Selected quad for the lemma: blood_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
blood_n	wife_n	woman_n	young_a	114	3	6.1363	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A55177	Plowden's quaeries, or, A moot-book of choice cases useful for the young students of the common law / englished, methodized, and enlarged by H.B.	Plowden, Edmund, 1518-1585.; H. B., Esquire of Lincolns-Inne.	1662 (1662)	Wing P2611; ESTC R25587	130,716	321

be given by Deed with all the Woods and within the Deep there is a Letter of Atturny to make Livery if Livery be not made yet his Executors shall have the Wood. But if Livery be made then the Wood shall go along with the Land If A. requires another orgives him authority without Deed to write seal and deliver a Grant of a Rent Charge out of the Land of the Grantor in the name of the Grantor which is done the Grant is good for if I make a Grant and command one to deliver it it will be good without Deed. So if I by Paroll deliver it him as an Escrowle to be delivered as my Deed upon Condition to be performed that is good But an Authority to make Livery must be by Deed. Neither shall a Woman aver the Assent of the Father for Dower Ex Assensu patris without Deed. Neither can the Lessor Authorize the Lessee to commit Wast without Deed. If an Infant delivers a Deed which bares date two years after and at the end of the two years he is of full age he shall not be Estopped to shew the delivery before the date no more than a Fem Covert otherwise every Infant may be deluded Debt LEssee for forty years makes a Lease for ten years rendring a Rent the first Lessee surrenders the Lessor brings Debt against the second Lessee Quaere A man shall not have Debt for Releif or Escuage granted unto him for it is mixt in the Realty but his Executors shall but he must distrein So the Lord shall not have an Action of Debt for Ayd pur file marier or pur fair fits Chivalier But if he dies before it be levied the Tenant shall be discharged of it An Action of Debt shall not be brought against the Heir and his Brother in Borough English where the Eldest hath nothing by descent as it shall be against the Heirs in Gavel Kind for there he may have a joint judgement against all and not against the Eldest in the other case for he hath nothing upon which it may be levied Quod nota An Action of Debt brought by Executors shall be in the Detinet only although it be for Arrears of Rent incurred after the death of the Testator So it shall be against a man acccomptable to the Testator A Seignory is granted for years the Rent is Arrear and the Tenant dies the years expire if the Grantee shall have an an Action of Debt against the Heir because it was due in the time of his Father and also some was due in his own time or if he shall have an Action of Debt against the Executors for that which was due in the Testators life time or is without Remedy Some say that the Heir shall not be charged in Debt if the Father die not oblige himself and his Heirs expressely and the Executors shall not be charged for they were not chargeable by the death of the Testator for at that time the Grantee could not have an Action of Debt but his remedy was by distresse for then the years were not expired and so no remedy 9 H. 7. 17. a. Co. 4. 49. An Annuity is granted for the life of A. the Grantee releases all Actions of Annuity he shall not have an Action of Debt for the Arrerages although that A. dies afterwards Devastavit vide Executor Devise A Woman hath Issue a Son and by another Husband hath Issue another Son the second Husband devises Land to the Wife for life the Remainder to the next of the blood of the Wife The youngest Son shall take in Remainder although it be true that one is not nearer of blood to the Mother than the other and the Eldest is of the most worthy blood yet he is not neerest and so it is uncertain who should take according to the letter of the Will yet the Intent which is always to be considered in Wills shall be construed in Favour of the youngest because he was Issue of the Devisor Pasc 5. Eliz. A great Case was argued in the Exchequer There were three Brothers the second brother purchased Land and devised it to his Son in tail and if he died without Issue that then it should remain to the next of the Kindred of the Lineage of the Father the Eldest Son was then dead having a Son it was adjudged that the Son of the Eldest should have the Land for he is next of the Lineage For Lineage shall be taken in a Lineall descent which is the most worthy Line Dy. 333. pl. 29. A Devise to the next of Blood the Son of the Eldest Brother shall have it before the younger Brother If Land be devised upon Condition or rendring a Rent that is void for it cannot be good in either case except the Reservor might take advantage of it and the Heir cannot have that which his Ancestor could not And if a man devise Land with Warranty that is void because the Father was not bound But to some there seems a Diversity for in the last case there is a Charge to the Heir and in the first it is for his advantage If the Lord devises Land to his Villein this is an Infranchisment against the Heir and yet he was the Villein of the Heir when the Devise took Effect A man having three Daughters devises to them● hundred pound a piece for their marriage Portions and if any of them die before their Marriage then the other should have her Portion by Survivor one dies in the life of the Father the other shall have three hundred pound after the death of the Father and yet nothing survived for she had nothing in possession yet they shall take it by the intent of the Devisor for when he says that if any of them die before their Marriage that the other shall have her Portion this makes it in nature of a Remainder and then though the first Devisee does die in the life of the Testator yet he in Remainder shall take the Estate per Manwood Dy. 127. P. 59. As a Devise to a Monk the Remainder to another the Remainder is good A. Devises Land upon Condition and if the Condition be broke that his Executors shall sell the Land the Devise as to the Executors is void for the Heir must enter for the Condition broken and then he shall hold it discharged of all Conditions A. Devises twenty pound to B. when he arrives at the age of six and twenty years and if he dies before he Devises it to C. B. releases to the Executors of A. before he attain● 〈◊〉 age of six and twenty years if it shall be a Bar Quaere If A. Devises twenty pound yearly for twenty years the Devisee hath no Remedy for his not Is●uing out of any Land for he can not take it as a Legacy and an An●●●●y does not lie against Executors for the Testator was never charged A Jointure cannot be made by Devise for Land was not then Devisable and the Wife

possession to which he had more right than the Disseisee had As if the Heir who is in by Descent brings an Assize against his Disseisor it is no plea for him to plead the Release of the Disseisee Causa qua supra If a Reversion be granted to an Infant and the Tenant atturns at his full age yet he may disagree for the Grant which was the principal was in his minority If an Infant makes a Lease to commence in futuro and after makes a Feoffment being either at full age or under age the Feoffee shall not avoid the Lease If an Infant delivers a Deed bearing date two years after and at the end of the two years he is of full age he shall not be Estopped to shew the delivery before the date If a Fem Tenant in tail marries an Infant who aliens and dies the wife cannot enter upon the Feoffee for she is not privy in blood to the Infant and privy in Estate onely will not do As if there be two Jointenants and one is a Minor and they are disseised and a Dissent cast the Infant dies the Survivor cannot enter as the Infant might Neither shall a Lord by Escheat or Donor take advantage of Infancy If Land be given to an Infant and his Heirs Females and he hath a Son and a Daughter and aliens and dies his Daughter cannot enter for she is but a speciall Heir Quoad hoc In the principall case if the Wife had been Tenant in Fee simple the Heir of the Infant shall not enter upon his alienation as Litt. says for the Wife had the Right and a Title of Entry which was in Right cannot descend to the Heir of the Husband but in this case being the Husband hath given a Fee simple and had but an Estate in tail in Right of his Wife so that more is given than he had in Right of his wife makes this case more doubtfull than Litts but yet it seems the Heir may not enter for he cannot have the same Estate which his Ancestor had and the Right of the Estate tail survives to the Wife for if Land be given to an Infant in tail who aliens and dies without Issue his collateral Heir cannot enter for the Estate is determined which the Infant had at the time of the Gift for if an Infant be Tenant Par auter vye and aliens and Cesty que vye dies the Infant himself cannot enter 5 E. 4. 5. But in the principall case if the Infant had made a Gift in tail his Issue might have entred by reason of the Reversion but otherwise where no Estate descends to the Heir If Tenant in tail to him and his Heirs Females aliens and dies leaving Issue a Son and a Daughter the Son shall not enter no more shall the Daughter so of the youngest Son in Borough English If Tenant in tail infeoffs within age and after is attainted of Felony his Issue shall not enter for he is Disabled in blood If an Infant be disseised and a descent cast during non-age and after he comes of full age the Heir of the Disseisor dies before his Entry the Infant may enter for the Heir was never possest for he had but a possession in Law Joinder in Action IF two Parceners dye before Partition and a stranger abates the Issues shall not join in a Mortdancester for the Stat. of Gloucester ca. 17. is only when one Right descends to divers but every issue claims her right from and by her Mother so that severall Rights descended to them and so out of the Stat. and is as it was at the common Law and therefore if Parceners are disseised their issues shall not join in a Writ of Entry but shall have severall Writs in respect of their severall Rights as they shall have severall Formedons If one hath cause to have a Writ of Ayel another of Besayel they shall not join for they have cause to have severall Writts But where one is intitled to have a Writ of Mortdancester and another Ayel or Besayel there they shall join But if none of them may have an Assize then there is no Remedy by the Statute 2 E. 3. 34. 48 E. 3. 14. 24 E. 3. 13. If I recover in an Assize and after I am disseised by the same person and another I shall not have a Redisseisin for it must be against the same person If two Parceners make partition upon Record of an Advowson the Eldest presents first and after the youngest and the Eldest and a Stranger present in the turn of the youngest the youngest shall not have a Scire facias against them for the Stat. of Westm 2. does give it against those that were parties to the Record but she may have it against her Sister But in the first case a Redisseisin doth not lie against the Redisseisor for he may plead Jointenancy but in the last case it is no plea that another presented with her for she may have a Quare Impedit against both or several Actions as a man may in Trespasse made by two So if the Lord distrain his Tenant and he sues a Replevin and after the Lord distrains the beast of a stranger and another beast of his Tenant the Tenant shall have a Recaption But if the Lord had distrained again the beasts which his Tenant and the stranger had in common there he could not because for the last distress they ought to joyn and the stranger cannot join in the Recaption If a stranger makes a Rescous to the Lord the Lord shall not have an Assize against him alone without the Tenant because he cannot be said Tenant of the Rent but against the Pernor he may have an Assize only And if there be Lord Mesne and Tenant and the Tenant makes Rescous to the Lord ●an Assize is not maintainable only against the Tenant And if there be Lord two jointenants Mesnes and Tenant and one of the Mesnes and the Tenant makes Rescous the Lord shall not have an Assize against one only but he ought to name both the Mesnes Two Fems Jointenants in Fee have Husbands who make severall Feofments of their Moities and die the Wives shall not join in one Writ of Right for their Right was discontinued at several times So if one Jointenant disseiseth the other and makes a Feofment within Age and dies or if two Infants Jointenants make several Feofments and one dies the other hath no Remedy for the Moity but otherwise if wrong had been made to them at one time though severall wayes If there be issue of two Parceners one dies and the other endows the Wife one Action shall be maintained against both v. 9 E. 4. 14. against Tenant by the Curtesie and the other Parcener 21 E. 3. A Scire facias brought against Tenant by the Curtesie and the other Parcener and good Land is given to four Habendum one Moity to the first two the other Moity to the other two the first two are Jointenants with