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Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
land_n levy_v tail_n tenant_n 1,431 5 10.6996 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A39391 Enchiridion legum a discourse concerning the beginnings, nature, difference, progress and use of laws in general, and in particular, of the common & municipal laws of England.; Enchiridion legum. 1673 (1673) Wing E720; ESTC R22664 57,223 150

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else an Estate in Dower limited to a wife in mariage and this reckoned Free-hold for that it is an Estate for life An Estate for years by grant of the Estates for years by grant partie is when by Lease either in writing or word called a Lease parol or by Will such an Estate is granted An Estate for years by Law is divers Estates for years by the Law as that which the Lord or Guardian hath till his Ward be of full age the like by Elegit grounded upon a Statute Ed. 1. upon a recovery of Debt Trespasse or Acknowledgment of Debt in the Chancerie or before a Judge The like Estate for years by Law is by the Statute merchant or staple By acknowledging a debt before the Major of the Staple of antient Cities and some special merchandizing Towns The two last Estates for years created by the Law were ordained for the better recovery and assurance of due debts but whether they or that of a Guardian be Estates for lives by Law some make question There are two other Estates whereof Tenant by Copie of Court-roll first reckoned Tenants at will But now not so the Holders are called Tenans at Will but of them although they be so termed the first is now allowed for a more ample Estate by use and Continuance that is to say Tenant by Copie of Court-roll first called Tenant in Vilainage But now according to the Custome of Mannors these Tenants are not to be altered but may renew their Estates by common course The other which is the last the Tenant at will the meanest Estate the Law alloweth of least and meanest Estate that the Law alloweth is called Tenant at will who hath no longer term than standeth with the will and pleasure of the Landlord CHAP. VII Of Assurances and Conveyances which grow out of these Estates by the Common-law SInce we see that the Estates and Interests of Men cannot pass from one unto another but by Descent or by Conveyance It were not amiss to manifest the general course of Assurances which are usual and admitted by the Common-laws of this Realm These Estates have for the most part their passages by Feoffment by Deed by Fine and Release by Common-recovery by Wills and by Vses Feoffment is by Liverie and Seisin Feoffment that is by deliverie of Possession upon the Land by taking of turfe and twigg but in antient time as Bracton lib. 2. How it was executed in antient time sheweth when there was no House on the Land it was heretofore per fustim per baculum and this Livery by Bracton is called Vestimentum donationis thereby putting the party to whom the Estate is granted in possession or some other to his use by Letter of Attorney And though this be of the Possession only yet without Liverie and Seisin no Feoffment can receive life or force A Feoffment is proper to an Estate A Feoffment proper to an Estate for life at the least for life at the least and so upwards or else by grant of the Reversion and Attornament of the particular Tenant which must be by Deed because the possession passeth not by delivery only This Conveyance was antient and most of Force being notorious of which the Country might take notice and is much used at this day Exchange of Land whereby one Exchang of lands parcel of Land is exchanged for an other of equall estate heretofore much used but not now Grants by Deeds written in paper Graunts by Deeds with Dedi concessi or parchment sealed and delivered with these words Dedi concessi c. have been antient and most usual so is it yet used but not so frequent especially in Estates of any value An other Assurance there is by Fine which also is antient at the first it was the agreement of parties upon Arbitrement or otherwise after a Controversie arisen when an Action is brought and hanging for so is the ancient Law after H. 3. his time for before and then Fines were received of many such things and in such sort as will not be now admitted So was it set down betwixt them in these words Haec est finalis concordia that is That this is the final agreement betwixt such and such persons Therefore as some say it was called finis quia finem imponit litibus because it maketh an end of strife This Conveyance is most antient as some hold it before the Conquest but now used in the King's Court of Common pleas and principally in some Courts of Record to make the Assurance more forcible and certain The same by a Statute made in the Fines strengthned by Statute 18th year of Edw. 1. was strengthened and by the same Statute every person of full age of sound minde out of prison and within the Realm were bound and concluded by a Fine if they did not make Claim within a year and a day after the Fine levied But this Statute being thought too penal and prejudicial to Mens rights was repelled by another Statute in the four and thirtieth year of King Edward the third And then men were at liberty as before to make their Claim at any time But afterwards this Satute of 34 Former Statutes concerning Fines repealed Edw. 3. was also repealed by a Statute in the fourth year of King H. 7. and also by a Statute in the 32 H. 8. Fines were made so strong that after the Fine ingrossed and Proclamation made all persons after 5 years Non-claim were bound unless they were under age lunatick in prison or out of the Land at the time of the Fine levied And by this Statute of 32 H. 8. Tenant in tail may barr his issue which before he could not by reason the Statute of 13 Edwardi 1. provided he should not binde him by any act Another Conveyance there is now Common-recoverie an Undoer of former Conveyances much in use yet not very antient which may be called a Pick-lock or an Undoer of former Assurances This is called a Common-recovery and was never used till about the 12 year of Ed. the 4. it is not warranted by any Statute but an Invention first grounded upon a mere Conceipt now held the strongest Conveyance The Invention was that the Issue The fraudulent invention of Common-recoveries in tail or he in the Reversion or Remainder upon a tail should be barred of his Right and Estate by a recovery against the Tenant in tail wherein Tenant in tail upon a supposed Warrantie did vouch an estranger because the Issue or he in the Reversion by this voucher was supposed to have a recompence in satisfaction of his Estate which being not so indeed this is then but a mere Collusion and indeed the most injurious Conveyance that the Law doth allow of to cut off mens titles and possibilities without their privitie or satisfaction This Conveyance is used only to cut off the Reversion or Remainder depending