A Selection of Leading Cases in Equity With Notes volume 1
A Selection of Leading Cases in Equity With Notes volume 1
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76, b. , and the case of Udal v. Udal ; and I shall make a further use of it by and b}'.
But such is the abhorrence of the common law to waste and destruction, that it hath extended its remedies, in some special cases, beyond the strict princijjles on Avhich they were originally founded ; and, therefore, though it be requisite in general, that the inheritance should be vested in the plaintiif at the time of the waste done, else he cannot lay it to his disherison ; yet, if the estate were out of... him by wrong, and then come into him again, he shall maintain the action of waste. Thus, if lessee for life make a feoffment in fee upon condition, the feoffee does waste, and afterwards breaks the condition, and the 784 GARTH V. COTTON.
lessee for life enters for the breacli, though the rever- sioner had nothing in the reversion at the time of the waste done : yet, as it was out of him by tort, when it is revested, he shall have this remedy. Co. Litt. 356, a.
But there is another case at law, the reason of which seems to me to be more analogous to the present case ; as that of a bishop, after the restitution of temporalities to him and his successors, in right of his church.
What to read after A Selection of Leading Cases in Equity With Notes volume 1?
You can find similar books in the "Read Also" column, or choose other free books by Frederick Thomas White to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
76, b. , and the case of Udal v. Udal ; and I shall make a further use of it by and b}'.
But such is the abhorrence of the common law to waste and destruction, that it hath extended its remedies, in some special cases, beyond the strict princijjles on Avhich they were originally founded ; and, therefore, though it be requisite in general, that the inheritance should be vested in the plaintiif at the time of the waste done, else he cannot lay it to his disherison ; yet, if the estate were out of... him by wrong, and then come into him again, he shall maintain the action of waste. Thus, if lessee for life make a feoffment in fee upon condition, the feoffee does waste, and afterwards breaks the condition, and the 784 GARTH V. COTTON.
lessee for life enters for the breacli, though the rever- sioner had nothing in the reversion at the time of the waste done : yet, as it was out of him by tort, when it is revested, he shall have this remedy. Co. Litt. 356, a.
But there is another case at law, the reason of which seems to me to be more analogous to the present case ; as that of a bishop, after the restitution of temporalities to him and his successors, in right of his church.
What to read after A Selection of Leading Cases in Equity With Notes volume 1?
You can find similar books in the "Read Also" column, or choose other free books by Frederick Thomas White to read onlineMoreLess
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