Excerpt from A Treatise on Copyhold, Customary Freehold, and Ancient Demesne Tenure, With the Jurisdiction of Courts Baron and Courts Leet, Vol. 2 of 2: Also an Appendix, Containing Rules for Holding Customary Courts, Courts Baron and Courts Leet, Forms of Court Rolls, Deputations, and Copyhold Assurances, and Extracts From the Relative Acts of Parliament Distinction between proper and improper Feuds Proper Knight Service [escuage, Primer Seisin, &c.] 610 Homage Honourable Knight Service, viz. Grand Serjeanty Petit Serjeanty (but this is sometimes termed a dig nified branch of Socage Tenure).Frank-almoign 567, 611 (the Services of Free Socage Tenure.) About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

A Treatise on Copyhold, Customary Freehold, and Ancient Demesne Tenure, With the Jurisdiction of Courts Baron and Courts Leet, Vol. 2 of 2: Also an Appendix, Containing Rules for Holding Customary Cou

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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. 1867 Excerpt: ...19, when a mortgagee had died without having entered into possession, and the money due in respect of the mortgage had been paid, the court was authorized in any of the several cases mentioned in the act, to make an order vesting the lands in such person and manner, and for such estate as the court should direct, and the order was to have the same effect as if (r) See note (r), next page. And it would appear that a copyholder, even if a trustee (s), is answerable for waste in all cases, except it be occasioned by the act of God (t): and that the lord may take advantage of a forfeiture by a person who has been wrongfully admitted, and to whom the rightful tenant released after the forfeiture (a). A surrenderor, whether the surrender be by way of sale or mortgage, is, until the admittance of the surrenderee, to be regarded as a trustee, as far as relates to the lord's right of entry for a forfeiture, either by attainder, or an act of waste, or otherwise (x); the Court of King's Bench having decided in a case where by the custom of the manor the copyhold lands were forfeited by conviction of felony, that the conviction in a charge of felony against a copyholder, who had surrendered by way of mortgage, was a cause of forfeiture (y); for as a surrenderor was tenant for all purposes of service until the admittance of the surrenderee, so he was tenant for the purpose of forfeiting; and the court therefore held in that case, that a peremptory mandamus to the lady of the manor to admit the surrenderee ought not to issue. It follows that a forfeiture will not accrue to the lord by the attainder of an unadmitted surrenderee or devisee (z). the heir, or devisee, or surviving devisee had executed a conveyance or assignment of the lands in the same manner and for the sam...

A treatise on copyhold, customary freehold & ancient demesne tenure; with the jurisdiction of courts baron and courts leet

History

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