Robinson on Gavelkind; Or, the Customs of Gavelkind, with Additions Relating to Borough-English and Similar Customs

Robinson on Gavelkind; Or, the Customs of Gavelkind, with Additions Relating to Borough-English and Similar Customs

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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. 1897 edition. Excerpt: ...of freehold;"jbd 'ff_" lands in gavelkind, charged with an ancestor's judgment-debt, merit? or statute-merchant, statute-staple, or recognizance in the nature thereof, when the co-heirs took the land by descent and proceeded to partition; in this case, if the part of one of them were extended for the whole debt, he might compel the others to make contribution, on the ground that their rights were equal. See Harbert's Case, 3 Rep. 11 b. Lord Coke mentioned certain difficulties that arose in Warranty. applying the rules of Warranty to land in gavelkind and borough-english. Co. Litt. 365 a, Butler, n. 1: Ibtd. 373 b. n. 2; Ibid. 376 a. Warranties were either implied or expressed; the implication under the word dedi was rendered unimportant by the Statute Quia Emptores, 18 Edw. 1, c. 1, and together with the implied warranties on exchange and partition it was extinguished by the Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 4. By an express warranty a grantor for himself and his heirs warranted the title of the grantee and his heirs, and undertook to provide an estate of equal value if the title failed. The grantor might have been himself warranted in the same way, so as to have a warranty paramount, by which he or his heirs might get a recompense for the loss incurred by the failure of title. The grantee whose title broke down " vouched," or calledupon, the grantor or his heirs for a defence or compensation; and the person so called upon might " vouch over," or call upon, the original warrantor, and was then said to " deraign " the warranty paramount. A warranty was said to be lineal to the title when the heir bound by the warranty might have taken the land by...show more

Product details

  • Paperback | 102 pages
  • 189 x 246 x 5mm | 195g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236863984
  • 9781236863980