date

6 Aug t 1804 If a man hath issue
6 Aug t 1804

If a man hath issue

a son, and is attainted

& afterwards pardoned,

& then hath issue a

second son, and dies;

here the corruption of

blood is not removed

from the eldest & therefore

he cannot be heir:

neither can the youngest

be heir, for he hath an

elder brother living, of

whom the law takes notice

as he once had a

possibility of being heir,

& therefore the younger

brother shall not inherit,

but the land shall escheat

to the lord: tho',

had the elder died

without issue in the

life of the father, the

younger son born after

the pardon might well

have inherited, for he

hath no corruption of

blood. II 255

In the case of a sole

corporation, as of a parson

of a church, when he

dies of resigns, tho' there

is no actual owner of

the land till a successor

be appointed, yet there

is a legal, potential

ownership, subsisting

in contemplation of

law. II 261

De minimis non curat lex II 262

It...is... necessary for

corporations to have a

licence of mortmain

from the crown, to enable

them to purchase lands:

for as the king is the

ultimate lord of every

fee, he ought not,

unless by his own consent,

to lose his privilege of

escheats & other feudal

profits, by the vesting of lands in tenants that can never be attainted or die. II 269

A deed also, or other grant, made without any consideration, is, as it were, of no effect: for it is construed to enure, or to be effectual, only to the use of the grantor himself., II 290

A deed... written on stone, board, linen, leather, or the like, is no deed. II 297

Livery of seisin... if the conveyance or feoffment be of divers lands lying... in several counties, there must be as many liveries as there are counties. For, if the title to these lands comes to be disputed, there must be as many trials as there are counties, & the jury of one country are no judges of the notoriety of fact in another II 315.

Modus levandi fenis ....is as follows... The party to whom the land is to be conveyed or assured, commences an action or suit at law against the other, generally an action of covenant, by suing out a writ, or precipe, called a writ of covenant: the foundation of which is a supposed agreement or covenant, that the one shall convey the lands to the other; on the breach of which agreement the action is brought. II 330

And, as in the goods of an enemy, so also in his person, a man may acquire a sort of qualified property, by taking him a prisoner in war....And this doctrine seems to have been extended to negro- servants, who are purchased, when captives, of the nations with whom they are at war, & continue therefore in some degree the property of their masters who buy them: though, accurately speaking, that property consists rather in the perpetual service, than in the body, or person of the captive. II 402

Animals ferae naturae, all mankind had by the original grant of the creator a right to pursue & take.... & this natural right still continues in every individual, unless where it is restrained by the civil laws of the country. II 403

No man, but he who has a choise or free warren, by grant from the crown, or prescription which supposes one, can justify hunting or sporting upon another man's soil. II 417

A prescription.... presumes a grant. II 418.
Similar Items
  • 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.
  • 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: [4 June 1806 A release ... a greater]
    Description: 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