Taylor v Shaw
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1823 |
| Date | 01 January 1823 |
| Court | Court of Common Pleas |
English Reports Citation: 124 E.R. 792
COURT OF COMMON PLEAS
See S. C. Carter, 22.
taylor versus shaw. [See S. C. Carter, 22.] Ejectment. The case is this, a tenant in fee of copy-hold lands by custom intails them on himself and the issue of his body, and by custom that is to be barred by seisure of the lord for forfeiture, and not otherwise; the tenant in tail accepts a feoffment of this copyhold from the lord that bath the inheritance, then makes a feotfment of this fand, then levies a fine with proclamation, and suffers a common recovery, and hath a son and dies, the son enters within five years after he comes to age, and leaseth to the plaintiff, and whether his entry be lawful or not, that is the question. Gly Serjeant pro querente. First, upon that that is found here, that a copyholder in tayl according to the custom accepts of a feoffment, whether this shall work any destruction of hi* copy-hold in tail ? I believe not, I Co. 103. As at common law, an acceptance Of another estate doth not work a discontinuance, no more doth this work against the custom, that acceptance must work by estoppel or some such way, and there is none. True, if there were tenant in fee or for life of the copy-hold, if he accepts of any lease of this copy-hold laud, that destroys it; but in our case, it doth not conclude his issue, but the eitate tail is preserved for them by the custom, and though as to him he is concluded, and he cannot say he hath any other [7] estate but what he accepted by the feoffment, yet bis issue shall not be concluded thereby. Vid. Conisbyes case. Secondly, as for the feoffment, whether a copyholder in tail having accepted a feofimenrt doth make a forfeiture? A feoffment, I believe, doth pass away all bis eitate for his time, but as it will not destroy an entail at common law, so neither in this case; and I shall shew anon, that in our case it doth not make a discontinuance nor a bar, for I must prove both. It doth not make a discontinuance, and my reason is, these being common law assurances t|ey do not work upon the assurance of the copy-hold; as Littleton saitb, tbat that doth not work upon the right of the estate tail cannot work a discontinuance. The feoflment works nothing upon the copy-holders interest, but as Littleton saitb, that cannot pass but by surrender. For next the fine; If a man should levy a fine at the common law, this but a feoffment or record; now the same reason holds, for a fine doth no more work upon a copy-hold, than a feoffment doth; indeed a fine may work to the destruction of an estate, where it is not preserved by especial custom, but where its raised and preserved by especial custom aliter; though this be a record of an high nature, yet not working on the interest of the land, it doth not bar nor discontinue. So for the recovery, it is the same, that that is in demand is the free-hold. True if the recovery were in the Lords Court, there the copy-holders interest may be turned to a right: there can be no bar in this case, because of the recovery in value to which warranty is annexed doth not go according to the copy-bold, but according to the free-hold : this being a common law assurance works only a common law interest, and cannst work upon a copy-hold. I cannot deny that copy-hold estates are within the Statute of 4 H. 7, cap. 24, of Fines and Non-claim, 9 Co. Margaret Podgers case. But we are out of it in this case, the time being computed when the infant was born, and his entry, it appears, it was a yiar...
To continue reading
Request your trial
-
O'Farrell v Stephenson
...forÂÂfeiture in question, has elected to avoid the lease, and O'Farrell's lease is now gone for all intents and purposes : Jones v. Carter (6) ; (1) L. R. 13 Eq. 186. (2) L. R. 20 Eq. 682. (3) 3 Ch. Div. 459. (4) (5) (6) 7 Ch. Div. 127. 34 L. T. (N. S.) 15 M. & W. 718. 774. Vol.. IV.] Q. B......
-
Atkinson v Atkinson
...her bounty, if she had intended that they should be so : Butler v. Ommaney (2); Gray v. Garman (3) ; In re Thompson (4) ; CoulÂÂthurst v. Carter (6) ; Ire v. King (6) ; Barnes v. Jennings (7) ; Hannan v. Sims (8); King v. Cleaveland (9); Porter's Trusts (10); Potter's Trusts (11) ; Loring ......
-
The Right Honourable Joseph Leeson Earl of Milltown, and Barbara Countess of Milltown, his Wife, - Appellants; The Honourable William Le Poer Trench, and Others, - Respondents
...v. Tobin, 1 Ves. sen. 310.; Lowndes v. Lvwndes, 15 Ves, 301.; Stanley v. Stanley, 1 Atk. 549.; Bronte v. Berkley, 2 P. W. 484.; Hall v. Carter, 6 B. P. C. 108. 2 Atk. 355. For the Kespondents, Mr. Knight and Mr. Tinney. There are two great rules to be applied in construing wills: first, tha......
-
Caldwell v Dawson
...would pass by a devise of all the testiator's piopeity, and if so, it is a strong assertion to say, that it is not " propeity" 4 EASTON V CARTER 6 EX 8 within the Stamp Act In the case of Wan en v Howe Lord Tenteiden seems to have thought that the expiession " othei property " applied oidy ......
-
The Geek in Review Ep. 157 – ALM’s Bill Carter – It’s All About the Data
...market that ALM is in. Explain to us, you know, how do you see data as maybe a different method for for revenue generation and profit? Bill Carter 22:56 You know, I’d say, since we kind of went through this transformation, one of the things that really had us do was really methodically thin......
-
When Beneficiaries Predecease: an Empirical Analysis
...Ct. 1835); Gore v. Stevens, 31 Ky. (1 Dana) 201, 206-07 (1833); Hayden v. Stoughton, 22 Mass. (5 Pick.) 528, 531, 537-38 (1827); Ballard v. Carter, 22 Mass. (5 Pick.) 112, 117-18 (1827); Hays v. Jackson, 6 Mass. (5 Tyng) 149, 156 (1809); George v. Green, 13 N.H. 521, 524-27 (Super. Ct. 1843......
-
Expert Psychological Testimony on Credibility Issues
...mined that there was no showine that his efforts had Drapressed ~~~ &lld at 175 '*Id at 177 1 Compuie Snipes and United States j. Carter, 22 11 J 771 IA C M R 1. petition fikd. 22 M.J 414 ICXA 19861 uizh United Staler V. Cameron 21 M J. 69IC M A 1986) and Umted States v Tamlmson. 20 h% ......
-
What is a search? Two conceptual flaws in Fourth Amendment doctrine and some hints of a remedy.
...not be broadcast to the world."). (6.) See Edwin J. Butterfoss & Mary Sue B. Snyder, Be My Guest: The Hidden Holding of Minnesota v. Carter, 22 HAMLINE L. REV. 501 (1999) (criticizing the narrowing of what constitutes a "legitimate expectation of privacy"); Mary I. Coombs, Shared Privac......
-
Failed Revolutions: Social Reform and the Limits of Legal Imagination.
...of its protagonists' legendary deeds; in Greenberg's book, the heroes include Thurgood Marshall,(4) Constance Baker Motley,(5) Robert L. Carter,(6) Greenberg himself, and myriad other LDF lawyers who crafted the legal strategy of the modern civil rights era with such landmark cases as Brown......
-
Ministry of Health Provisional Order Confirmation (Leeds) Act 1947
...... 1 o For the use of the stable and manger on any weekday for any cart or waggon for each horse 10 For 'each carrier's or porter's cart ... ... ... 6 For each cart other than a carrier's or porter's cart ... v 2 Ch. xxiii. Ministry of Health 10 & n Geo. 6. Provisional Order Confirmation {......
-
Act 230, HJR 224
...Greene, Payne, Humphryes, 4 Baker, Bandy, Barton, Beasley, Beason, Black (L), Black (M), 5 Boothe, Boyd, Bridges, Buskey, Carns, Carothers, Carter, 6 Clark, Clouse, Crigler, Curry, Dolbare, Dukes, Dunn, Ford Ford (J), Gaines, Galliher, Gaston, Gipson, Graham, Grantland, 8 Greeson, Guin, Hal......
-
Act 180, HJR 129
...Ms. Carter designed and created the school’s 20 website, as well as maintains it; and 21 WHEREAS, the contributions made by Rosemary Carter 22 to the Enterprise School System and College Street School are invaluable, and as a result of her dedication she 24 has succeeded in compiling an imp......
-
Act 216, HJR 223
...Greene, Payne, Curry, 4 Baker, Bandy, Barton, Beasley, Beason, Black (L), Black (M), 5 Boothe, Boyd, Bridges, Buskey, Carns, Carothers, Carter, 6 Clark, Clouse, Crigler, Dolbare, Dukes, Dunn, Ford (C), (J), Gaines, Galliher, Gaston, Gipson, Graham, Grantland, 8 Greeson, Guin, Hall (A), Hall......