Our Legal Heritage, King AEthelbert, 596 to King George III, 1775Reilly, S. A.
History
Our Legal Heritage, King AEthelbert, 596 to King George III, 1775
Reilly, S. A.
Law -- England -- History
The common law held that a bailee is entitled to possession
against all persons except the owner of the bailed property.
Former justice Sir Thomas Littleton wrote a legal textbook
describing tenancies in dower; the tenures of socage, knight's
service, serjeanty, and burgage; estates in fee simple, fee tail,
and fee conditional; inheritance and alienation of land. For
instance, "Also, if feoffment be made upon such condition, that if
the feoffor pay to the feofee at a certain day, etc., 800s. forty
pounds of money, that then the feoffor may reenter, etc., in this
case the feoffee is called tenant in mortgage, ... and if he doth
not pay, then the land which he puts in pledge upon condition for
the payment of the money is gone from him for ever, and so dead as
to the tenant, etc."
Joint tenants are distinguished from tenants in common by
Littleton thus: "Joint-tenants are, as if a man be seised of
certain lands or tenements, etc., and thereof enfeoffeth two, or
three, or four, or more, to have and to hold to them (and to their
heirs, or letteth to them) for term of their lives, or for term of
another's life; by force of which feoffment or lease they are
seised, such are joint-tenants. ... And it is to be understood,
that the nature of joint-tenancy is, that he that surviveth shall
have solely the entire tenancy, according to such estate as he
hath, ..." "Tenants in common are they that have lands or
tenements in fee-simple, fee-tail, or for term of life, etc., the
which have such lands and tenements by several title, and not by
joint title, and neither of them knoweth thereof his severalty,
but they ought by the law to occupy such lands or tenements in
common pro indiviso [undivided], to take the profits in common.
...As if a man enfeoff two joint-tenants in fee, and the one of
them alien that which to him belongeth to another in fee, now the
other joint-tenant and the alienee are tenants in common, because
they are in such tenements by several titles, ..."
There are legal maxims and customs of ancient origin which have
become well established and known though not written down as
statutes. Some delineated by Christopher St. Germain in "Doctor
and Student" in 1518 are:
1. The spouse of a deceased person takes all personal and
real chattels of the deceased.
2. For inheritance of land, if there are no descendant
children, the brothers and sisters take alike, and if there
are none, the next blood kin of the whole blood take, and if
none, the land escheats to the lord. Land may never ascend
from a son to his father or mother.
3. A child born before espousals is a bastard and may not
inherit, even if his father is the husband.
3. If a middle brother purchases lands in fee and dies
without heirs of his body, his eldest brother takes his
lands and not the younger brother. The next possible heir in
line is the younger brother, and the next after him, the
father's brother.
Public-domain text, read in full here on John Shaqi.
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