Selected quad for the lemma: land_n
Text snippets containing the quad
ID |
Title |
Author |
Corrected Date of Publication (TCP Date of Publication) |
STC |
Words |
Pages |
A11297
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An answere to a letter cum priuilegio.
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Saint German, Christopher, 1460?-1540.
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1535
(1535)
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STC 21558.5; ESTC S100189
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35,044
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126
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shall enheryte If a man haue landes in fee symple by discent fro his father / dye without yssue of his bodye / haue no heyre on the parte of his father / wherfore the nexte heyre of the parte of his mother pretendiÌg to be his nexte heyre / entreth taketh the profites / that heyre is bouÌden to make restitucyon to the lorde of whom the lande is holden for the lorde oughte to haue it by the lawe as his eschete But if a man purchase landes in fee / dye with out heyre of his body / thaÌ for lack of heyres of the parte of his father the heyres of the parte of his mother / shall haue the lande and nat the lorde by eschete If a man haue landes in fee by dyscent tro his mother / and he maketh a feoffament therof c. And feoffe maketh a lease for terme of lyfe to a stranger the remaindre iÌ the fee to him agayne and to his heyres And after he dyeth withoute heyre of his body / in this case the heyres of the parte of hys father shall haue the lande And if the remayndre in that case were that it shuld go to him and to his heyres of the parte of his mother / yet the remayndre shuld go to his heyres of the parte of his father for those wordes of the parte of his mother be voyde in the lawe / as they shulde be if a man wold infeoffe another to haue to him and to his heyres of the parte of his mother for the heyres of the parte of his father natwithstaÌding those wordes shal haue the lande / and therefore in both the seyde cases if the heyres of the ête of the mother entre iÌto the laÌde / they be bouÌdeÌ to restore it to the heyres of the ête of the father If a man that hath landes in fee by dyscent fro his mother / dyeseased / the landê discende to his son heyre and that son heyre dyeth without heyre of his body in this case / the heyres of the parte of his graundmother shall haue the laÌde And if either the heyres of the part of the father or the heyres of the ête of his mother entre / they be bouÌdeÌ to make restitucyon to the heyres of the parte of his graundmother A man hath two sonnes by seuerall wyfes / the one son purchaseth landes to him to his heyres / and dieth without heyre of his body if his brother in this case entre as heyre / he is bouÌde to restore it to hiÌ or her that is heyre to his brother on his fathers syde for the grounde of the lawe is / that one of the halfe blode shall neuer be heyre to him that he is but of the half blode vnto Also if a man holde .ii. houses of two seuerall lordes by heryote custome / wher the custome is that no heryote shall be payed but of quycke catell he hath no quycke catell but one horse dyeth / one of the lordes seaseth the horse after the other Lorde fyndeth the same horse / seaseth him as his heryote in this case he his bound to restore the horse to the lorde that fyrst seased him for by that fyrst seasynge he hath by the lawe of the realme right to the horse / the other hath lost his herriot for that tyme. And the same lawe is / if a maÌ holde .ii. acres of lande of .ii. seuerall lordê by knyghtes seruyce / by owelty of feffemeÌt dyeth / his heyre with in age in this case that lorde that fyrst seaseth the body hath rizt to it If a man holde an acre of laÌde of one maÌ by knyghtes seruyce by prioritye / an other acre of lande of another man by knyghtes seruyce by posteryoritye dyeth seased his heyre beynge within age / and the lorde of whom the lande is holden by posteryoritye / seaseth the body of the said infaunte as his warde In this case he is bouÌden to restore it to the lorde by prioritye for by the lawe the wardship of the body belongeth to him / excepte that the same auncestre holde any laÌde of the kyng by knyghtes seruyces for if he dyd the kynge shall haue the prefermente of the body by his prerogatyue whether the lande were holden of hym by prioritye or posteryorite in cheyfe or as an eschete If there be two ioynt tenauÌtes of a wode / the one of theÌ selleth al the wode / taketh the money to his owne vse in this case he is bouÌdeÌ to restore the half of that money to the other ioynttenauÌt for though the law gyue no remedy to the other ioynttenauÌt for it yet it wareÌteth nat him that hath the money / that he maye with conscyence retayne it If one ioynttenaunt take all the gresse and frutes to his owne vse / where els they shuld haue ben lost for laches of the other there he is nat bounde to restore any parte but if his felowe wolde haue taken his parte / the other wold nat suffre hiÌ / than he is bounde to restore hiÌ his ête And so it is / if one ioynte tenaunt or tenauÌt in comon / sowe the one half of the errable grouÌde leueth the other halfe for his felowe / whan the corne is ripe / his felowe taketh halfe of the corne / pretendynge that the halfe is his through all In this case he is bouÌde to restore the whole to him that sewe the grouÌde c. If a womaÌ haue goodê êsonall and also reall / as a lease for terme of yeres a wardship or such other and after she taketh a husbande / he dyeth after whose deth his executours taketh al the sayd chatels / aswell reall as parsonall / in this case the executoures be bounde to restore the wyfe of the chatels reall but nat of the chatels personall / nor no parte of them / her necessary werynge apparell onely excepted A man hath a maner / whereto comen is appeÌdaunt And also an aduouson / and he of his mere motyon maketh a feoffameÌt of the sayd maner / putteth nat iÌ these wordê cum êrineÌciis c. the feoffe occupieth the comen And also whaÌ the aduouson falleth void he preseÌteth to the aduouson in this case he is bouÌde to restore the feoffer for the aduouson But the comen he may lawfully occupye styll c. If the sonne be attaynted of felonye in the lyfe of the father / and after hath the kynges chartoure of pardon c. and than his father dyeth / seased of lande in fee symple and the soÌne so attaynted / entreth as heyre In this case he is bouÌde to restore the lande to the lorde of whome the lande is holden For though he haue his chartoure of pardon / yet his blode is so corrput by the attayndour / that he may nat be heyre to anye man And if the landes be entayled / he is bounde to let the kynge haue