A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...

About this Item

Title
A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...
Author
Leigh, Edward, 1602-1671.
Publication
London :: Printed by A.M. for Charles Adams, and are to be sold at his shop ...,
1658.
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Subject terms
Law -- Terminology.
Link to this Item
http://name.umdl.umich.edu/A50063.0001.001
Cite this Item
"A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ..." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A50063.0001.001. University of Michigan Library Digital Collections. Accessed June 15, 2024.

Pages

CONDITION.

Condition, is a rest int o bridle, annexed to a thing, so that by the not▪ performance thereof the* 1.1 party to the condition shall receive preudice and loss, and by doing of the same, commodity and ad∣vantage.

If a man give Lands to another, and to the Heirs* 1.2 males of his body, on condition that if he die with∣out Her female of his body; that then the Donor shall re-enter; this condition is utterly void, for he cannot have an Heir female, so long as he hath an Heir male.

If a man morgage his land to W. upon condition, that if the morgagor and f. S. pay 2. . at such a day to the morgagee, that then he shall re-enter; the morgagor dyeth before the day, I. S. payes* 1.3 the money to the morgagee; this is a good perfor∣mance of the condition, and yet the Letter of the condition is not performed: but if the morgagor had been alive at that day, and he would not pay the money, but refused to pay the same; and I. S. alone had tendred the money, the morgagee might have refused it.

If Feofment in see be made upon such a condi∣tion, that the feoffee shall not alien his Land to any, this condition is void, because when a man is so in••••offed of Lands or Tenements, he hath power* 1.4 to alien them to any person by the Law. For if such a condition should be good, then it should de∣prive

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him of all the power which the Law gives him, which is against reason: and therefore this condition is void. But if the condition be such, that the eo ee shall not alien to such a one, na∣ming his name, or any of his heirs, or the issue of such a one, or the like, such conditions are good: yet the King may give land in see upon condition not to alien. Cook l. 5. Knights Case. & 21. H. 7. 7.

Notes

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