A treatise of the principal grounds and maximes of the lawes of this nation very usefull and commodious for all students and such others as desire the knowledge and understandings of the laws / written by that most excellent and learned expositor of the law, W.N.

About this Item

Title
A treatise of the principal grounds and maximes of the lawes of this nation very usefull and commodious for all students and such others as desire the knowledge and understandings of the laws / written by that most excellent and learned expositor of the law, W.N.
Author
Noy, William, 1577-1634.
Publication
London :: Printed by T.N. for W. Lee, D. Pakeman, R. Best and G. Bedell ...,
1651.
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Subject terms
Law -- Great Britain.
Real property -- Great Britain.
Conveyancing -- Great Britain.
Link to this Item
http://name.umdl.umich.edu/A52567.0001.001
Cite this Item
"A treatise of the principal grounds and maximes of the lawes of this nation very usefull and commodious for all students and such others as desire the knowledge and understandings of the laws / written by that most excellent and learned expositor of the law, W.N." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A52567.0001.001. University of Michigan Library Digital Collections. Accessed June 17, 2024.

Pages

Page 74

CHAP. XXXVI: SURRENDERS.

A Surrender is an Instrument testify∣ing with apt words, that the particu∣lar Tenant of Lands, or Tenements for life, or years, doth sufficiently consent, that he which hath the next imme∣diate Remainder, or Reversion thereof, shall also have the particular estate of the same in possession; and that he yeildeth, or giveth the same to him for ever; Surrender ought forthwith to give a present possession of the thing Surrendred unto him which hath such an estate, where it may be drowned.

A Joynt-Tenant cannot surrender to his fellow.

Estating of things that may not be grant∣ed without a Deed, may be determined by the Surrender of the Deed to the Tenant of the Land.

Lease for years cannot surrender before his Term begin; he may grant, he cannot sur∣render part of his Lease.

Page 75

Surrenders are in two manners;
  • In Deed.
  • In Law.

A Surrender in Law, is when the Lessee for years, doth take a new Lease for more years.

A Surrender in Deed, must have suffici∣ent words to prove the assent, and will of the Surrenderer to Surrender; and that the o∣ther do also thereunto agree.

The husband may Surrender his Wifes Do∣wer for his life, and her Lease for ever.

By Deed Indented, a man may Surrender upon condition.

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