A general abridgment of law and equity Volume 10; alphabetically digested under proper titles with notes and references to the whole

 
9781235937637: A general abridgment of law and equity Volume 10; alphabetically digested under proper titles  with notes and references to the whole
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1792 Excerpt: ...recovers the fame rent against the tenant in tail, and makes his title by the recovery upon the matter he ought to aver the life of the tenant in tail; for he cannot recover fee-simple of the rent of which there was no fee before, by several; butquære inde. Br. Averment, pi. 18. cites 15 E. 4.0. 8. Where tenant in tail is of rent which had no esse before the grant made in tail, and he grants it over, the grantee, who avows or justifies, ought to aver the life of the tenant in tail, so by several where he suffers a recovery of the rent, quære; for by some there is fee-simple for the time. Br. Tail and Dones &c. pi. 15. cites 15 E. 4. 6. 8. 9. Trespass upon the 8 H. 6. the defendant said, that the elbot of B. was seised infee&c. zn&gave in tail to A. with assent,of this covent the remainder to N. in tail, by which A. was seised, and died without issue, and A', entered as in his remainder, and died, and J. as heir in tail, entered, que estate he has, and had tempore ingresius &c. which J. is yet alive and gave colour to the plaintiff. And so fee that he who claims que estate of a tenant in tail ought to aver bis Use; quod nota. Br. Averment, pi. 19. cites 15 E. 4.16. (R. a. 5) Leases. Void cyirot on Account of the Maker. Not having an Absolute Estate. X. TCATHE R of an infant leased the son's lands for twenty years, at full age the son on the back of the indenture released to defendant all his right; per Wray, this lease by the father as guardian was voidable only by the son, and then such endorsement is a good alignment. 2 Le. 220, 221. pi. 278. Pafch. 16 Eliz. B. R. Anon. 2. Tenant in socage made a lease for four years and died, his heir within the age of eight years; the mother being guardian in socageleaks by indenture to the fame...

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