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DEEDS,

objects of, 127

definition of, 129

their various kinds, indented, or poll, 129

precedents of, appendix, 153

usual parts of, 130

eight circumstances usually necessary to, 131

seven usual parts of, 130

DEFEASANCE, what it is, 139

DESCENT,

what it is, 42

contradistinguished from purchase, 42

DEVISES OR WILLS, 145

DIGNITIES,

definition of, 28

are an incorporeal hereditament, 28

descent of, 29

DOWER,

origin of, 65

definition of, 66

may be had in equitable interests, 69

arrears of, cannot be recovered for more than six
years, 70

EQUITABLE ESTATES, distinguished from the legal,
98, 99

EQUITY, COURTS OF,

consider money as land, 19

that done, which is agreed to be done, 18

follow the law, 98

ESTATES,

definition of, 52

various kinds of, 53

freehold, 54

copyhold, 85

legal or equitable, 90, 98, 99

ESTATES-(continued)

at will, 81

at sufferance, 83

EXCHANGE,

definition of, 135

no warranty now created by, 135
EXECUTORY DEVISES, 106
EXEMPTIONS from payment of tithes, 24
EXPECTANCY, ESTATES IN, 101

doctrine of, very abstruse and difficult, 101
important to be well understood, 101

remainders, vested, contingent, 104

FEE-SIMPLE, ESTATE IN, 55
FEE-TAIL, ESTATE IN,

what it is, 57

tail special, 58

FEME COVERTE,

estates of, rights, disabilities, 35

wills of, 36

FEOFFMENT,

definition of, 132

proper words to be used in deed of, 132

ancient charter of, 165

FEUDS, definition of, were arbitrary, afterwards

descend, 8, 9

FINES AND RECOVERIES,

what they were, 142

why so called, 143

are now abolished, 60, 144

FINES, as to admission to Copyholds, 88

FORMS. See TABLE OF CONTENTS.

FRANCHISE,

is an incorporeal hereditament, 21

various kinds, 30

FRAUDS, statute of, 128

FREEHOLD ESTATES, division of, 54

GIFT,

definition of, 133

form of, 166

GRANT, definition of, 133

HEREDITAMENT, comprehends everything that may

be inherited, 18

HERIOTS,

due to the lord on death of tenant, 88

fraudulent sale, to defeat the lord of, is void, 89

INDENTURE,

deed of, defined, 129

not now required, 129

INCORPOREAL PROPERTY, of what it consists, 19
INCORPOREAL HEREDITAMENTS, defined, are
principally of ten sorts, 21

INFANT,

disabilities of, 37

mortgagees, may convey by direction of Court of

Chancery, 37

INHERITANCE,

what it is, 42

distinguished from purchase, 43

INTESTATE, who said to be so, 48

JOINTURE,

what it is, 71

may be legal or equitable, 72

JOINT TENANCY,

definition of, 114

four incidents to its creation, 117

JOINT TENANTS,

always take by purchase, 115
the survivor takes the whole, 118
are seised per mie and per tout, 118
cannot enfeoff their companions, 116

JOINT TENANTS-(continued)

may sever the tenancy, 116

must jointly sue upon contract relating to joint
estate, 118

Courts of Equity rather opposed to them, 119
possession of one is not now the possession of
all, 120
JURISPRUDENCE,

whence that of England derived, 5

many rules to be traced to feudal principles, 6

LAND,

what it legally includes, 17

extends upwards as well as downwards, 17

LAWS,

arose from the necessities of mankind, 13, 14
their gradual improvement, 2

LEASE,

definition of 133

usual words in, 134

LEASE AND RELEASE,

definition of, 141

lease not now required, 7 & 8 Vict., c. 76, 141
LEGAL, distinguished from the equitable estate, 98, 99
LIFE ESTATE, 62

for one's own life, pour autre vie, 61, 62
LIMITATIONS, good as executory devises which are
not so as remainders, 106

LUNATICS, committees of, their powers, 38
MANDAMUS, grantable, to admit to copyhold, 89, 90
MANORS, lords of, their power, 86

MARRIED WOMEN, alienation by, 145

MIXED PROPERTY, what it is, 15, 16

MONEY, when considered in equity is land, 19

MORTGAGOR, in possession regarded as tenant at will

to mortgagee, 83

MORTGAGEES, where lunatic, committees of, may

convey, 38, 39

OCCUPANCY, special, what it is, 45

OFFICES, definition of, 27

PARTS OF A DEED, 130

PERPETUITY,

an inseparable property of a corporation, 40
PERSONAL PROPERTY, definition of, 15
POLL DEED,

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POWERS, execution of, 36. Appendix.
PRECEDENTS. See TABLE OF CONTENTS.
PRESENTATION,

of a clerk to the bishop, what it is, 22
time within which it must be made, 23
PRESCRIPTIONS,

de modo decimandi, and de non decimando, 25

PROPERTY,

definition of, 14

division of, by law of England, 15

probable origin of right of, 12

how interest in, may commence or terminate, 46

PURCHASE,

definition of, 43

contradistinguished from inheritance, 42
QUIA EMPTORES, object of the statute, 10
QUALIFIED, fee-simple, 56

REAL PROPERTY, defined, 15

RECOGNIZANCE,

is the acknowledgment of a former debt, 140
RECOVERIES,

what they were, 144

abolished by 3 & 4 W. IV., c. 74, 61, 144.

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