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Home > A Treatise on Copyholds (Volume 1); Customary Freeholds, Ancient Demesne, and the Jurisdiction of Courts Baron and Courts Leet: (English)
A Treatise on Copyholds (Volume 1); Customary Freeholds, Ancient Demesne, and the Jurisdiction of Courts Baron and Courts Leet: (English)

A Treatise on Copyholds (Volume 1); Customary Freeholds, Ancient Demesne, and the Jurisdiction of Courts Baron and Courts Leet: (English)

          
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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1823. Excerpt: ... and if the lord were to admit B. for his own life, it could only be good as a fresh grant (109); but it has been decided that if a person is admitted upon a mistaken claim, no new title being in contemplation of the parties, such admission shall not operate as a new and substantive grant from the lord (110). I shall now proceed to a discussion of the position, that surrenders of copyholds are governed by the same principles as common law assurances; and in the first place, no little respect is due to the abundant dicta in affirmance of the rule, even supposing that any one or more cases," where a limitation of estate was alone the subject of consideration, and no special custom existed, had created an exception to it. " t The case of Fis/ier & Wigg (111), has been yet it was held, that the estate of the first copyholder was determined by the surrender, and that he had no reversion. 6 Vin. Cop. (P.5.)pl.3. And see More v. Pitt, 1 Freem. 245-6, ante, p. 157. n. 87-It should indeed seem, that a surrender by a copyholder for life to the use of another generally, where the custom warrants only estates for lives, is but changing the life. Kerby or Kirk's case, 1 Freem. 192. S. C. (called Bird & Kirkc, ) 1 Mod. 200. Gilb. Ten. (109) N. 120. (110) Zouch & Forse, 7 East. 186.; and see Right A. Dean & Ch. of Wells v. Bawden & others, 3 East. 260. Post, at the end of tit. ' Admittance.' (111) 1 P. W. 14. 1 Lord% Raym.622. 1 Salk.391.-3Salk. 206. Holt, 369. 1 Comy. 88. 12 Mod. 296. 1 Eq. Ca. Abr. 291. And see Wade v. Baehe, Sid. 360. 2 Keb.341, 1 Saund. 149, Lex. Man. 179. Ib. Appendix, pi. 35. by which case it supposed to have fully established this exception, if not to have wholly denied the existence of the rule in question: the case was as follows. A copyholder in...


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Product Details
  • ISBN-13: 9781154249132
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 162
  • Series Title: English
  • Weight: 299 gr
  • ISBN-10: 1154249131
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 9 mm
  • Width: 189 mm


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A Treatise on Copyholds (Volume 1); Customary Freeholds, Ancient Demesne, and the Jurisdiction of Courts Baron and Courts Leet: (English)
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