Page ISSUE. The issue will be barred by a fine with proclama. The lineal issue bound, though the ancestor never was A fine by one ancestor to the intail, will bind the issue Issue not within the line of intail, cannöt bar issue 307 ib. ib. ib. ib. Two classes of issue may be barred by one fine ib. A fine by issue entitled under one estate, will not bar 308 The more remote issue, cannot bar the more immediate 309 Nor can an heir whose title is defeated by a more im- ib. ib. Issue may levy a fine with effect, where they could not Issue under an estate-tail of the gift of the crown, may out of an estate for life JOINTLY. Freehold in two, and recovery against one A recovery, on a writ against joint-tenant, as sole te- Plea in abatement 146 108 86 31 50 51 ib. Recovery, good only for a share 143 Joint-tenants, &c. should join in recovery deed 165 A fine is good for the share of each joint-tenant only, unless he disseises his companions 264 A fine in fee by a joint-tenant, severs the joint-tenancy ib. 286 A fine for years does not sever a joint-tenancy 306 A joint-tenant may declare the use, as far as he conveys 311 JUDGMENT. Lien of judgment may be extinguished by Judgment on reversion, accelerated by merger 312 5 10 JUDGMENT on reversion, the acceleration is prevent. Rule of common law respecting tenant Recovery deed will be sufficient, though executed after Page 12 37 62 Judgment to recover in value, is material in a recovery 119 151 175 Draws seisin out of tenant Copyhold lands within the jurisdiction of the courts courts When there is no jurisdiction, the fine is void ib. ib. ib. The superior courts have no jurisdiction over lands in Nor in Ireland Nor in the West Indies See Antient Demesne. JUSTICE OF ASSIZE. Justices of assize may take the JUSTICE, CHIEF, may take fines without a writ of de- KING'S BENCH. Fines may be levied in King's Bench on a writ of error depending there 278 ib. not payable till the writ of covenant is returnable 292 A fine may be stopped by reason of death before the ib. Fine will be good although the king's silver is paid after the death of the party, so as the party was liv- ib. King's silver should be paid before a purchaser pays 295 KING, cannot be barred by a fine 235 The king cannot levy a line; may render by fine; is re 257 KING may be a conusee in a fine A writ does not now determine by king See Crown. LEASES. Origin and convenience of leases for years de- Acceptance of lease from tenant for life rebuts the LEASEHOLDERS FOR LIVES, their surrender or 72 84 67,68,167 Doubts whether his concurrence is not now sufficient 71 lease and release Lease, release, and fine, being parts of the same assur, LEGAL ESTATE. An entry to avoid a fine is necessary 34 205 only when the title is legal 248 Sce Recovery. LESSOR. A fine by a lessor will not bar an interesse ter- 238 LICENTIA CONCORDANDI. Of the licentia concordandi 277 Also the acceptance of such a fine Exceptions Difference between fines and recoveries A fine by tenant for life of an equitable estate, is no A fine sur concessit may be levied for life Tenant for life may gain the fee by non-claim ib. ib. 202 ib. 213 225 228,229 300, may be benefited by the fine of a remainder- his fine for his own life will operate as a convey- ance Tenant for life in remainder, cannot revest the freehold ib. in possession may divest - may declare the use as far as he conveys Varieties of Admission of a title in tenant for life, rebuts the pre- LIMITATION. Statute of limitations may bar intail LIMITATION. Issue under an estate-tail, of the gift of the crown, may be barred by non-claim Page 146 241 unless there are several disabilities without an in- 241 Successive disabilities in the ancestor or in the ances ib. A fine may run against the heir, notwithstanding the The statute of limitations may sometimes operate be ib. 244 An entry or action must be prosecuted with effect or a in the fine sur concesserunt LIMITATION CONDITIONAL. See Recovery LIMITATION COLLATERAL, not barred if annexed to LIEN. Lien of a judgment is extinguished by recovery 202, 287 287 ib. 2,9,10 17 5 41 65 66 ib. ib. ib. ib. MANOR. A recovery of a manor will pass the reversion of Will of a manor, will include escheated lands Copyhold lands purchased by the lord, become parcel of the manor Not so of freehold lands The freehold in possession of lands, cannot be parcel Difference between a recovery of the manor, and of On the dispensation with the concurrence of persons 71 167 Page MANOR. Where there are two manors of the same name, be made out by averment MAXIM enforced, via trita, via tuta MERGER of ownership under estate tail, avoided by a Also by fine and recovery A demise may protect against the consequences of mer- ger Merger may be the cause of making a remote estate of 271 63 9 11 12 48 No merger when several estates are conveyed by the same conveyance 107 Reference to essay on merger 108 Contingent remainders are destroyed by an union of 115 An estate in remainder may become an estate in pos- There may be a union of estates without merger Query. If the same rule applies to the mortgagee of an NAMES. By what names parcels may be comprised in a NON-CLAIM on fines, will bar remainder Issue under an estate tail of the gift of the crown, may To elect a bar by non-claim on a fine, there must be The freehold must be in one of the parties to the fine, 222 The estate must be devested, or a fine will not ope- 223 A fine by an abator, intruder, or disscisor, may operate by non-claim 224 |