Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	age_n	hold_v	ward_n	1,360	5	10.5095	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A01287	A direction or preparatiue to the study of the lawe wherein is shewed, what things ought to be obserued and vsed of them that are addicted to the study of the law, and what on the contrary part ought to be eschued and auoyded.	Fulbecke, William, 1560-1603?.	1600 (1600)	STC 11410; ESTC S102759	95,054	195

worke seueral thinges in one instant as if a disseisor make a lease for yeres and after he and the disseisee release by one deed to the tenant for yeres the Law adiudgeth the release of the disseisor first to take effect and after the release of the disseisee for there is no priuity nor estate in the lessee vpon which the release of the disseisee may inure if the Law doe not make such construction If the tenant for thirtie yeres make a lease for tenne yeares and they both surrender to him in the reuersion the surrender is good for both estates and yet the lessee for tenne yeares coulde not surrender by himselfe for defaulte of priuitie but when the other ioineth with him his surrender shall hee taken to goe before and the other to followe it Likewise if the tenaunt for terme of life surrender to the grauntee of the reuersion this is both an Attournement and also a Surrender So if a man haue land by discent by the Mother side and leaseth it for yeares the lessee couenanteth and graunteth to pay yerely to the lessour and his heires xx s. the lessor dyeth the Law in a moment will conuey the reuersion to the heire of the part of the Mother and the twenty shillings to the heire of the Fathers side because it is a sūme in grosse 8 By intendement and admittance of Law a thing suspended may bee reuiued for if the donour disseise the donee in taile and after maketh a feoffement and the tenant in taile reentreth nowe the feoffee shall haue the reuersion So if the heire in taile entreth vpon the discontinuee and maketh a feoffement vpon condition and for the condition broken reentreth and after a recouerie is had by the discontinuee the issue in taile is now restored to his first action and the entaile is reuiued for by the breach of the condition the feoffement is disanulled Tenant for life the remainder in taile the remainder in fee to the heires of the tenant for terme of life graunteth a rent charge in fee this shall charge the land during his life but it shall be suspended during the entaile and after the entaile determined it shall be reuiued and shall charge the heire of the tenant for life 9 The Law altereth the nature or substance of a thing by matter ex post facto A man seised of lande in right of his wife entreth into religion the wife alieneth the husbande is deraigned the husband may reenter into the land So if a man bee indebted to a villaine who recouereth in an action of debt and after the debtour purchaseth the mannor to which the villain is regardant and after alieneth it the villaine may nowe haue execution If a man make a lease for terme of an other mans life rendring rent and the arrerages incurre the lessor shall not haue an action of debt because he hath a franktenement in the rent but if Cesty que vie die now is the freehold as to the rent conuerted into a chattell and nowe he shall haue an action of debt Likewise a deuorce altereth the estate of frankemariage into a bare freehoold If a man adde a condition to a single Obligation after the deliuery this maketh the Obligation void for now it is not his deed and the same Law is of the rasing or enterlining of a condition after the deliuery of the Obligation If land bee giuen to one in taile and the donee giueth the land to the donour and to a straunger for terme of their liues this is a discontinuance conditionall namely if the straunger suruiue If the Sheriffe attache one by force of a Capias that is iustistable but if hee returne a Non est inuentus vpon the writ he is a trespassour ab initio If I. disseise I. S. and leuie a fine to I. N. and after I. S. entreth vpon I. N. and enfeoffeth me and I. N. entreth vpon me and I bring my Assise and I. N. pleadeth the fine in barre I may auoide the fine by shewing the matter aforesaid If a fine be leuyed of land in auncient demesne and the Lord disanulleth the fine leuied at the Common Lawe he hath restored the right to him that leuied the fine If hee which abateth after the death of the tenant in fee simple make a Feoffement vpon condition to be perfourmed within nine yeres ensuing and after the feoffee leuieth a fine with Proclamations and the fiue yeares incurre the condition is broken and the abator reentreth now the heire of him that dyed seysed may haue an Assise of Mordauncestor against the abator whereas before hee was bounde by the fine Tenant in tayle maketh a Feoffement and taketh backe an estate in fee and bindeth him selfe in statute Marchant and then maketh a Feoffement vpon condition and after the recognisance is put in execution and the tenant in taile dyeth and the heire in taile being within age entreth for the condition broken he is remitted and the recognisans auoided but otherwise it had bin if he had bin of full age for then he comming in vnder the Estoppell should not haue auoided the Estoppel nor by consequence the recognisans If my very tenant be seised of a Manor held of the King in Capite and of an other Manor held of me by knightes seruice and he is disseised of the Mannor helde of the King and afterward dyeth seised of the Manor held of mee wherevpon I seise the body of the heire and after the heire within age recouereth the Mannor held of the King nowe the King may haue my lande also in Warde because the heire shall nowe be adiudged to bee in by discent and the King shall haue the Wardeshippe of the body If my Horse strike one and after I sell the Horse and afterwarde the partye that was stroken dyeth of the stroke nowe shall the Horse be forfayted as a Deodand If a villaine inflicte vpon himselfe a mortall wounde and the Lorde seyseth his goods and then the Villaine dyeth nowe shall the Queene haue his goods because hee is Felo de se A man administreth of his owne wrong and after taketh letters of Administration of the Ordinarie this shall relate to the death of the intestate the heire chargeth land which is after recouered in a writ of Dower the woman shal holde it discharged Thus it is euident that the vnderstanding of the Lawe worketh especially vpon relations on the first causes of thinges reducing through many straites of colourable pretenses and obiections the right of a thing to him to whom it appertaineth according to the qualitie and exigence of the said right and title so that the vnderstanding of the Student when it entreth into the suruey of these intricate and hidden pointes must bee of this abilitie to compound thinges and to resolue them by imagination to builde and destroy and to turne sayle

vpon him as his heyre Note here of what validitie the intendement of Law is touching a ciuill death The Wardein of the Fleete who hath the office in fee dyeth seised and the office discendeth to his sonne and heire being then in prison the Law doth presently discharge him of imprisonment because he is to be at large the better to looke to others that be in pryson A man maketh a lease to one for terme of life rendring the first seauen yeares a rose and if he will hold the land any longer then seauen yeares that then he shall pay foure Markes yerely liuerie is made the lessee surrendreth at the ende of the first seauen yeares his estate was adiudged to be but a terme ab initio and no freehold and the writ of couenant brought against him for not repayring was qui tenuit ad terminum annorum If a man make a lease of land excepting the trees which grow vpon the land the trees are seuered in law for he hath no reuersion of them and if he sell them and after the sale make a feoffement the feoffee shall not haue them because they were seuered by the vendition or sale of them for by the exception they were seuered from the terme but not from the inheritance but by the vendition they were seuered from the inheritance If the Baylife of the land doe demaunde a rent seruice and the tenant denyeth it and the Baylife sayth that hee will distraine for it and the tenant sayth that hee shall not distrayne wherefore the Baylife dare not proceede further to take a distresse for doubt of death thys is a disseystn of the rent in the eye of the Lawe And if a rent seruice be warranted to one and the land doth escheat the Law as M. Finchden thinketh transferreth the warrantie to the land 6. One thing in the vnderstanding of Law may be of seuerall natures in seueral respects and so one writ may be two seuerall writs to two seuerall intents In an action of debt the declaration was of x. li. vpon a sale and v. li. which he had deliuered to the defendaut to redeliuer and it was held good because the action was in the debet and detinet and the warrantie of atturney and the essoine in this case shall be in placito debiti Quaere If a man lease land to one for terme of yeares rendring rent and the lessor graunteth his rent to a stranger and the lessee surrendreth this doth not extinguish the rent for now it is a rent seck which doth not depend vpon the reuersion And so one man to the vnderstanding of Law may haue seuerall capacities or respects For if a man disseise a feme sole being an inheritrix of certaine land and after he taketh her to wife and they haue issue and the husband is disseised and the disseisor leuieth a fine wyth proclamations the husband dyeth fower yeres after the proclamations and before the fifth yere be passed the issue being of full age and after the wife dyeth and the fifth yere passeth now the issue is bound as heire to his father yet he may haue other fiue yeres as heire to his mother to be accompted from the death of his Father So if I. S. be tenant of land for terme of an other mans life the remainder to an other for life the remainder to the said I. S. for terme of his life or in fee and he is disseised and the disseisor leuieth a fine with Proclamations and the fiue yeares incurre now is I. S. bound for the present estate but if he in the mesne remainder for life die hee shall haue other fiue yeres for the other estate So if a man haue an estate in land for the life of A. the reuersion to himselfe for the life of B. the remainder to himselfe for the life of C. and is disseised and the disseisour leuieth a fine with Proclamations he shal haue fiue yeares seuerally after euerie seuerall estate determined I. S. giueth land to A. his daughter in taile and hath issue B. another daughter and dieth A. dieth hauing issue C. a Precipe is brought against C. who voucheth to warrantie her selfe and B. as heires to the donour of the reuersion to haue the warrantie paramount in this case is C. both the vouchor and the vouchee A terme is deuised to one who is made executor he entreth this is an administration and an execution of the terme vnto him and he is both deuisee and executor A. couenanteth by Indenture with B. that the sonne of A. shal marrie the daughter of B. and that therefore B. shall giue vnto A. an 100. li. if the marriage did not take effect before such a day that then A. and his heires should stand seised to the vse of B. and his heires vntill the hundred pound be payed by A. his heires or executours B. dyeth and after the marriage taketh not effect the vse and possession of the land vesteth in the heire of B. but Quaere saith Brooke whether he shall be in ward or no for he is an heire and yet he is a purchasor If I. S. be Deane of P. I may giue him land to him and his successours and to him and to his heires there hee taketh both as Deane and as a priuate man and is tenant in common with him selfe so if a rent charge be graunted in such manner he shal ioine with himselfe in an Auowry Likewise the Lawe may deny one a benefite as he is I. S. and yet allow it vnto him as he is executor to I. N. and therefore if an executour be Outlawed or Excommunicated which be disabilities in Law yet as an executour hee may maintaine an action because he sueth and is to recouer to the vse of an other person and so an executour may haue an action of trespasse in his owne name without nameing his companion in the executorshippe if goods be taken out of his possession For he is possessed of them as a priuate man but he is possessed of them to the vse of an other as executour And he need not in the case aforesaid name himselfe executour For if he do it may tend to the abatement of the writ according to M. Kebles opiniō who saith that the possession of one of the executors his meaning is as he is executor is the possession of both and herewith agreeth the opinion of Newton but by their fauors though the propertie of the executors in the goods of the testator be one and the same yet the possession may be seueral for he that hath the custody of goods may only be said to be in real and actual possession of the same which kinde of possession is onely heare meant for which cause a writ of Detinue that concerneth the possession of goods shall bee brought only against that executor who is possest of the goods 7 The Law may