Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	bring_v	tenant_n	writ_n	1,553	5	9.7421	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A42378	Ars clericalis, the art of conveyancing explained being a collection gathered with great care and industry, out of the many books of the law : wherein the nature and effect of such deeds and instruments, by which lands are conveyed from one man to another, are clearly demonstrated : also the forms and orderly parts which ought to be observed in deeds and conveyances are laid open and explained / by R.G., Gent.	Gardiner, Robert, 17th/18th cent.	1690 (1690)	Wing G237; ESTC R7552	68,701	194

Tenant in Fee-simple in Remainder or Reversion Cognizors must be certainly named by their right Names of Baptism and Sirnames Cognizors how must be named and their Additions as Knight Esquire Gent. c. are commonly used in Fines West Tit. Fines § 14. Of Cognizees All such Persons as may be Grantees or take Contracts may be Cognizees Who may be Cognizees as Persons of full Age Infants Femes-Covert Mad-men Lunaticks Ideots Men imprisoned Men without the Realm and all Corporations and Civil Bodies Men attainted of Felony or Treason Men outlawed in personal Actions Bastards Clerks convict c. Exceptions of Persons dead in Law But Persons civilly dead as Monks Friers c. cannot be Cognizees because they want Civil Capacity West Pres Tit. Fines § 15. Cognizees how to be named Cognizees in Fines must be named by their proper Names and Sirnames For a Fine levied to A. and Sibel his Wife where her Christian Name was Isabel was holden void West Tit. Fines Sect. 15. 1 Ass pla 11. the rest in order as for the Cognizors mutat ' mutand ' All or two of the Justices of the Common Place may in open Court take knowledge of Fines Who may take knowledge of Fines in Court and Record them by vertue of their Offices And the Justices of the Common Place be the only Judges for the recording of Fines and all Cognizances thereof must be certified thither 15 E. 2. 36 H. 6. 34. 44 Ed. 3. 38. The Chief Justice of the Common Place by his Prerogative of his Office may take Cognizance of Fines in any place out of the Court Fines taken out of Court and certifie the same without a Dedimus Potestatem Dyer 224. pla 31. By the Statute 2 E. 6. cap. 28. Fines may be levied Where Fines may be levied in the County Palatine of Chester and by 37 H. 8. cap. 19. of Lands in the County Palatine of Lancaster And by 5 El. cap. 27. within the County Palatine of Duresme alias Durham Fines may be levied of all things being in esse tempore Finis Of what things a Fine may be levied and certainly expressed in the Writs 18 E. 4. 22. Fines may be levied of all things whereof a Praecipe quod reddat lieth West Tit. Fines § 25. Lands bought of divers Persons by several Purchasors may pass in one Fine Several Lands pass in one Fine and then the Writ of Covenant must be brought by all the Vendees against all the Vendors and every Vendor must Warrant against him and his Heirs only And these Joynt Fines are seasonable when the Purchases are of small Value The Conveniency and the Charges would exceed the Value Fines may not be levied of things incertain as de Tenemento 3 Ed. 4. 19. Of what things Fines may not be levied Lands restrained Nor of Lands restrained from sale by Act of Parliament 32 H. 8. cap. 36. Lands assured for Joynture Nor of Lands of the Husband or his Ancestors assured for Joynture Dower or in Tail to any Woman by means of her Husband or his Ancestors For if she grant a greater Estate than for her Life her Estate is presently forfeited Plow fol. 459. Lands in ancient Demesn Nor of Lands in ancient Demesn for it may be reversed by a Writ of Disceit brought by the Lord of Ancient Demesn 7 H. 4. 44. 8 H. 4. 23. Reg. fol. 13. b. Mixt Lands But if it be both of Ancient Demesn and of Lands at the Common Law it shall be good for the Lands at the Common Law 7 H 4. 44. What Persons be barred by Fines Privies in Blood as Heirs of the Cognizors claiming by the same Title that their Ancestors had that levied the Fine be barr'd presently thereby whether they be void of Impediments or no 1 R. 3. c. 7. 4 H. 7. c. 24. Br. Fines 109. Strangers excepted But Strangers to Fines that is such as be not Parties or Privies have years after Proclamation to enter and claim their Right Ibid. The like time have Infants Infants after they accomplish their full Age Plow 367. a. 359. b. 4 H. 7. cap. 24. The like liberty have Madmen Madmen c. and Lunaticks after they be cured of their Maladies Plow fol. 375. 366. Also Feme-Coverts Feme-Coverts or married Women being Strangers to the Fine after the Death of her Husband Nota If a single Woman having present Right take a Husband who suffereth the five years to incur Five years suffered to incur she is for ever barr'd Prisoners Prisoners Strangers to the Fine shall have five years after their inlargement Plow 360. a. 375. 366. a. But Civil Bodies Civil Bodies and Corporations having an absolute Estate so as to maintain a Writ of Right as Mayor and Commonalty Dean and Chapter c. are barr'd by five years Plow fol. 538. T. 20 Eliz. But Deans Bishops Exception Masters of Hospitals Parsons Vicars Prebendaries c. Which may not have a Writ of Right are not barr'd by five years Plow 538. a. But note also That such Persons who have such Impediments as aforesaid if after Proclamation the said Impediments be wholly removed Impediments removed after Proclamation and afterwads they fall into the like again and die their Heirs shall not have five years claim anew but the first years begun immediately after the first removal of the said Impediments shall run on to five years and shall bind the Heirs Plow fol. 375. a. Note There must be four Proclamations Four Proclamations in four Terms one in each Term. Thus much of Strangers to Fines having present Right at the Proclamation Yet such Strangers to Fines and void of such Impediments whose Right or Title cometh or descendeth to them after the Proclamation Title descending after Proclamation have five years after the coming of such Right 1 R. 3. cap. 7. 4 H. 7. cap. 24. Plow fol. 378. a. b. So he in Remainder or Reversion Limitation after a Reversion accrueth depending upon an Estate of Free-hold after the Remainder or Reversion accrueth hath five years to enter and if he die before Entry his Heir hath only five years to enter after the Death of the particular Tenant Plow fol. 374. a. b. And also such Strangers to Fines as are not void of such Impediments having future Right Fines after Impediments removed where there is future Right have five years after such Impediments removed 1 R. 3. c. 7. 4 H. 7. c. 24. Plow fol. 364. a. Such Strangers to Fines as have neither present nor future Right Neither present nor future Right at the levying thereof by reason of any matter had afore the Fine whose Right groweth either intirely after the Proclamation or partly before and partly after may enter or claim when they please within the time of the prescription As if the Father die seized

of Conveyance was first ordained by a Statute made the 23 of H. 8.1 When first of force before which Statute no Man might give Land by Will except it lay ●n some Burrough-Town where ●here was a special Custom That Men might give their Lands by Will as it is in London and many other Places The not giving of Lands by Will The Reason was thought to be a defect by the Common Law that Men in the Wars or suddenly falling Sick had not power to dispose of their Land except they would make a Feoffment levy a Fine or suffer a Recovery which lack of time would not permit And for Men to do it by those means so as they could not undo it again was thought hard besides even to the last hour of Life Mens Minds might alter upon further proof of their Children or Kindred or by encrease of Children or for Debt or for defect of Servants or Friends For lack of Wills Men used the following Device For which cause it was thought reason that the Law should permit him to reserve to the last instant the disposition of his Land and yet then also to give him a means to dispose of it how he pleased which seeing it did not Men used this Device following The Device They conveyed the full Estate in their Lands in their good Health to Friends in Trust A Feoffment in trust to Friends called properly Feoffees in Trust and then they declared by their Wills how these Friends should dispose of their Lands and if those Friends would not perform it Who were compelled to Perform it the Court of Chancery was to compel them by reason of the Trust and this Trust was called the use of the Land so as the Feoffees had the Land and the Party himself had the Use which Use was an Equity to take the Profits himself and that the Feoffees should make such Estates as he should appoint them and if he appointed none then the Use was to go to the Heir as the Estate it self of the Land should have done for the Use was to the Estate like to the Shadow following the Body But observe that by this course of putting Lands in Use there were many inconveniencies for this Use that first grew of a reasonable Cause Many Inconveniencies grew thereby as a Man knew not against whom to bring his Action The Wife defrauded Husband defrauded Lord defrauded Creditor defrauded Tenant defrauded to give Men liberty to dispose their own was turn'd to defraud many other just and reasonable Rights as namely A Man that had cause to sue for his Land knew not against whom to bring his Action nor who was Owner of it the Wife was defrauded of her Dower the Husband of being Tenant by the Courtesie the Lord of his Wardship Heriot and Escheat the Creditor of his extent for his Debt the poor Tenant of his Lease for the Rights and Duties were given from him that was Owner of the Land and another who was not the old Owner And Cestuy que use took the Profits whose Estate was not liable to Dower Debts or Forfeiture for Treason whom we call the Feoffor but Cestuy que Use he to whose use the Feoffment was made should take the Profits and have power to dispose the Land by his direction to the Feoffees and yet he was not such a Tenant nor so seized of the Land as that his Wife could have Dower or the Land be extended for his Debts or that he could forfeit it for Treason or that his Heir could be in Ward for it Cestuy que Use could not be in Ward or make Leases or any Tenure of Duty fall to the Lord by his Death or that he could make any Lease of it The Frauds partly remedied by 1 R. 3. 4 H. 7. 16 H. 8. Action against him that took the Profits Which Frauds as by Degrees of times they increased were remedied by many Statutes as namely by the Statute of 1 H. 7. 1. it was appointed that the Action might be brought against him that took the Profits Frauds yet increased which was the Cestuy que Use he to whose use the Feoffment was made which Frauds nevertheless daily multiplying in the end the Parliament of 27 H. 8. purposing to take away all the Uses Another remedy and to reduce the Laws to the ancient form of conveying Lands by publick Livery and Seisin Fine or Recovery To carry the Estate from the Friends in Trust presently to Cestuy que Use and so this device ended did ordain that when Lands were put in Trust or Use there the Possession and Estate should be presently carried out of the Friend in Trust and setled and vested in him that had the Use for such term and time as he had the Use See the Statute And by this Statute of 27 H. 8. The Remedy worse than the disease and therefore the power of disposing Lands by Will was clean taken away amongst these Friends and so this Statute did as it were dispendere justum cum impio take away what might seem reasonable by a means less reasonable Whereupon in the 32 of H. 8. 1. Wills in Writing began Another Statute was made to give Men power to give Land by Will which took away many Inconveniencies But this Statute was limited Were limited by many particulars as to be seized in Fee-simple to be wholly seized and not joyntly with restraint to Lands held in Capite by Knight-Service of the King that a third of the whole should descend to the Heir to answer Wardship Livery and Primer Seisin to the Crown Were remedied But by Statute 12. Car. 2. Cap● 4. All Wardships Tenures in Capite Livery and Primer Seisins and other Dependences were taken away and the Act 32 H. 8. cap. 6. 33 H. 8. cap. 22. repealed How the Will must be signed and subscribed And by the Statute 29 Car. 2. For prevention of Frauds declares that all devises of Lands or Tenements deviseable either by the Statute of Wills or by force of the Custom of Kent or of the Custom of any Burrough or any other particular Custom shall be in Writing signed by the Devisor or some in his presence by express directions and subscribed in his presence by three or four credible Witnesses or else to be utterly void See the Statute Devise in Writing revocable by Writing only This Clause does not say the Witnesses shall subscribe And further That no Devise in Writing shall be revocable but by some other Will or Writing declaring the same or by burning cancelling tearing or obliterating the same by the Testator himself or by his directions and consent in his presence the Writing to be signed in the presence of three or four Witnesses declaring the same See the Statute That if any Cestuy que Trust The Heir of Cestuy que Trust chargeable for Assets die leaving a Trust in

Example his eldest Son being possessed and the youngest Son entreth and is disseized and a Fine with Proclamation levied and after the eldest Son is deraign'd i. e. discharged of his Profession or Religion It seemeth he is bound to no time So if the Husband levy a Fine of his own Lands Dower whereof his Wife is Dowable and die and five years pass she is not barred of her Dower for before his Death she had only a Possibility and not any Title to Dower Plow fol. 373. a. And if Strangers have several future Rights by divers Titles growing at several times Several future Rights growing at several times they shall have several five years from the time that their several Titles first accru'd unto them Ibid. Strangers having neither present nor future Right And Strangers to Fines having neither present nor future Right to the Tenements in the Fine but unto some thing in or issuing out of the same as Rent Common Way Estovers or any such charge out of the Land seem not barrable at all For it seemeth that these Fines extend only to bind the Estate Title Right Claim Entry and Interest in and to the Land and no Profits to be taken out of the Lands nor to take power given to Executors or others to sell the Land Brook Tit. Fines 123. It is a good plea to a Fine Plea to a Fine that a Stranger was seized to say That J. S. was seized at the time of levying it and before without that That the Parties to the Fine had any thing therein at the time of the Fine levied 9 H. 4. 27. 3 H. 6.27 Or that the Parties to the Fine had nothing Plea that the Parties had nothing c. But that A. B. had whose Estate he hath 33 H. 6. 18. 26 H. 6. 9. 42 E. 3.20 4. H. 4.8 4 H. 7. cap. 24. If there be two of one name Two of one Name and the one levy a Fine of the Lands of the other the other may avoid it by pleading likewise the Owner of the Land may aviod the Fine levied by a Stranger in his name Fine how to be avoided because it is a matter of Record and there is no other remedy except an Action of Deceipt 34 H. 6. 19. But neither Parties to Fines Pleas not allowable nor their Heirs may plead that before at and since the levying the Fine the Plaintiff or their Heirs were always seized of the Lands in the Fine or of parcel thereof 27 E. 1. cap. 1. Tenant in Remainder in Fee Averment of him Remainder in Fee may aver the continuance of Possession against a Fine sur Cognizance de Droit come ceo c. levied by Tenant in Tail 12 E. 4. 12. because he is neither the Party nor his Heir The Reason and so may a Feme-Covert where her Husband sole levyeth the Fine Ibid. Issue in Tail may aver continuance of Possession Continuance of Possession against a Fine sur Cognizance de Droit tantum but not against a Fine sur Cognizance de Droit come ceo que il ad de son done because that Fine is executed and the other only Executory 12 E. 4. 15. 19. 11 H. 4. 85. And lastly Note that if the use of a Fine be not declared before nor after the Fine levied it shall be intended to the use of the Cognizor Use of a Fine not declared remains to the Cognizor and his Heirs See West Symb. Tit. Fines Of Recoveries Recoveries are either feigned That is Common or True that is actual by Judgment The end and effect of a Common Recovery is to discontinue and destroy Estates Remainders and Reversions and to bar the former Owners thereof West part 2. Symb. § 1. And it is used for assurances of Land where the Parties do agree that one shall bring an Action Real against the other that hath the Free-hold of those Lands as though he had good Right to the Lands and the other shall not make defence against it The form of it but shall alledge that he bought these Lands of A. B. who hath warranted them to him and prays that A. B. may be called to defend the Title and A. B. shall vouch to warranty H. H. who is called the common Vouchee Common Voucher unless it be in special Cases where some others are to be and must be vouched thereby to cut off Remainders which Vouchee shall appear as though he defended and pray that day for defence and after a day being given him by the Court maketh default and thereupon the Court is to give Judgment Judgment against him which Judgment cannot be for him to lose the Land because he hath it not but the Party to whom he sold it who called him to warrant it Therefore first the Demandant against whom there is no defence must have Judgment to have the Land against him that he sued who is called the Tenant and the Tenant is to have Judgment against the first Vouchee c. And by this Devise grounded upon the strict Principles of Law the first Tenant loseth the Land Tenant loseth his Land by Agreement and hath nothing for it but it is by his own Agreement and for the Assurance of him that buys the Land The Effects of Recovery The Recovery bars Intails and all Remainders and Reversions that should take place after Intails saving where the King is the Giver of the Estate Tail and keepeth the Reversion in himself It prevaileth not where the King has the Reversion and then the Heir in Tail nor the Remainder or Reversion is barr'd by such Recovery 23 H. 8. b. The Reason why the Heir c. is barred by such Recoveries The Reason why the Heirs of the Remainders and Reversions be thus barr'd is because in strict Law the Recompence adjudged against the Vouchee is to go in succession of Estate as the Land lost should have done and then it were not reason to allow the Heir liberty to keep the Land and also to have a Recompence in value therefore he loseth the Land 23 H. 8. and is to trust to the Recompence This sleight was first invented Recoveries when first invented when Intails fell out to be inconvenient as is before declared so that Men made no Conscience to cut them off if they could find Law for it and now by use these Recoveries are become common Assurances against Intails and against Remainders and Reversions and are the greatest Assurances that the Purchasors have for their Mony Are the greatest Assurances for Purchasors for a Fine will bar the Heirs in Tail but not the Remainders or Reversions but a common Recovery bars them all And this common Recovery is used The use when a Man is desirous to cut off an Estate Tail in Lands or Tenements to the end to sell give or bequeath it as himself seeth good There is also a