffee indifferently , because the feoffees have ...
... seisin , to the releasee . See Co. Litt . 275. b . and note 240. But where there are joint feoffees , and the disseisee re- leases to one of them , it operates for the benefit of each feoffee indifferently , because the feoffees have ...
Page 42
... seisin to the releasee , and he shall now hold out every other . And , thirdly , I object that there is another distinct species of release of which no notice whatever is here taken ; namely , a release per extinguisher le estate ; as ...
... seisin to the releasee , and he shall now hold out every other . And , thirdly , I object that there is another distinct species of release of which no notice whatever is here taken ; namely , a release per extinguisher le estate ; as ...
Page 50
... seisin , was allowed in those days of simplicity and truth ' . " But , according to this mode of reasoning , there should be no after - made defeazance allowed of a recognizance , or of a judgment , or of any other executory conveyance ...
... seisin , was allowed in those days of simplicity and truth ' . " But , according to this mode of reasoning , there should be no after - made defeazance allowed of a recognizance , or of a judgment , or of any other executory conveyance ...
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Common terms and phrases
action of debt action of waste afterwards ancestor ancient assumpsit attorn barony Blackstone Blackstone's Commentaries bona vacantia claim Coke's common law Comms consequently conveyance court court of equity covenant deed defect defendant descended devised dieth discontinuance disseisee disseisor distinction distrain doctrine droit educating and forming enter entry enure equally escheat estate-tail executor fee simple feoffee feoffment feudal freehold grant hath heir husband Ibid inheritance Institute issue in tail judgment land learning lease lessee lessor Litt Littleton livery of seisin lives ended Lord Coke lord of parliament matter maxim nature operation originally parliament particular estate parties plaintiff pleading possession principle privity prop proposition quod reason recovery release in law rent reversion Secondly seigniory seised seisin shew socage species statute statute of Anne student suppose tenant in tail tenure thing tion vested villein void warranty wife words writ writ of right
Popular passages
Page 19 - Wise men have said are wearisome; who reads Incessantly, and to his reading brings not A spirit and judgment equal or superior (And what he brings, what needs he elsewhere seek) Uncertain and unsettled still remains, Deep versed in books and shallow in himself, Crude or intoxicate, collecting toys, And trifles for choice matters, worth a sponge; As children gathering pebbles on the shore.
Page 33 - Yet undoubtedly the revealed law is of infinitely more authenticity than that moral system, which is framed by ethical writers, and denominated the natural law. Because one is the law of nature, expressly declared so to be by God himself; the other is only what, by the assistance of human reason, we imagine to be that law.
Page 46 - ... it is a rule, that an executory devise cannot be prevented or destroyed by any alteration whatsoever, in the estate out of which or after which it is limited.
Page 36 - To deny the possibility, nay, actual existence of witchcraft and sorcery, is at once flatly to contradict the revealed word of God, in various passages both of the Old and New Testament : and the thing itself is a truth to which every nation in the world hath in it's turn borne testimony, either by examples seemingly well attested, or by prohibitory laws ; which at least suppose the possibility of commerce with evil spirits.
Page 149 - In most of the nations on the continent, where the civil or imperial law under different modifications is closely interwoven with the municipal laws of the land, no gentleman, or at least no scholar, thinks his education is completed, till he has attended a course or two of lectures, both upon the institutes of Justinian and the local constitutions of his native soil, under the very eminent professors that abound in their several universities.
Page 147 - All bare his naked branches are display'd, And with his leafless trunk he forms a shade : Yet though the winds his ruin daily threat, As every blast would heave him from his seat ; Though thousand fairer trees the field supplies, That rich in youthful verdure round him rise ; Fix'd in his ancient state he yields to none, And wears the honours of the grove alone.
Page 74 - ... nobody else can. So also where a devise is of black-acre to A and of white-acre to B in tail, and if they both die without issue, then to C in fee ; here A and B have...
Page 232 - Mandeville, her late husband, on her body begotten; and it was adjudged that Roberge had an estate but for life, and the fee tail vested in Robert (heirs of the body of his father being a good name of purchase) and that when he died without issue, Mawde, the daughter, was tenant in tail as heir .of the body of her father, per formam doni; and the formedon which she brought supposed...
Page 232 - ... of the body of her father, which notwithstanding her brother was, and he was capable at the time of the gift ; and therefore when the gift was made she took nothing but in expectancy, when she became heir performam dont.
Page 231 - ... is the possession of the eldest son so as he is actually seised of the fee simple, and consequently the sister of the whole blood is to be heir.