Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	remainder_n	tail_n	tenant_n	4,198	5	10.6211	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A69998	Certaine observations concerning the office of the Lord Chancellor composed by the Right Honorable and most learned Thomas, Lord Ellesmere, late Lord Chancellor of England ; whereunto is annexed a perfect table and a methodicall analysis of the whole treatise.	Egerton, Thomas, Sir, 1540?-1617.	1651 (1651)	Wing E359; ESTC R4472	72,038	136

If any Feoffee upon trust infeoff a stranger and do s●ll the l●nd to him for money yet if he give knowledge unto the stranger that he himself 〈◊〉 i●●●ely upon trust I may compell the stronger by su●●oena to perform my VVill 5 E. 4. 76. Feofments a● use 32. sub poena 2. 16 If Tenant in Burgh English infeoff one to the use of the Feoffor and his heirs the youngest son shall have a sub poen to recover the land but not the eldest 5 E. 4. 7. 6. Feofments al use 32. sub poena 2. 17 If one seized of land which is descended unto him from his mother do make a Feofment upon trust and then die without issue the heir by the mothers side shall have a sub p. to recover the land not the heir by the fathers side 5 E. 4. 7. b. Feofments al use 32. sub poena 2. 18 If a Tenant in tail the remainder being a stranger do make a Feofment to his use and die without issue having declared his Will the sub poena belongeth to such person as is limited by his VVill and not to him that hath the remainder but if he have declared no VVill then he in the remainder should have had the sub poena quaere E. 5. 47 sub poena 26. Feofm al use 32. But Brook thinketh that he in the remainder shall have no sub poena in neither case because he may have his remedy at the common Law 19 If the Husband and the VVife be seized in the right of the VVife and the Husband make a Feofment although he declare no VVill yet the VVife shall not have the sub poena because as Brook thinketh 20 VVhen a Feofment is made without any consideration and no use expressed the Feofment shall be intended to be to the use of the Feoffor and his heirs and also the VVife may have her cui in vita by the common Law 5 E. 4. 76. Feofments al uses 32. sub poena 21 If a man have issue a Son and a Daughter by one Wife and a Daughter by another Wife and maketh a Feofmeut to his use and dieth if the Son do take the profits and die his Sister by the whole Bloud shall have the land by sub poena and the other suffer nothing because the rule that Possessio fratris de feod simplici fecit sororem esse haeredem doth extend to uses as well as to lands 5 E. 4. 7. sub poena 3. b. Feofment al uses 33. b. discent 36. Com. 4 E. 6. 58. per Mountague capit Justic. de communi banco and if the Father had devised his land to a stranger this would have been no possessio fratris because the freehold of the use was in the stranger but if he had devised it only for years it would have been a good possessio fratris 5. E. 4. 7. sub poena 36. Consc. 12. by descent 22 If I. S. make a Feofment in trust and be afterwards attainted of Felony the lord of whom the land is holden shall not have the sub poena by Escheat 5 E. 4. 7. B. Feofment al use 34. 23 Note that the King cannot be infeoffed to any other mans use although it be so expressed neither doth any sub poena lie against him but the Feofment is good and the limitation of the use void per Markham Brian capit Iustic. 5 E. 4. 7. 7 E. 4. 17. Office 2. 24 One being infeoffed to the use of a Woman she took a Husband and the Husband sold the land to a stranger and the Woman received the money and the Feoffee at their request infeoffed the stranger the Husband died and the Wife brought a sub poena against the Feoffee who shewed the matter and the Wife demurred Starkie Apprentice if the Husband make a Feofment of the Wives land she shall avoid it by a cui in vi●a and so if the Husband do sell the VVives use in the land this Sale shall in conscience be said the Sale of her Husband alone and not of them both and therefore the sub poena doth lie which saying was affirmed of all the Justices of both the Benches and the Chancellor said that all which a VVoman Covert doth shall be esteemed to be done for fear of her Husband and the receipt of the money by her is not material because she cannot have the free disposition thereof and the Complaintiff prayed that the Defendant might be committed unto Prison untill he made satisfaction and the Chancellor said that the Complaintiff might have a sub poena against the stranger which bought the land but Yelverton said that she might have a sub poena if the stranger had knowledge of the wrong and deceit done to her but otherwise not The Chancellor answered that the stranger knew well that she was a VVoman Covert in cam Scacc. 7 E 4. 14. Sub poena 3. B. consc. 13. b. Feofm al use 4. 25 Note that a Feoffee of trust is bound by conscience to plead all Pleas and to maintain such actions for the land as the Feoffor will have him but it shall be at the Feoffees charge per omnes Justic. but it is doubtfull whether the Feoffees be compellable to plead dilatory Pleas 7 E. 4. 29. sub poena 9. br Feofments al uses 38. 6. consc. 27. 26 Note that Coke Justice said that he sued once a sub poena against the heirs of a Feoffee upon trust and the matter was long debated and the opinion of the Chancellor and of the Justices was that the sub poena did not lie against the Hei● whereby he was put to exhibit his Bill in the Parlament 8 E. 4. 6. sub poena 8. B. consc. 16. Note that it must be intended that the Heir had not the land but that the land was sold before by the Feoffee to a stranger for if the Heir had the Land he is liable to the trust as well as the Feoffee 27 If I do lend money to I. S. and he infeoffeth me of his Lands and it is agreed that I shall take the profits thereof untill he have payed me if I. S. do pay the money or tender it unto me and I refuse to re-infeoff him he may compell me by the sub poena per Pigo● Ser jeant 9 E. 4. 25. Bar. 100. 28 It was holden in the Chancery that if any Feoffee upon trust do infeoff any other which knoweth of the trust I may have a sub poena against them both but if a stranger knowing the trust had done a Tre●passe upon any Feoffee I might compell my Feoffee by sub poena to sue him and to recover Damages I shall have no sub poena against the Trespassor but onely against my Feoffer because he might lawfully procure his own discharge but the Reporter thinketh that the Trespassor

Decree made in the Chancery by sub Poena the party may have a writ of error in the Parliament to recover the same if it be erroneous in such sort as he may have to reverse Judgements erroneously given in the Kings Bench per Chock Serjeant 37 H. 6. 3. Iurisd. 53. error 95. But note that Brook abridgeth the case that Prisot the chief Justice was of the contrary opinion which is not to be so collected by the book but by implication yet may it seem that no writ of error doth lie but a petition to the Parlament in the nature of a writ of error but Prisot said that Judgements in the Chancery upon scire facias to repeal Parents and pleas or persons priviledged are reversable by Parlament because they are Judgements but the decrees are not 2. Cholmly Serjeant said if a decree be made in the Chancery that the Chancellor hath not power to reverse that decree in the same Court but it must be redressed in the Parlament for Judgement given in the Kings Bench Common-place or Exchequer are not reversable in the same Court but in a higher Court But Knightley Serjeant said that a decree was but an Order taken by the Court for the time the which upon good causes shewed may be redressed in the same Court hut Devistall Serjeant said that if it might be so there would be an incessant confusion of all causes wherefore the Chancellor cannot reverse an absolute Decree but he may reverse a Decree which is made with a quousque for an absolute decree is much like a definitive sentence given in the spiritual Court which cannot be redressed in the same Court but by application into a higher Court and the Kings Secretary interrupted him to speak any further of the authority of the Chancery In Cancell 27 H. 8. 6. In a writ of error to reverse a Judgement of petition in Chancery the Defendant took exception that the Judgement given in the Chancery might not be reve sed in the Chancery being all one Court but in the Parlament Et non allocatur exception per Cur Cancell 42. asss. p. 22. b error 131. It seemeth that this was not properly a reversall of the petition but rather and is like to the case ensuing I the Lord Chancellor grant a patent of land and after make a patent to another of the same land the second patent is revocable in the Chancery by scire facias but not by writ of error for a Court may reform but not reverse their own Judgements 2 R 3. A statute Merchant was acknowledged in the Chancery the money payable Anno 16. and the party sued execution and his writ supposed the same to be payable Anno 14. and by this sute the Feoffee was put out of power and he sued a writ of error in the Kings Bench and it was awarded that he should be received to the sute 18 E. 3. 25. error p. 17. asss. p. 24. And Plowden reciting the case saith that if upon sutes in the Chancery according to the order of the common Law there be error that shall be reformed by a writ of error in the Kings Bench which is a higher Court 13 El. Com. 393. The Second Part of the Absolute Power CHAP. I. Of Lands IF two Copartners bring a Formidon and one of them by Covin between the Tenant and him will not joyn with the other in a true Declaration the other may compell her by such poe●a to joyn in the true Declaration for else the Action would abate per M●●le Iustice Ien●ey Serjeant in Co. Ba 6 E. 4. 10. b. cons● 12. 2. If two men have a wood jointly and one of them felleth the wood and keepeth all the money to himself his f●llow hath ●o remedy by the Law for as when they took the wood joyntly they put each other in trust and were contented to occupy together so the La● suffereth them to order the profit● thereof according to the trust that each did put in other and yet if one took all the profits he is bound in conscience to restore the half to his fellow for as the Law giveth him right onely to half the land so it giveth him right onely in conscience to the half profits and yet it cannot be said that the law is against conscience for the Law willeth not that one shall take all the profits but leaveth it to their conscience Lib. Doct Stud. cap. 19. 3. In many cases conscience shall be ruled after the Law as the eldest son shall have his fathers land by conscience as he shall in law and so he shall in law and so in Burgh English the youngest son shall enjoy the land both in law and conscience and in Gravel-kinde all the sons and daughters shall inherit together and there can be no other reason gives why it should be so in conscience but because law or custome is so lib. Doct. Stud. 2. c. 15. for divers good causes upon that ground 4. Tho. Parrick and Agnes his wife exhibited a bill conteining that one Beatrice whose heir Agnes is was seized and took to husband Thomas Bradley present in the Court and dyed Bradley continued as Tenant by the curtesie of England untill now of late he claimeth and publisheth that he hath fee-simple and withheld the Charters wherefore they prayed that he might he examined what estate he claimeth and to be recorded and to knowledge what Charters he hath to deliver them to the complainants defendant D●smissum est à curia quietus sine die per consi cur co qd materia in hac supplicatione contenta non est sufficiens ad p●nendum ips●m defend ad examinat super ●undem petition Pet. in Canc. 20 H. 6. the defendant hath authority by law to keep the Charters and although in words he claimeth fee-simple yet because it is not alleadged that he did not any act to the dis-inheritance of the complainants therefore it seemeth he was dismissed CHAP. II. Of Lands in use or trust LAnds in Lond. were devised to the devisors son and three others in fee and that one of them should have the profits during his life the devisor dyed the son and heir sued a sub p against the two others to compell them to release unto him because the use of the land ought to be in him after the death of the per ●or and it was thought reasonable per omnes Justic. in camera Scac. 3 H. 6. devise 22. 8 feofment al uses 49. So it is if the same had been done by Feofment 2. On●●made a Feofment upon confidence and afterwards declared his will to the Feoffee that one of the daughters should have the land after his decease and after that he came to the Feoffee and told him that his said daughter would not be