A Digest of the Laws of England, Respecting Real Property

A Digest of the Laws of England, Respecting Real Property

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1823 edition. Excerpt: ...which have been stated, 'ep' the word seisin is used generally and indefinitely. But it has 481 been resolved, that as to a vrit of right, it shall be intended of an actual seisin; and as to avovrics, it shall extend to a seisin in law, as well as to a seisin in fact. 'to)rjoritsof 11. By the statute 21 Ja. I. c. 16. 1. it is enacted, "That all writs nt formation in descender, ftfmedon in remainder nnAformedon in revcrter, of any manors, lands, tenements, or other hereditaments whatsoever, at any time thereafter to be sued or brought, by occasion or means of any title or cause thereafter happening, shall he sued or taken within 20 years next after the title and cause of action first descended or fallen; and at no time after the said 20 years." 12. It has never been determined whether, under this statute, a person claiming an estate tail by descent, is barred by the neglect of the preceding person entitled to the estate tail, in not making an entry or bringing a writ ol'/ormedon, within twenty years from the time his title accrued. Tit. 29. c. 5. It may be contended that he is not barred because the issue ' b in tail do not take in the character of heir to their immediate 3 Rep 'i l predecessor, but as issue of the body of the first donee, and descri i p Vn.s, pj as 8UC, jn ti, e original gift of the estate tail; and are Ihcre -Ves. 634. f()re nt affected by any act of their ancestors. That where a person becomes entitled to an estate tail, as son, nephew, or cousin to the person last seised of it; a new tide and cause of action first descends to him, as issue of the original donee, and so he is v, it iiiii the letter of the statute; and has a new period of 0 years to bring his/ormedoH. That although a tenant in tail may...show more

Product details

  • Paperback | 342 pages
  • 189 x 246 x 18mm | 612g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236549791
  • 9781236549792