A New Abridgment Of The Law

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A New Abridgment Of The Law

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A New Abridgment Of The Law

Author: Charles Edward Dodd
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This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

A New Abridgment Of The Law In Seven Volumes

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A New Abridgment Of The Law With Large Additions And Corrections

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A New Abridgment Of The Law Vol 3 Of 7 Classic Reprint

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Excerpt from A New Abridgment of the Law, Vol. 3 of 7 Tenant by the curtesy is he, who after his wife's death (having had issue by her inheritable) is introduced into her inheritance, and has an estate for life therein; and he is so called from the favour or curtesy of that law which made this provision for him, to which he had no natural right, nor to which any other nations, (a) except those of Great Britain and Ireland, admitted him. Dr. & Stud. lib. 1, c. 7; Co. Lit. 30, a; Cowell, tit. Curtesy; it began in England and Ireland in the time of H. 1, Seld. Jan. 65; and in Scotland in the time of Malcolm. Macan. 56. Both by a positive institution. 0 Four things are requisite to constitute a tenancy by the curtesy, namely, marriage, seisin of the wife, issue, and death of the wife. It is not, however, indispensable that seisin and issue should concur at the same time. Jackson v. Johnson, 5 Cowen, 74. (a) [This is a mistake; it was known in other countries, though not under this name. By the rescript of Constantine it is established, ut h reditatis matern pater usum fructum, filii proprietatem haberent. Crag. j. f. dieg. 22, $40; Cod. 1. 6, le. 1. And the laws of the Almains define the estate almost in the very terms used by the laws of England. Lindenbrog, L. Aleman. 1, 92. We find it in the feudal system, not indeed as a necessary consequence of the feudal tenure in its original purity, but arising from the express terms of the investiture. The language of the feudal law is maritus uxori non succedit in feudum, nisi sit specialiter investitus. Wright's Ten. 193, n. c. B This estate was not unknown to the ancient Germans and Normans; and in France there were several customs, which gave a somewhat similar estate to the surviving husband out of the wife's inheritances. Bouv. L. D., Estate by the Curtesy; Merlin, Repert. mots Linotte, et Quarte de Conjoint pauvre.g Sir W. Blackstone inclines to think, that tenancy by the curtesy of England was so called, as signifying an attendance upon the lord's court or curtis, (that is, being his vassal or tenant, ) not as denoting any peculiar favour belonging to this island. 3 Comm. 126. The contrary, however, is maintained by one of his successors in the Vinerian chair. 2 Wooddes. 18. [The words of this law, as they are found in a writ of 11 H. 3, ordaining the reception of it in Ireland, are, Si aliquis desponsaverit aliquam mulierem, sive viduam, sive aliam, h reditatem habentem, et ipse post-modum ex ea prolem suscitaverit, eujus clamor auditus fuerit inter quatuor parities, idem vir, si super vixerit ipsam uxorem suam, habebit tota vita sua custodiam h reditatis uxoris su licet ea forte habuerit h redem, de primo viro suo qui fuerit plen tatis. Rot. Claus. 11 II. 3; Wright's Ten. 193, n. 9; Hale's Hist. C. L. 180. The right of a husband to retain the land of his deceased wife was confined, according to Glanville, (5) to such estates as were given with the woman in maritagium. But in Bracton's time the claim had extended itself; for he says, (c) the husband should have the land if he married a woman habentem h reditatem vel maritagium, vel aliquam terram ex causa donationis, having any inheritance, whether a maritagium or other gift of land. (6) Lib. 7, c. 18. (c) Lib. 5, c. 30, 7. It appears from both these writers, that the second husband was equally entitled to be tenant by the curtesy with the first. But this doctrine was combated by one Stephanus de Segrave, whose name is found among the justices itinerant in the reign of Henry the Third, as founded on a misconception of the meaning and design of this sort of estate. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com"

A New Abridgment Of The Law By Matthew Bacon Of The Middle Temple Esq

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A New Abridgment Of The Law Vol 2 Classic Reprint

Author: Matthew Bacon
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Excerpt from A New Abridgment of the Law, Vol. 2 This manner Of conveying lands is created and established by the 27 H. 8, c. 10, which executes all uses raised; and, as this hath intro duced a more secret way of conveyancing than was known to the policy of the common law, therefore the enrolment of the deed of bar gain and sale was made necessary by the l6th chapter of the statute; but the learning on this head depending on statutes, it is first proper to recite that. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

A New Abridgment Of The Law

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New Abridgment Of The Law

Author: Matthew Fl 1730 Bacon
Editor: Wentworth Press
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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

A Concise Abridgment Of The Law Of Personal Property

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Encyclop Dia Of The Laws Of England

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Legal Bibliography New Series

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Encyclopaedia Of The Laws Of England

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Catalogue Of The New York State Library Jan 1 1850

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Catalogue Of The New York State Library 1855 Law Library

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Catalogue Of The New York State Library

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A New Abridgment Of Law S Serious Call To A Devout And Holy Life

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