17. What four requisites are necessary to make a tenancy by the curtesy? 127. 18. What does the husband become by the birth of the child; and what is he not till the death of the wife? 127, 128. 19. What is a tenancy in dower? 129. 20. Who may and may not be endowed? 130. 21. What crimes of the husband bar the wife's dower? 130, 131. 22. Of what may and may not a wife be endowed? 131. 23. Upon what principle are all endowments made? 131. 15. In what case is a tenant at will entitled t emblements? 146. 16. What act amounts to a determination of the will on either side? 146. 17. How have courts of law leaned in constructing demises where no certain term is mentioned? 147. 18. What notice is requisite to determine a tenancy from year to year? 147. 19. In what one species of estate at will is the will qualified by what? 147, 148. 20. What seems to have been the reason why the absolute freehold was never granted by lor is to their villeins? 148, 149. 21. What kind of freehold have customary free 24. How long must the husband be seised of land in order to entitle the widow to dower? 132. 25. What is usually called the widow's free-holders? 149. bench? 132. 26. What are the four species of dower now subsisting? 132, 133. 27. Of what part of his lands might a husband endow his wife ad ostium ecclesiæ? 133-135. 28. What is now the only usual species of endowment? 135. 29. What is called the widow's quarantine? 135. 30. What is a writ of admeasurement of dower? 136. 31. How may dower be barred or prevented? 136, 137. 32. How is a jointure defined by Sir Edward Coke? 137. 33. What did the statute of uses provide as to barring a wife of dower? 137, 138. 34. What four requisites must be punctually observed to make a jointure good? 138. 35. What if the jointure be made to the wife after marriage? 138. 36. What if the jointress be evicted of her jointure on account of its being made on a bad title? 138. 37. What are the comparative advantages of situation between tenant in dower and jointresses? 138, 139. CHAP. IX.-Of Estates less than Freehold. 1. WHAT are the three sorts of estates less than freehold? 140. 2. What is an estate for years? 140. 3. What is a month in law? 141. 4. What is a lease for a twelvemonth? 141. 5. How many hours does the law reckon in the space of a day? 141. 6. How might a lessee estate be defeated by the ancient law? 142. 7. What is an indispensable requisite to an estate for years? 143. 8. Why cannot a lease for life commence in futuro, though a lease for years may? 143, 144. 9. What right has a tenant for years in the tenement? 144. 10. Of what is he possessed when he has entered the tenement? 144. 11. What is the legal difference between the term and the time of a lease for years? 144. 12. What are the incidents to an estate for years? 144, 145. 13. What is the difference of situation between a tenant for life and a tenant for years with regard to emblements? 145. 14. What is an estate at will? 145. 22. What are the comparative advantages of interest between a copyholder of inheritance with a fine certain and an absolute freeholder? 150. 23. What is an estate at sufferance? 150. 24. Against whom can no man be tenant at sufferance? 150. 25. How must an owner of lands vary his proceeding in an action of trespass against a tenant by sufferance from the same action against a stranger? 150. 26. What have the statutes 4 & 11 Geo. II. c. 23 and 19 enacted in the cases of a tenant's holding over his term or his own notice to quit? 151. CHAP. X.-Of Estates upon Condition. 1. WHAT are estates upon condition? 152. 2. Of what two sorts are estates upon condition? 152. 3. What three other conditional estates are included under this last sort? 152. 4. What are estates upon condition implied in law? 152. 5. By what two breaches of an implied condition may an office be forfeited? 153. 6. How do a public and a private office differ in respect of forfeit ? 153. 7. Upon what principle proceed all the forfeitures which are given by law of life estates and others? 153. 8. What is an estate on condition expressed? 154. 9. Of what two sorts are condition expressed? 154. 10. What is an estate "to a man and his heirs, tenants of the manor of Dale"? 154. 11. What is the distinction between a condition in deed and a limitation or condition in law? 155. 12. In all instances of limitations or conditions subsequent, where the condition is contingent and uncertain, what estate has the grantee so long as the condition remains unbroken? 156. 13. When are conditions void? 156 14. When are estates, upon void conditions, absolute in the tenant, and when in the feoffor? 157. 15. Of what two kinds are estates held in vadio, in gage, or pledge? 157. 16. What is vivum vadium, or living pledge? 157. 17. What is mortuum vadium, dead pledge or mortgage? 157, 158. 18. Who was tenant in mortgage? 158. 19. Whence is the origin of granting a long term of years by way of mortgage? 158. 20. What is equity of redemption? 159. 21. What is a foreclosure? 159. 22. What are estates held by statute merchant and statute staple? 160. 23. What is an estate by elegit? 161. 24. Why are estates by statute merchant, statute staple, and elegit, chattel interests, and not freehold? 161, 162. CHAP. XI.-Of Estates in Possession, Remainder, and Reversion. 1. Or what two natures are estates with regard to the time of their enjoyment? 163. 2. What two sorts of expectancy are there; and by what acts are they severally created? 163. 3. What is the difference between estates executed and estates executory? 163. 4. What may an estate in remainder be defined to be? 164. 5. When lands are granted to A. for twenty years, with remainder to B. and his heirs forever, are not these two estates? 164. 6. What are the three rules laid down by law to be observed in the creation of remainders? 165, 167, 168. 7. What is called the particular estate? 165. 8. Why cannot an estate of freehold be created to commence in futuro? 166. 9. Is a remainder an estate commencing in præsenti or in futuro? 165, 166. 10. What particular estate will, and when will a particular estate not, support a remainder over? 166, 167. 11. Can a remainder be granted of a chattel interest? 167. 12. In what case is it necessary that a lessee for years should have livery of seisin? 167. 13. Need the precedent particular estate and the remainder be in esse at one and the same time during the continuance of the first estate; or what latitude is allowed? 168. 14. Of what two sorts are remainders? 168. 15. What are vested or executed remainders? 168, 169. 16. On account of what two sorts of uncertainty may remainders be contingent or executory? 169. 17. What is enacted by statute 10 & 11 W. III. c. 16 as to posthumous children taking remainders? 169. 18. What are potentia propinqua and potentia remotissima? 170. 19. Why cannot a contingent remainder of freehold be limited on any particular estate less than a freehold? 171. 20. How may contingent remainders be defeated? 171. 21. Is there no way of preventing this defeat? 171. 22. What is an executory devise? 172. 27. What has been settled in order to prevent the danger of perpetuities as to the persons to whom remainders may, by an executory devise, be limited over after a term of years has been given to one man for his life; and what has been also settled as to the contingencies upon which such remainders may be limited to take effect? 174, 175. 28. What is an estate in reversion? 175. 29. What are the two usual incidents to rever sions? 176. 30. What is enacted by the statute 6 Anne, c. 18 in order to assist such persons as have any estate in remainder, reversion, or expectancy, after the death of others, against fraudulent conceal ments of their deaths? 177. 31. What happens whenever a greater estate and a less coincide in the same person in the same right without any intermediate estate? 177. 32. What one exception is there to this rule; and what is the reason of this exception? 177, 178. CHAP. XII.-Of Estates in Severalty, Joint- 1. In what four different ways may estates be held with respect to the number and connections of their owners? 179. 2. Who is tenant in severalty? 179. 3. What is an estate in joint-tenancy? 179. 4. How may this estate be created? 180. 5. From what are the properties of a joint-estate derived? 180. 6. Of what four kinds is the unity of a jointestate? 180-182. 7. If an estate in fee be given to a man and his wife, how are they seised? 182. 8. Upon the decease of one joint-tenant, what share of the estate remains to the survivor; ánd why? 183, 184. 9. Why cannot the king, or any corporation, be joint-tenant with a private person? 184. 10. How may an estate in joint-tenancy be severed and destroyed? 185. 11. But why is a devise of one joint-tenant's share by will no severance of the jointure? 186. 12. In what case is it disadvantageous for joint-tenants to dissolve the jointure? 186. 13. What is an estate held in coparcenary? 187. 14. Who are parceners by common law? 187 15. Who are parceners by particular custom? 187. 16. What are the properties of parceners? 188. 17. Which of the four unities of a joint-estate have parceners? 188. 18. In what five points do parceners differ from joint-tenants? 188. 19. What are the five methods in which parce ners may make partition? 189. 20. What is the law of hotchpot, which is in 23. In what three points does it differ from a cident to this estate? 190, 191. remainder? 172, 173. 21. In what three ways may an estate in co 24. Why may a devise of freehold commence in parcenary be dissolved? 191 futuro? 173. 25. Within what time does the law's abhorrence of a perpetuity declare that the contingencies of an executory devise ought to be such as may happen? 173, 174. 26. Why does the law abhor a perpetuity? 174. 22. Who are tenants in common? 191-193. 23. Which of the four unities of a joint-estate have tenants in common? 191. 24. By what two means may tenancy in common be created? 192, 193. 25. Does the law, in its construction of a deel, favour joint-tenancy or tenancy in common? | half-blood of the person last seised, so that it be 193. 26. What are the incidents attending a tenancy in common? 194. 27. In what two ways only can estates in common be dissolved? 194. the blood of the first purchasor; and why? 233. 23. For this reason, in what kind of estate is half-blood no impediment to the descent? 233. 24. What is the seventh and last rule or canon o inheritance? 234. 25. What is the most probable original of this CHAP. XIII.—Of the Title to Things Real in Ge- rule? 235. neral. 1. WHAT is the title to things real? 195. 26. When is this rule totally reversed? 236. Escheat. 2. What are the four several stages or degrees CHAP. XV.-Of Title by Purchase; and, first, by requisite to form a complete title to lands and tenements? 195-197, 199. 3. What is the mere naked possession; how may it happen; and in what degree is it a legal title? 195, 196. 4. What are the two sorts of right of possession; and by what means may the first grow into the second? 196, 197. 5. What is the mere right of property; and how can it recover the right of possession? 197, 198. CHAP. XIV.-Of Title by Descent. 1. By what two methods may the title to things real be reciprocally acquired on the one hand and lost on the other? 201. 2. What is the title by descent? 201. 3. What is consanguinity; and of what two kinds? 202. 4. Wherein do these two kinds of consanguinity differ? 203, 204. 5. In what does the very being of collateral consanguinity consist? 205. 6. What is the method of computing the degrees of collateral consanguinity? 206, 207. 7. What is the first rule or canon of inheritance according to which estates are transmitted from the ancestor to the heir? 208, 210. 1. WHAT is purchase, taken in its largest and most extensive sense? 241. 2. If an estate be made to A. for life, remainder to his right heirs in fee, by what shall the heirs take? 242. 3. What was meant by calling William the Norman Conqueror? 243. 4. In what two points does the difference in effect between the acquisition of an estate by descent and by purchase principally consist? 243, 244. 5. What five methods of acquiring a title to estates does purchase include? 244. 6. What is escheat? 244, 245. 7. Upon what principle is the law of escheats founded? 245. 8. What are the first three cases wherein inheritable blood is wanting? 246. 9. What is the fourth case wherein inheritable blood is wanting? 246, 247. 10. What is the fifth case? 247, 248. 11. Who are bastard eigne and mulier puisnè; and in what case may the former bar the latter of his inheritance; and this for what three reasons? 248. 12. What legal heirs can a bastard have? 249. 13. What is the sixth case wherein inheritable 8. What is the difference between an heir ap- blood is wanting? 249. parent and an heir presumptive? 208. 9. Who cannot be accounted such an ancestor as that an inheritance of lands or tenements can be derived from him? 209. 10. What is the second rule or canon of inheritance? 212, 213. 11. What is the third rule or canon of inheritance? 214, 216. 12. What are exceptions to this rule? 216. 13. In what one inheritance does succession by primogeniture take place among females? 216. 14. In what one inheritance does sole succession take place among females? 216. 14. What is the difference of inheritable operation on the blood of alien in the acts of denization and of naturalization? 249, 250. 15. If an alien come into England and there have issue two sons, who are thereby naturalborn subjects, and one of them purchase land and die, who cannot be his heir, and why? 250. 16. What is enacted by the statute 11 & 12 W. III. c. 6 as to the inheritance of natural-born subjects deriving their pedigrees through aliens; and how is this statute qualified by that of 25 Geo. II. c. 39? 251. 17. What is the seventh case wherein inherit 15. What is the fourth rule or canon of inherit- able blood is wanting? 251. ance? 217. 18. What is the difference between forfeitures 16. When is an inheritance divided per stirpes, of lands to the king and escheat to the lord? 251and when per capita? 217, 218. 17. What is the fifth rule or canon of inheritance? 220, 222. 18. What is the great and general principle upon which the law of collateral inheritances depends? 223. 19. What is the sixth rule or canon of inheritance, being, like the seventh and last, only a rule of evidence who the purchasing ancestor was? 224. 20. Who is a kinsman of the whole blood? 227. 21. Why is the exclusion of a kinsman of the half-blood not unreasonable? 228-232. 22. What one inheritance may descend to the 254. 19. By what means only can the corruption of blood be absolutely removed? 254. 20. If a man attainted be pardoned by the king, can his son inherit? 254. 21. If a man have issue a son and be attainted, and afterwards pardoned, and then have issue a second son and die, who cannot be his heir, and why? 255. 22. If the ancestor be attainted, may his sons be heirs to each other? 255. 23. What is declared in most of the new felonies created by act of parliament since the reign of Hen. VIII.; and wherefore is it so? 256. 24. In what singular instance are lands held 25. What is the eighth and last case wherein CHAP. XVI.-Of Title by Occupancy. 1. WHAT is occupancy? 258. 2. To what single instance, so far as it con- 3. Why was no right of occupancy allowed where 5. But what do the statutes of 29 Car. II. c. 6. What is the commentator's opinion as to 7. What is the law of alluvion and dereliction? CHAP. XVII.-Of Title by Prescription. 2. What is called prescribing in a que estate? 264. 3. What has the statute of limitations, 32 Hen. 5. Why cannot a prescription give a title to 6. In whom must a prescription be laid? 265. 9. For what more may a man prescribe in 10. Is there not a difference in the inheritance CHAP. XVIII.-Of Title by Forfeiture. 2. By what eight means may lands, tenements, 3. What are the six offences which induce a 4. Of what three kinds is the alienation con- 6. How were common recoveries invented? 271. 7. How were uses and trusts invented? 272. 9. What is enacted by the statute 9 Geo. II. 10. Who are excepted out of this act; and 11. Why is alienation to an alien a cause of 12. When are alienations by particular tenants 13. What is it if tenant in tail alienes in fee; 14. In case of forfeiture by particular tenants, 15. What is disclaimer, in its nature and con- 16. What is forfeiture by lapse? 276. 18. What is the term in which the title to pre- 19. What if the bishop be both patron and or- 20. What if the bishop or metropolitan do not 21. What if the king do not? 277. 22. In what cases only is the bishop required 23. When does the law style the bishop a dis- 24. What if the right of presentation be con- 25. What is forfeiture by simony? 278, 279. 27. Is it simony for a clerk to purchase the 28. Is it simony for a father to purchase such 29. What if a simoniacal contract be made with the patron, the clerk not being privy thereto ? 280. 30. Are bonds given to pay money to cha- 31. What bonds of resignation are not simoni- 32. Are general bonds of resignation legal? 33. What are the only causes for which the 34. Of what two kinds are the conditions the 35. What is waste, and of what two kinds? 36. What are the general heads of waste in 37. Who are liable to be punished for waste, 38. What is the punishment for committing 39. By what may copyhold estates be forfeited? 284. 40. Who is a bankrupt? 285. 41. What becomes of a bankrupt's lands and 42. With only what exception has the statute CHAP. XIX.-Of Title by Alienation. 1. WHAT is alienation, conveyance, or purchase, 2. Who are capable of conveying and pur- 3. How alone may contingencies and mere pos- 4. What seven descriptions of persons are in- 5. Are the conveyances and purchases of idiots 6. May a non compos plead his own disability 7. May his next heir, or other person inte- 8. How may the purchase of a feme-covert be 9. What of the conveyance or other contract 10. What only can an alien hold? 293. 11. What are the legal evidences of alienations 12. Of what four kinds are these common as- CHAP. XX.-Of Alienation by Deed. 1. WHAT is a deed in its general nature? 295. 2. What is an indenture? 295. 3. What is a chirograph? 296. 4. Which is the original, and which the coun- 5. What is a deed-poll? 296. 6. What are the eight requisites of a deed? 7. What are the eight usual, formal, and or- 8. What are the premises of a deed? 298. 10. What is the reddendum? 299. 11. What is a condition? 299, 300 801. 14. What was the difference between lineal 15. What was a warranty commencing by dis- 16. In case the warrantee was evicted, what 17. What warranties against the heir are now 18. What are covenants? 304. 19. What is the difference of effect between 20. For what reasons has the covenant, in 21. Of what does the conclusion of a deed con- sist? 304. 22. Is a deed gool with no, or a false date? 23. When is it necessary to the validity of a 24. What if a deed be read falsely? 304. 26. What is the delivery of a deed; and what 27. What is the difference between a deed and 28. Of what use is the attestation of a deed? 29. Must the witnesses sign the deed? 307, 30. By what five means may a deed be avoided? 31. What are those deeds called which are generally used in the alienation of real estates? 309. 32. Of what two natures are conveyances as 33. Of what two kinds are conveyances by the 34. What are the six species of original con- 36. What is necessary to the perfection of a 37. What if an heir dies before entry made 38. By what delivery is a conveyance of a copy- 39. What is necessary, by the common law, 40. What is necessary in leases for years? 314. 42. If a freehold remainder be created after, 43. Of what two kinds is livery of seisin ? 315. 44. How is livery in deed performed? 315, 318. 46. What is the conveyance by gift donatio? 47. What are grants concessiones? 317. 49. What was the old meaning of the word 50. To what one species of leases is livery of 51. What three manner of persons does the 52. But what are the nine requisites that the 53. Unless under what six regulations do the 54. Is there not another restriction with re- |