Critica juris ingeniosa: or Choice cases in the common-law never published by any other author. Digested under alphabeticall heads by H.B. Esq; optimum est quod quæritur.

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Title
Critica juris ingeniosa: or Choice cases in the common-law never published by any other author. Digested under alphabeticall heads by H.B. Esq; optimum est quod quæritur.
Publication
London :: printed for C. Adams at the Talbot near S. Dunstans Church, J. Starkey at the Mitre near Temple-Bar, & T. Basset in S. Dunstans Church-yard in Fleetstreet,
1661.
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Subject terms
Common law -- Early works to 1800.
Cite this Item
"Critica juris ingeniosa: or Choice cases in the common-law never published by any other author. Digested under alphabeticall heads by H.B. Esq; optimum est quod quæritur." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A55174.0001.001. University of Michigan Library Digital Collections. Accessed May 7, 2024.

Pages

Cessante Causa, &c.

THe Seignoress seises the Body and Land of the Tenant, and after marries the Villain ingross of the heir, and they commit wast, the Heir brings an Action of Wast, 'tis cleer that his body is out of Ward, and being that the Land is in Ward, because an In∣fant cannot perform Knight Service, and so the cause is executory, and in consideration that the Signory remains and now the Signory during the Co∣verture by the intermarriage with the Villain is determined in the Tenancy,

Page 61

and so the Freehold and Inheritance of the Seignory is merged in the Te∣nancy by Act in Law, notwithstanding, that the possession of the Seignory is suspended by reason of the chattle in the Tenancy, viz. the Wardship of the Land, because that the Husband shall be Tenant by the Curtesy, and may be granted over notwithstanding the sus∣pension, by reason of the Chattle in the Tenancy, & by the same reason it shall be a Release in Law to the Lord of the Villein by Act in Law, and therefore the land shal be out of Ward for Cessante, &c.

If the Lord of a Villain gives Land in ancient Demesne to the Villain, and af∣terward the Lord reverses the Fine by disceit, the Manumission is gone, for the conveyance by the Fine, which was the cause of the Manumission being vacated, the Effect falls to the ground.

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