date

4 June 1806 A release ... a greater
4 June 1806

A release ... a greater estate's descending upon a less. II 326.

A surrender is the falling of a less estate into a greater by deed. II 326.

A convenant to stand seized to uses by which a man .... is put at once into corporal possession of land ... by a kind of parliamentary magic. II 238

The king's excellency is so high in the law, that no freeholds may be given to the king, nor derived from him but by matter . II 346

Grants made by the king are ex speciali gratia, certa scientia, et mers motu regis. II 347.

King's grants void, if informal or made under a misconception II 348

Assurance to an estate by a fictitious fine. II 348

Fictitious action of recovering to obtain possession of an estate. II 357

For lands obtained by recovery a possibility, in contemplation of law, of an equivalent being obtained from the common recovery II 360

In surrenders a symbol used to represent the estate. II 366

Copyholds cannot be exchanged but by mutual surrendry to each others use. II 367

A devise to a corporation for a charitable use is valid, as operating in the nature of an appointment, rather than that of a bequest. II 376

A man to whom a legacy is left not allowed to be a good witness to a will because in the security for his legacy would be on the real estate, in the other only on the personal assets. II 377.

By law, things moveable considered as of less value than things immoveable. II 384.

Essential to realty immobility. II 386

Corporal investiture &c livery of seisin ... gives the Tenant so strong a hold of ... land, that it never after can be wrested from him during his life but etc. II 386.

The law will not presuppose contingency to happen before it actually does. II 387.

A man may have absolute property in animals domitae but not in animals ferae naturae. II 390

A man may have a qualified property in them [bees] by the law of nature as well as by the civil law. II 392

It is ... felony ... to steal such [animals] as are fit for food, as it is to steal tame animals.. but not so if they are kept for pleasure, curiosity, whim etc ... because their II 393

value is not intrinsic

By the law of nature, every man ... has an equal right of ... taking ... all such creatures as are ferae naturae. II 411.

Upon the principles of the feudal law ... the king is the ultimate proprietor of all the lands in the kingdom. II 415.

A prescription presumes a grant. II 418.

If a man starts any game within his own grounds & follows it into another's, & kills it there, the property remains in himself. And this is grounded on reason &natural justice. II 419

Particular crimes and misdemeanors ... are ... offences against the divine law, either natural or revealed. II 420

In judgment of law a corporation never dies. II 430.

Chamberlain of London a corporation sole. II 432

Husband & wife ... are one person in law; so that the very being & existence of the woman is suspended during the coverture, or entirely merged and incorporatio in that of the husband. II 433.

Penalties to Informers II 438.

The ... right to a satisfaction for injuries is given by the law of nature. II 438.

In ... conveying an estate less than freehold .... [it is] usually expressed to be made in consideration of blood, or natural affection, or of 5 or 10 s nominally paid to the grantor. II 440

Implied Contracts - II 443

If cloth be delivered ... to a taylor to make a suit of cloaths he has it upon an implied contract to render it again when made. II 452

By common a man's removing his goods privately to prevent their being seized was no act of bankruptcy. II 479

Succession ab intestato, presumed to be according to the will of the deceased. II 490.

Persons ... born deaf, blind & dumb ... as they want the common inlets of understanding, are incapable of having animum testandi, & their testaments are therefore void. II 479
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  • Title: [26 May 1804 I 411 Slavery repugnant]
    Description: 26 May 1804

    I 411

    Slavery repugnant to natural law

    I 412

    English law abhors slavery

    I 413

    Natural equity that hiring for an unspecified time should be for a year

    I 417

    Master bringing an action for damage done to his serv t must be assign his own loss

    I 417

    Qui facit per alium, facit per se

    I 421

    Spiritual Courts act pro salute animae

    I 423

    Marriage prohibited between certain persons by God's law

    I 423

    Disabilities to marriage grounded on natural law

    I 428

    Indissolubility of marriages built on divine revealed law

    I 430

    Husband and wife one person

    I 431

    Abjuration of realm = death

    I 431

    Husband & wife not to give evidence ag t each other because they are one person

    I 435

    Natural law for parents to provide for their children

    I 436

    Children disinherited without a sufficient ground assigned may move to have the will set aside on the ground of their parent's loss of reason.

    I 438

    Parents protect their children from a natural duty

    I 441

    Children owe duty to their parent from a principle of natural justice

    I 451

    All persons infants till 21

    I 455

    Corporations immortal

    I 456

    A corporation one person

    I 457

    King, bishops &c, a sole corporation

    I 458

    Parsons never die — every parson being the self same individual as his most remote predecessors

    I 460

    Common law a custom, arising from the agreem t of the whole community

    I 462

    Que facit per alium, facit per se

    I 463

    Corporation an invisible body

    I 463

    — its existence ideal — has no soul

    I 469

    King inspects all corporations in the Kings Bench

    I 472

    Dissolution of a corporation its civil death

    II 3

    Right to property founded on the reveal'd will

    II 3

    Law of nature confers property in first possessor

    II 7

    Originally men had a natural right to occupy any lands

    II 7

    Law of nature allows migration to deserts

    II 8

    By natural law & natural justice occupancy conveys right to possession

    II 9

    By universal law property remains in the taker

    II 10

    Universal law a secondary law of nature

    II 13

    By law of nature upon death of possessor his property should become common

    II 16

    Division of property into personal and real

    II 18

    Land = estates

    II 18

    By law of nature water common

    II 20

    Incorporeal hereditaments

    II 22

    Conveyance of patronage invisible and mental

    II 31

    A rank modus is felo de se

    II 33

    Distinction between common appendant & d o appartenant — a right to put animals that do & do not the ground

    II 37

    Public offices not to be sold the certain consequence being extortion on the purchaser

    II 72

    Corruption of blood

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    Functions dyslogistically epithetized

    I 105

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    I 109

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    I 109 The King in judgm t of law never dies I 110 ...incorporeal hereditaments which savour of the realty. I 121

    A grant of a manor to be constructed to be a tenure for life

    I 125

    An estate... after possibility of issue extinct... must be created by the act of God.

    I 125

    A possibility of issue is always supposed to exist ... tho' the donces be ... on hundred years old. I 150 King can never neglect any thing I 150 The law presumes no wrong in any man

    I 174

    A perpetuity... the law abhors

    175

    II 177

    Wherever a greater estate and a less coincide & must in one & the same person... the less is immediately uninhabitated; or... is said to be merged; that is, sunk or drowned in the greater II 177 The King and the corporation can never die II 199

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    II 199

    Right of possession... & right of property... a double right

    II 210

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  • Title: [20 July 1804 10 It is an ancient maxim]
    Description: 20 July 1804 10

    It is an ancient maxim of the law, that no title is completely good, unless the right of possession be joined with the right of property; which right is then denominated a double right, jus duplicatum, or droit droit. II 199

    2

    It seems founded on a principle of natural reason, that (whenever a right of property transmissible to representatives is admitted) the possessions of the parents should go, upon their decease, in the first place to their children, as those to whom they have given being, and for whom they are therefore bound to provide. II 210.

    3

    3 All rules of succession to estates are creatures of the civil polity, & juris positivi merely. The right of property which is gained by occupancy, extends naturally no farther than the life of the present possessor; after which the land by the law of nature would again become common & liable to be seized by the next occupant .... There is certainly therefore no injutice done to individuals, whatever be the path of descent marked out by the municipal law. II 211.

    4

    This then is the great & general principle, upon which the law of collateral inheritances depends; that, upon failure of issue in the last proprietor, the estate shall descend to

    the blood of the first purchasor, or, that it shall result back to the heirs of the body of that ancestor from whom it either really has, or is supposed by fiction of law to have, originally descended. II 223. 229

    5

    If I give land freely to another, he is in the eye of the law a purchasor; & falls within Littleton's definition, for he comes to the estate by his own agreement, that is, he consents to the gift. A man who has his father's estate settled upon him in tail before he is born, is also a purchasor, for he takes quite another estate than the law of descents would have given him. Nay even if the ancestor divises his estate to his heir at law by will, with other limitations, or in any other shape than the course of descent would direct, such heir shall take by purchase. II 241.

    6

    When a man takes an estate by purchase ... he takes it at feudum antiquum, as a feud of indefinite antiquity. II 243.

    Escheat ... denotes an obstruction of the course of descent ... in which case the land naturally results back, by a kind of reversion, to the original grantor or lord of the fee. II 244.

    7

    The law of escheats is founded upon this single principle, that the blood of the person last seized in fee-simple is .... utterly extinct and gone. II 245.

    8

    Aliens ... are incapable of taking by descent or inheriting: for they are not allowed to have any inheritable blood in them. II. 249.

    9

    Sir Edw d Coke also holds that if an alien cometh into England, & there hath issue two sons, who are thereby natural born subjects; & one of them purchases land & dies; yet neither of these brethren can be heir to the other. For the commune vinculum or common stock of their consanguinity is the father; &, as he had to inheritable blood in him, he could communicate none to his sons; and when the sons can by no possibility be heirs to the father, the one of them shall not be heir to the other. II 250. Since overruled

    10

    The only feodul foundation upon which newly purchased land can possibly descend to a brother, is the supposition & fiction of law, that it descended from some one of his ancestors. II 260

    11

    By attainder ... for treason or other felony, the blood of the person attainted is so corrupted as to be rendered no longer inheritable. II 281.
  • Title: [24 July 1804. In a grant of lands]
    Description: 24 July 1804.

    In a grant of lands to a corporation aggregate, the words "successors" is not necessary, though usually inserted: for, albeit such simple grant be strictly only an estate for life, yet, as that corporation never dies, such estate for life is perpetual, or equivalent to a fee simple, & therefore the law allows it to be one. II 109

    2 In the case of the king, a fee simple will rest in him, without the words "heirs" or "successor" in the grant ... because the king in judgment of laws never dies. II 109

    3 The general rule is that the word "heirs" is necessary to create an estate of inheritance. II 109.

    4 Mere personal chattels which savor not at all of the reality, cannot be entailed. II 113.

    5 As the word heirs is necessary to create a fee, so the word body, or some other words of procreation, are necessary to make it o a fee tail, and ascertain to what heirs in particular the fee is limited. If therefore either the words of inheritance or words of procreation be omitted, albeit the others are inserted in the grant, this will not make an estate-tail. As, if the grant be to a man & his issue of his body, to a man and

    & his children, or offspring; all these are only estates for life, there wanting the words of inheritance, his heirs. So, on the other hand, a gift to a man, & his heirs male, or female, is an estate in fee-tail; for there are no words to ascertain the body out of which they shall issue. II 115

    6 Common- recoveries are ....fictitious proceedings, introduced by a kind of pia fraus, to elude the statute de denis. II 117.

    7 Of...estates ... for life only...some are...merely legal, or created by construction & operation of law. II 120

    8 In case an estate be granted to a man for his life, generally, it may also determine by his civil death; as, if he enters into a monas- -tery, whereby he is ahead in law: for which reason in conveyances the grant is usually made "for the term of a "man's natural life"; which can only deter- -mine by his natural death. II 121.

    9 A possibility of issue is always supposed to exist, in law, unless extinguished by the death of the parties; even though the donees be each of them a hundred years old. II 125.

    Requisite...to make a tenanty by the curtesy ...the issue must...be born during the life of the mother: for, it the mother dies in labour, & the Caesarean operation is performed, the husband in this case shall not be tenant by the curtesy: because at the instant of the mother's death, he was clearly not entitled, as having had no issue born, but the land descended to the child, which he was yet in the mother's womb. II 128.

    By the antient law the wife of a person attainted of treason or felony could not be endowed; to the intent says Stamford, that if the love of a mom's own life cannot restrain him from such atrocious acts, the love of his wife & children may. tho' Britton gives; viz. that it is presumed the wife was privy to her husband's crime. II 120

    If the lean be but for half a year, or a quarter or any less time, this lessee is respited as a tenant for years, & is stiled so in some legal proceedings; a year being the shortest term which the law in this can take notice of. II 140

    In the space of a day all the 24 hours are usually reckoned; the law generally rejecting all fractions of a day in order to avoid disputes. II 141.