The Seisin of the Freehold : Being Twelve Lectures Delivered in Gray's Inn Hall in the Months of January And February, 1876
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The first tenant in tail agreed to suffer a common recovery, and suffered one accordingly. The next person in remainder claimed the estate as forfeited ; but it was adjudged that a tenant in tail cannot be re- strained by any condition or limitation from suffering a recovery, and that the clause of forfeiture was void.
A tenant in tail in possession might also have discon- tinued the estate tail, as it was called (o), by levying a Fine. fine. The statwte of the 4th & 5th of Henry YII., c. 24, t...o which I adverted in a former Lecture {p), and («) 10 Co. Rep. 36. See also (o) Ante, p. 103.
Bawhins v. Lord Pmirhyn, L. R., (;;) Ante, p. 109.
6 Ch. Div. 318.
AS IT AFFECTS SETTLEMENT. 159 which regulated the levying of fines with proclamation, was held to bar the issue in tail after five years' non- claim by them. And this was soon followed by a statute of the 32nd year of Henry VIII. {q), by which it was provided, that all fines " with proclamations according to the said statute, by any person or persons of the full age of twenty-one years, of any manors, lands, tenements, or hereditaments, before the time of the said fine levied in any vnse entailed to the person or persons so levying the same fine, or to any the ancestor or ancestors of the same person or persons in possession, reversion, remain- der or in use, shall be, immediately after the same fine levied, engrossed and proclamations made, adjudged, accepted, deemed and taken to all intents and purposes a sufiicient bar and discharge for ever, against the said jJerson and 23ersons and their heirs, claiming the same lands, tenements and hereditaments, or any parcel thereof, only hy force of any such entail, and against all other persons claiming the same or any parcel thereof only to their use, or to the use of any manner of heir of the bodies of them; any ambiguity, doubt, or contrariosity of opinion risen or grown upon the said estatute to the contrary notwithstanding." By virtue of this act a, fine levied by a tenant in tail in possession operated as a bar to his issue.
What to read after The Seisin of the Freehold : Being Twelve Lectures Delivered in Gray's Inn Hall in the Months of January And February, 1876?
You can find similar books in the "Read Also" column, or choose other free books by Williams, Joshua, 1813-1881 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
The first tenant in tail agreed to suffer a common recovery, and suffered one accordingly. The next person in remainder claimed the estate as forfeited ; but it was adjudged that a tenant in tail cannot be re- strained by any condition or limitation from suffering a recovery, and that the clause of forfeiture was void.
A tenant in tail in possession might also have discon- tinued the estate tail, as it was called (o), by levying a Fine. fine. The statwte of the 4th & 5th of Henry YII., c. 24, t...o which I adverted in a former Lecture {p), and («) 10 Co. Rep. 36. See also (o) Ante, p. 103.
Bawhins v. Lord Pmirhyn, L. R., (;;) Ante, p. 109.
6 Ch. Div. 318.
AS IT AFFECTS SETTLEMENT. 159 which regulated the levying of fines with proclamation, was held to bar the issue in tail after five years' non- claim by them. And this was soon followed by a statute of the 32nd year of Henry VIII. {q), by which it was provided, that all fines " with proclamations according to the said statute, by any person or persons of the full age of twenty-one years, of any manors, lands, tenements, or hereditaments, before the time of the said fine levied in any vnse entailed to the person or persons so levying the same fine, or to any the ancestor or ancestors of the same person or persons in possession, reversion, remain- der or in use, shall be, immediately after the same fine levied, engrossed and proclamations made, adjudged, accepted, deemed and taken to all intents and purposes a sufiicient bar and discharge for ever, against the said jJerson and 23ersons and their heirs, claiming the same lands, tenements and hereditaments, or any parcel thereof, only hy force of any such entail, and against all other persons claiming the same or any parcel thereof only to their use, or to the use of any manner of heir of the bodies of them; any ambiguity, doubt, or contrariosity of opinion risen or grown upon the said estatute to the contrary notwithstanding." By virtue of this act a, fine levied by a tenant in tail in possession operated as a bar to his issue.
What to read after The Seisin of the Freehold : Being Twelve Lectures Delivered in Gray's Inn Hall in the Months of January And February, 1876?
You can find similar books in the "Read Also" column, or choose other free books by Williams, Joshua, 1813-1881 to read onlineMoreLess
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