Of Estrangers having present right and no impediment.
BUt Estrangers to fines (which be all per∣sons, not parties, nor privies) and being
The Attvrneys gvide, for suing out of fines, concords, and recoveries, &c. Being choice and exact presidents for all sorts of fines, concords, and recoveries. Together with full instructions in all proceedings relating thereunto, and the certain charges of the same. With a table of all the particulars. / Perused and approved by G.T. an able practioner, and others.
About this Item
- Title
- The Attvrneys gvide, for suing out of fines, concords, and recoveries, &c. Being choice and exact presidents for all sorts of fines, concords, and recoveries. Together with full instructions in all proceedings relating thereunto, and the certain charges of the same. With a table of all the particulars. / Perused and approved by G.T. an able practioner, and others.
- Publication
- London, :: Printed by F.L. for Tho. Firby, and are to be sold at his shop, near Grays-Inn Gate,
- 1656.
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- Subject terms
- Lawyers -- Great Britain -- Handbooks, manuals, etc. -- Early works to 1800.
- Forms (Law) -- England -- Early works to 1800.
- Link to this Item
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http://name.umdl.umich.edu/A78161.0001.001
- Cite this Item
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"The Attvrneys gvide, for suing out of fines, concords, and recoveries, &c. Being choice and exact presidents for all sorts of fines, concords, and recoveries. Together with full instructions in all proceedings relating thereunto, and the certain charges of the same. With a table of all the particulars. / Perused and approved by G.T. an able practioner, and others." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A78161.0001.001. University of Michigan Library Digital Collections. Accessed June 15, 2024.
Pages
Page 83
void of impediments naturall and legall, and having present right to the Lands in the fine, have only five years after Proclamations, to en∣ter and claim their right, 1 R. 3. c. 7. 4 H. 7. c. 24.
* 1.1As if one have a remainder, or a reversion, depending upon an estate or years, or by Statute Staple, Statute Merchant, or elegit, and the ter∣mor be disseised, and a fine levyed, &c. and five years passed, they be all barred thereby: for that these termors might presently have en∣tred, and he in the reversion, or remainder for such disseisin, might have had an Assise. So the Statute, 4 H. 7. c. 24. seemeth to bar the Ter∣mors through negligence by this word Interest, which comprehendeth a Term, Pl. f. 374. a.
And if a Tenant in tail be disseised, and a fine levied with Proclamation, and five years past, and the tenant in tail dieth, the issue in tail is bound for ever, per Dyer and Catlin, for the right was present to the tenant in tail, at the time of the fine levyed, and he cannot claim, but by the same title which his Father had, which was barred in his life time, Plo. fo. 374. a Dy∣er fo. 3. Pl. 19 H. 8. 7.
The like it is of the Laches of him in the re∣mainder, or reversion, for it barreth him and his Heirs, Pl. fo. 374. a. Dyer fo. 3. p. 6.
Notes
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* 1.1
Tenant in remainder, or reversi∣on upon an estate for years, or at will.