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Side 190
[ 37 El . Chesthe feoffee be disseised , and a descent cast , and ter . ) 1 The Cambridge MS . states the law as to deprivation only ; adding : “ But of a resignation it is otherwise ; for that is merely the act of the party .
[ 37 El . Chesthe feoffee be disseised , and a descent cast , and ter . ) 1 The Cambridge MS . states the law as to deprivation only ; adding : “ But of a resignation it is otherwise ; for that is merely the act of the party .
Side 192
... the immediate cause is from the party , though the descent be cast by act in law : but the law doth but execute the act which the party procureth ; and therefore the descent shall not bind . Et è converso ; Dy . f . 4,5 .
... the immediate cause is from the party , though the descent be cast by act in law : but the law doth but execute the act which the party procureth ; and therefore the descent shall not bind . Et è converso ; Dy . f . 4,5 .
Side 193
So in the binding of a right by a descent , you are to consider the whole time from the disseisin to the descent cast ; and if at all times the person be not ; privileged , the descent binds . And therefore , if a feme covert be ...
So in the binding of a right by a descent , you are to consider the whole time from the disseisin to the descent cast ; and if at all times the person be not ; privileged , the descent binds . And therefore , if a feme covert be ...
Side 197
I take it to be a good replication , that he hath formedon also upon that depending , where unto the tenant hath pleaded the descent of the reversion of white acre ; and so neither shall be a bar . 2 And yet there is no doubt but ...
I take it to be a good replication , that he hath formedon also upon that depending , where unto the tenant hath pleaded the descent of the reversion of white acre ; and so neither shall be a bar . 2 And yet there is no doubt but ...
Side 223
6 8 . which is in by descent make a lease for life , the remainder for life unto the disseisee , and the lessee for life die ; now the frank tenement is cast upon the disseisee by act in law , and thereby he is disabled to bring his ...
6 8 . which is in by descent make a lease for life , the remainder for life unto the disseisee , and the lessee for life die ; now the frank tenement is cast upon the disseisee by act in law , and thereby he is disabled to bring his ...
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according action ancient appear attainted authority Bacon believes body brought called Camb cause cestui collection common law condition consideration conveyance course court covenant death debts deed descent difference doth doubt enter error executed executor fact father felony feoffee feoffment former give given grant ground hand hath heir hold inheritance intent issue judges judgment jury justices kind King King's land lease limitation lord matter means ment mind nature never omitted otherwise particular party pass peace person possession present profits purchase question quod reason remainder remedy rent rule saving seems seised stand statute stranger tail taken tenant things third thou thought tion true trust turn unto VIII void whereof whole wife words writ