An abridgement of the Lord Coke's commentary on Littleton collected by an unknown author; yet by a late edition pretended to be Sir Humphrey Davenport, Kt. And in this second impression purged from very many gross errors committed in the said former edition. With a table of the most remarkable things therein.

About this Item

Title
An abridgement of the Lord Coke's commentary on Littleton collected by an unknown author; yet by a late edition pretended to be Sir Humphrey Davenport, Kt. And in this second impression purged from very many gross errors committed in the said former edition. With a table of the most remarkable things therein.
Author
Coke, Edward, Sir, 1552-1634.
Publication
London :: printed for W. Lee, D. Pakeman, and G. Bedell,
1651.
Rights/Permissions

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.

Subject terms
Littleton, Thomas, -- Sir, -- d. 1481 -- Early works to 1800.
Cite this Item
"An abridgement of the Lord Coke's commentary on Littleton collected by an unknown author; yet by a late edition pretended to be Sir Humphrey Davenport, Kt. And in this second impression purged from very many gross errors committed in the said former edition. With a table of the most remarkable things therein." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A33621.0001.001. University of Michigan Library Digital Collections. Accessed May 5, 2024.

Pages

Sect. 574. Fo. 318. a.

If one joyntenant make a Lease for years, reserving a rent and dye, the survivor shall not have the rent, & therefore Lit∣tleton here addeth materially, for the privity that was be∣twen the Tenant for life, and them in the reversion. 2 Eliz. Dyer 176.

Tenant for life shall not be compelled to attorn in a Quid juris clamat upon the grant of a reversion by Fine holden of the King himselfe without licence: For it is a generall rule, that when the grant by fine is defeasible, there the Tenant shall be compelled to attorne. 45 E. 3. 6. b. 13 Eliz. Dy. 188. Lib. 3. fo. 86. Justice Windhams case. 36 H. 6. 24.

Page 351

As if an Infant levy a Fine, this is defeasible by Writ of Errour during his minority, and therefore the Tenant shall not be compelled to attorn.

So if the land be holden in ancient Demesn, and he in the reversion levy a Fine of the reversion at the Common Law, this is reversible in a Writ of Deceit, &c. 5 E. 3. 25. 3 E. 3. Ancient Demesn 16.

So if an Alienation be in Mortmain, the Lord Paramount may defeat it, &c. 17 E. 3. 7. 22 E 3. 18.

So if a Tenant in Tail had levied a Fine it was defeasible by the issue in Tail, 24 E 3. 25. b. 37 H. 6. 33. 48 E. 3. 23.

But now the Statute of 4 H. 7. 32 H. 8. having given a further strength to Fines to barre the issue in Taile, the rea∣son of the Common Law being taken away, te Tenant in this case shall be compelled to attorn. Windams Case, ubi suprà.

Do you have questions about this content? Need to report a problem? Please contact us.