A General Abridgment of Law and Equity Volume 12; Alphabetically Digested Under Proper Titles with Notes and References to the Whole (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1794 Excerpt: ...as the feoffees had; so that quacunque via data the heir of B. was enabled to take the benefit of the breach, be this a condition or a limitation. Mo. 212. 213. pi. 353. Mich. 27 & 28 Eliz. Rudhall v. Milward. 9. A. seised in fee, made an indenture purporting afeoffment to B. and C. with warranty, and another indenture bearing date the fame day with the first, was made between the feoffees and the feoffor, whereby reciting that whereas A. the day, hour, and instant cfthese pr esents, by indenture hath given, Sic. to B. and C. the said lands, habendum to them, their heirs and assigns for ever, they the said B. and C. granted by the same deed, that immediately after the said B. and C. their heirs and assigns, have peaceably taken, ice. the profits of the lands during the term of 101 years, then it jhould be lawful for A. his heirs and assigns, to re-enter and have the said lands as in their fird right and title, the said feoffment and livery of seism thereof made at one instant notwithstanding. The indenture had several labels, and were laid one on the other, and the labels fixed and conjoined both together in one seal, viz. the original with the seal of A. and the counterpart with the seals of B. and C. and delivered accordingly, B. and C. and their assigns, enjoyed the said lands peaceably without interruption dining the said term. It was resolved by the justices in this cafe, that the intent upon the livery was, that A. should re-have the lands after the 101 years quiet possession of the feoffees, and that the use did immediately arise out of the possession of the feoffees to the heirs of the fcT offor, as soon as the lands had been enjoyed for 101 years, and that by the statute of 27 H. 8. the heir of the feoffoi might enter, And decreed accordingly. ...