Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	die_v	life_n	tenant_n	4,628	5	10.2669	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A97303	Cases and questions resolved in the civil-lavv. Collected by R. Zouch professor of the civil-law in Oxford.	Zouch, Richard, 1590-1661.	1652 (1652)	Wing Z17; Thomason E1319_1; ESTC R204137	125,637	280

were delivered because the translation of the property was in suspence untill the Marriage was done and at the time of the Marriage the property was in Sempronius his heyre from whom it is undeniable that it could not be transferred without his consent But he was of opinion that in the favourable case of Dower the heyre should be compelled to give his consent to what his Father intended that his Sister might not be left without a Dower 17 Of a Dower given upon condition that part thereof be repaied to Children D. 23. 4. 23. THe father giving a Dower or Marriages portion with his Daughter Covenanted with her Husband that if she dyed leaving one or more children behind her the Husband should be contented with the third part and that the rest should be repaied to him the Father or after his death to such children as should remaine the Father dying first the Daughter dyed afterwards leaving children It was questioned whether by vertue of that coyenant the children might sue for the rest of the Dower the Grand-father dying before the Daughter Africanus answered that they might sue for the force of the covenant consisted in that if shee dyed during the Marriage with the Husband the Dower should be restored and it was all one in effect as if one contracted conditionally that when such a ship shall returne out of Asia you shall give to me or after my death to Lucius Titius tenne pound for although the ship returne not untill after his death the ten pound is due to his heyre 18 Of a Covenant of disposing the Dower in case the Mother should dye before her Child or the Child should dye before the Mother D. 23. 4. 23. IT was agreed betwixt the Father in Law the Sonne in Law that if the Daughter or Wife dyed leaving a child of a yeare old behind her the whole Dower should remaine with the Husband but if in the life time of the Mother the child should dye the Husband should returne a moyety of the Dower unto the Father in Law It happened that the Mother and the Child being in a ship which was cast away were both drowned together whereupon it was questioned what part of the Dower might be retained by the Husband Papinian answered That it being most probable that the Child perished before the Mother the Husband ought to retaine only a moyety thereof SECT II. Of Speciall Right or Commodity Speciall Right is that which is grounded on the Civill Law as Commodity or the Right which one hath to receive benefit out of things belonging to other men as to receive the use and profits of Lands during life or to have some use and conveniency in or from another mans possessions as a way passage or Water-course or the like which Rights are gained by Prescription or graunt c. 1 Of the Vse and Profits of a thing given to a Corporation D. 7. 1. 56. VVHen the property being reserved to one the profits are given to another they are generally given during the life of the party to whom they are given whereupon one giving the fruits and profits of some land to a Citty or Corporation It was questioned whether the Citty or Corporation might bring an action for the same it seeming unreasonable that those profits should be alienated from the property for ever because they cannot be determined by death as it is usuall when they are granted to a single person a Citty or Corporation never dying and so the property to the granters heyres would be of no use the profits alwaies going another way yet Caius saies it was resolved that the Citty or Corporation might bring their action whereupon it was farther questioned how long they ought to be maintained in receiving such fruits and profits and it was resolved for a hundred years because within that time the longest livers dye 2 Of Rent due for Profits formerly received D. 7. 1. 58. ONe gave the profits of some Land to his Daughter during her life and the property of the same to the Common-wealth the Daughter dyed in the month of December all the fruits and profits of those lands being received by her tenants in October before for which they were to pay their rent in March following It was questioned whether the heyre of the Daughter which dyed before that day had right to receive the whole rent due for that yeare or whether it should be divided betwixt the heyres of the Daughter and the Common-wealth to whom the profits belonged after her death Scaevola answered That the Common-wealth had no right to receive any thing from the Tenants But the heyre of the Daughter as the case is put ought to receive the whole rent 3 Of the profits of a Parke or Warren D. 7. 1. 62. IF the Use and Profits of a Parke or Warren be granted to one during life it is questioned whether he might take or kill the Deare and Conies which he found therein or hath right only to such as by his industry are brought into the Parke or Warren or are afterwards bred therein Tryphoninus answered It was a hard thing to distinguish the particulars which were first and which come in afterwards and therefore that his right be not altogether uncertaine he held it sufficient if the Grantee when he dyes leaves to the proprietory of all sorts as many as he found 4 Of Profits and Property Consolidated D. 7. 4. 17. SEmpronius gives the profits of his Land during life to Seius simply and the Property thereof to Titius upon condition Seius to whom the profits were given the event of the condition yet depending buyes of the heyre of Sempronius the Right and Property which then was in him whereby his right as usufructuary is consolidated with the right of Propriety afterwards the condition being sulfilled the property of the Land sell out to be in Titius It was questioned whether Seius had still the right as usufructuary to the Profits in regard Titius had only the property given unto him without the fruits and profits belonging to Seius during his life Julianus answered that Seius having drown'd his right as usufructuary to the profits in purchasing the property by consolidating the severall interests The rights which before were distinguished being made one Titius shall have the sole and full right in the Land and Seius by his own act loose the right of all profits as usufructuary to the same 5 Of a Way or Passage granted indefinitely by will D. 8. 1. 9. IF a man grant unto another liberty to have a way through his ground without limitation It is questioned whether the heyre of the granter or the legatary shall assigne the space of the way Celsus saies that the Legatary may make his choyce through any part of the ground as he shall please yet after a civill manner for that in generall words some things are tacitely excepted and therefore he shall not make choyce to goe through his Back-side nor through