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.
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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.
descriptionPage 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, t••e Tenant in this case shall be compelled to attorn.
Windams Case, ubi suprà.
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