A General View of the Decisions of Lord Mansfield in Civil Causes Volume 1

A General View of the Decisions of Lord Mansfield in Civil Causes Volume 1

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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. 1803 edition. Excerpt: ...would devolve upon him the inftant of the death of the tenant for life. 2. As to the fecond point, powers are now a common modification of property jn land; and as fuch, are to be carried into effect according to the intention of thofe who create them. There is no ground, or reafon of equity, or policy, between the tenant for life and the remainder man, for leaning, on either fide. It is apparent from the ftatutes.of 32 Hen. 8 c. c8. and 13 Eliz. c. 10. that the legiflature meant to confine the authority to let, to lands which had been formerly letten, and were capable of producing profit. This is the true conftruction, if not from the exprefs words ufed, yet by neceflary implication. In the cafe of Bagot and Oughton, Fortefc. 332, which has been much relied upon, the nature of the thing mewed that the power could not be meant to extend to letting the ancient manor houfe at all; much lefs to letting it without referving any rent. In a family fettlement of an eftate, confifting of fome ground always together with the feat, and of lands let to tenants upon rents referved, the qualification annexed to the power of leafing, that the ancient rent muft be referved, manifeftly excludes the manfion-houfe and lands about it, never let. No man could intend to'authorize a tenant for life to deprive the reprefentative of the family of the ufe of the manfion-houfe. The words in fuch a cafe, fhew, that the power is meant to extend only to what has been ufually let. By that means the heir enjoys all the premifes in the fettlement, juft as they were held and enjoyed by his anceftor, the tenant for life: he has the occupation of what was always occupied, and the rent of what was always let. We all therefore agree as to the rectitude of the decifion in Bagot v. O.
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Product details

  • Paperback | 154 pages
  • 189 x 246 x 8mm | 286g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236677625
  • 9781236677624