The First Part of the Institutes of the Laws of England; Or, A Commentary Upon Littleton:: Not the Name of the Author Only, But of the Law Itself, Volume 2E. and R. Brooke, ... ., 1794 |
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The First Part of the Institutes of the Laws of England: Or, A ..., Volume 2 Sir Edward Coke Visualização completa - 1794 |
Termos e frases comuns
action afcun affets affife affignee againſt albeit alfo alienation appeareth attornement auter barre becauſe cafe caufe ceft celuy claime common law condition deed defcend dieth difcent difcontinuance diffeifee diffeifin diffeifor diverfitie divers donques doth dower droit eftate Eliz enter entrie eſtate fait fame fee fimple fee taile feifed feifin feigniorie feme feme covert feof feoffee feoffment feoffor fervices fes heires fhall fhould foit fome fonne forfque formedon freehold ftatute fuch fuit grant hath beene faid huſband iffint iffue land leafe leffee leffor Littleton livery lord mefme ment moruft obferved perfon plaintife plead poffeffion Poft poit prefent pur ceo pur terme reafon referving releaſe remainder remitter rent reverfion ſhall tayle tenant a terme tenant in taile tenements terme de vie terre thall tiel touts villein wafte warrantie wife word writ writ of right
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Página 327 - And it seemeth that the cause why it is called mortgage is, for that it is doubtful whether the feoffor will pay, at the day limited, such sum or not; and if he doth not pay, then the land, which is put in pledge upon condition for the payment of the money, is taken from him for ever, and so dead to him upon condition, &c.; and if he doth pay the money, then the pledge is dead as to the tenant, &c.
Página 316 - And if it happen the rent to be behind by a week after any day of payment of it, or by a month after any day of payment of it, or by half a year, &c., that then it shall be lawful to the feoffor and his heirs to enter, &c.
Página 327 - French, come mortgage, and in Latin, mortuum vadium. And it seemeth that the cause why it is called mortgage is, for that it is doubtful whether the feoffor...
Página 364 - For if a gift in ('Sp'ijJai) tail be made to a man and to the heirs of his body, and if he die without heirs of his body...
Página 335 - ... by the death of the feoffor. Also, it seemeth, that in such case where the feoffor dieth before the day of payment, if the executors of the feoffor tender the money to the feoffee at the day of payment, this tender is good enough; and if the feoffee refuse it, the heirs of the feoffor may enter, &c. And the reason is, for that the executors represent the person of their testator, &c.
Página 344 - where the condition is for payment of £20, the obligor or feoffor cannot at the time appointed pay a lesser sum in satisfaction of the whole, because it is apparent that a lesser sum of money cannot be a satisfaction of a greater. ... If the obligor or feoffor pay a lesser sum either before the day or at another place than is limited by the condition, and the obligee or feoffee receiveth it, this is a good satisfaction.
Página 368 - Also in such case where the inquest " may give their verdict at large, if they will take upon " them the knowledge of the law upon the matter, they "may give their verdict generally as it is put in their
Página 649 - Remitter is an ancient term in the law, and is where a man hath two titles to lands or tenements, viz., one a more ancient title, and another a more latter title ; and if he come to the land by a latter title, yet the law will adjudge him in by force of the elder title, because the elder title is the more sure and more worthy title.
Página 340 - Also, upon such case of feoffment in mortgage, a question hath been demanded in what place the feoffor is bound to tender the money to the feoffee at the day appointed, &c. And some have said, upon the land so holden in mortgage, because the condition is depending upon the land. And they have said, that if the feoffor be [upon the land there] ready to pay the money to the feoffee at the day set, and the feoffee be not then there, then the feoffor is quit and excused...
Página 644 - But ex vi termini, in legal understanding, it extendeth to estates, rights, and titles, that a man hath of, in, to, or out of lands; for he is truly said to have an interest in them...