Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 47

Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 47

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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. 1847 edition. Excerpt: ... trusts. The common law originally admitted of no immediate estate in lands which was not clothed with seisin and possession. But in process of time, owners conveyed with livery of seisin to some friend, with a secret agree ment, that he should hold it for the use of the grantor or some third person. The person to whom the use was limited, called the cestui que use, depended entirely on the good faith of the grantee or feoffee to uses. His rights, therefore, were precarious, and, in many cases, failed for want of a remedy. As these conveyances, if not devised, were at least greatly encouraged by the ecclesiastics, as a means of evading the restraints of the mortmain acts, the clerical chancellors, who were learned in the civil law, devised a remedy in their courts. They considered the limitation of a use as similar to a fidei-commissum, and binding in conscience. They, therefore, extended to those cases the same remedy that the Emperor Augustus directs the consuls to afford to compel the hceres fiduciarius, to perform the mist on which property may have been bequeathed to him. These trusts were a source of fraud; and the statute of 27 Hen. VIII. called the Statute of Uses, was enacted for the purpose of putting an end to such conveyances, and to subject uses to the rules of the common law. They are declared, in the preamble to the act, to be subtle inventions devised for the purposes of fraud. That statute enacts, that persons seised to uses should be deemed, for all purposes, to have the same estate in the land, that by the conveyance they had in the use. Thus was restored the simple form of conveyance known to the common law. The use was declared to be united to the seisin, and the cestui ue use, by force of the statute, became the...
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Product details

  • Paperback | 282 pages
  • 189 x 246 x 15mm | 508g
  • United States
  • English
  • black & white illustrations
  • 1236969995
  • 9781236969996