Commentaries on the Law of Married Women Under the Statutes of the Several States, and at Common Law and in Equity Volume 1

Commentaries on the Law of Married Women Under the Statutes of the Several States, and at Common Law and in Equity Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1871 edition. Excerpt: ... be prejudicial or hurtful to the said wife or to her heirs, or to such as shall have right, title, or interest to the same by the death of such wife or wives; but that the same wife and her heirs, and such other to whom such right shall apportain after her decease, shall and may then lawfully enter into all such manors, lands, tenements, and hereditaments, according to their rights and titles therein; any such fine, feotfment, or other act to the contrary notwithstanding; fines levied by the husband and wife (whereunto the said wife is party and privy) only except. " VII. Provided furthermore, That this clause or act extend not to give any liberty to any such wife, or to her heirs, for to avoid any lease hereafter to be made of any the inheritance of the wife by her husband and in time beyond the continuance of his estate. This statute, it is perceived, dates back to the year 1537, nearly three quarters of a century anterior to the earliest English settlements in this country No reason appears why it was not applicable to the condition of the colonies; on principle, therefore, it is to be taken as a. part of our common law. In fact, it is believed to have been generally so received though there are States in which it is said not to have been adopted." 551. Strictly construed.--What is said of this statute by Bell4 is, slightly condensed, as follows: " These provisions are to be strictly construed; any omission of their requisites, therefore, will vitiate the lease, and cannot be supplied in equity however meritorious the consideration for it may have been; for, this power to lease being a legal one, courts of equity must, in the construction of the power, follow the law.1 her for term of one and twenty years more

Product details

  • Paperback | 264 pages
  • 189 x 246 x 14mm | 476g
  • United States
  • English
  • black & white illustrations
  • 1236869761
  • 9781236869760