Alien.
IF a Reversion be granted to an Alien, and after he is made a Denizen, and then
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.
About this Item
- 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.
- Rights/Permissions
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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
Page 8
the Tenant atturns, he shall not take to his own use.
A Lease for years is made to an Alien upon condition to have Fee; he is inde∣nized, and hath License to purchase, and then performs the Condition. The King shall not have the Fee, for it hath not a Relation as to the devesting of the Fee, further than the performance; although that for Charges and Incumbrances it hath a larger Relation.
If an Alien Disseisor be made a Denizen, the King shall not have the Land, if the Disseisee doth after release unto him; but if an Alien had been the Feoffee of a Dis∣seisor, it had altered the case, for it is a new purchase in one case, and but an ex∣tinguishment of a right in the other: and it seems that the Issue of such an Alien born within the Realm shall be in ward for Land descended to him on the part of the Mother, during the life of the Alien, if he be not Heir apparent. And a man born in England cannot make himself heir in special tail to a Baron & Fem, whereof one is an Alien, neither shall he have an Appeal for the death of such a Father or Mother Alien.
If Land be devised to an Alien, and he is made a Denizen, and after the Devisor
Page 9
dies, there he shall take by the Will; for all takes effect by the death of the Divisor. But in the case above, if when the Office is found the Lease should be adjudged in the King from the beginning, then it takes away the Condition, and then he could not acquire a fee by his perfor∣mance.
If a man seised in fee marries an Alien, and makes a Feofment, and she is made a Denizen, and the Husband dies, she shall not recover her Dower.