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'' | If a man hath issue<lb/> | ||
a son, and is attainted<lb/> | |||
& afterwards pardoned,<lb/> | |||
& then hath issue a <lb/> | |||
second son, and dies; <lb/> | |||
here the corruption of <lb/> | |||
blood is not removed <lb/> | |||
from the ..<unclear>questionable reading</unclear>.., & there <lb/> | |||
fore he cannot be heir:<lb/> | |||
neither can the youngest<lb/> | |||
be heir, for he hath an<lb/> | |||
elder brother living, of<lb/> | |||
whom the law takes no<lb/> | |||
-tice, as he once had a <lb/> | |||
possibility of being heir,<lb/> | |||
& therefore the younger<lb/> | |||
brother shall not inherit,<lb/> | |||
but the land shall es-<lb/> | |||
-cheat to the lord: tho'.<lb/> | |||
had the elder died<lb/> | |||
without issue in the<lb/> | |||
life of the father, the<lb/> | |||
younger son born after<lb/> | |||
the pardon might well<lb/> | |||
have inherited, for he<lb/> | |||
hath no corruption of<lb/> | |||
blood. II 255<lb/> | |||
In the case of a sole<lb/> | |||
corporation, as of a parson<lb/> | |||
of a church, when he<lb/> | |||
dies of resigns, tho' there<lb/> | |||
is no <hi rend='underline'>actual</hi> owner of <lb/> | |||
the land till a successor<lb/> | |||
be appointed, yet there<lb/> | |||
is a <hi rend='underline'>legal, potential</hi><lb/> | |||
ownership, subsisting<lb/> | |||
in contemplation of<lb/> | |||
law. II 261<lb/> | |||
<hi rend='underline'>De minimis non | |||
curat lex</hi> II 262<lb/> | |||
It...is... necessary for<lb/> | |||
corporations to have a <lb/> | |||
licence of mortmain<lb/> | |||
from the crown, to enable<lb/> | |||
them to purchase lands<lb/> | |||
for as the king os the<lb/> | |||
ultimate lord of every<lb/> | |||
fee, he ought not, <lb/> | |||
unless by his own consent.<lb/> | |||
to lou his privilege of<lb/> | |||
escheats & other feudal<lb/> | |||
If a man hath issue
a son, and is attainted
& afterwards pardoned,
& then hath issue a
second son, and dies;
here the corruption of
blood is not removed
from the ..questionable reading.., & there
fore he cannot be heir:
neither can the youngest
be heir, for he hath an
elder brother living, of
whom the law takes no
-tice, as he once had a
possibility of being heir,
& therefore the younger
brother shall not inherit,
but the land shall es-
-cheat to the lord: tho'.
had the elder died
without issue in the
life of the father, the
younger son born after
the pardon might well
have inherited, for he
hath no corruption of
blood. II 255
In the case of a sole
corporation, as of a parson
of a church, when he
dies of resigns, tho' there
is no actual owner of
the land till a successor
be appointed, yet there
is a legal, potential
ownership, subsisting
in contemplation of
law. II 261
De minimis non
curat lex II 262
It...is... necessary for
corporations to have a
licence of mortmain
from the crown, to enable
them to purchase lands
for as the king os the
ultimate lord of every
fee, he ought not,
unless by his own consent.
to lou his privilege of
escheats & other feudal
|
Identifier: | JB/097/142/001"JB/" can not be assigned to a declared number type with value 97. |
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1804-08-06 |
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097 |
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142 |
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001 |
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collectanea |
1 |
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|
recto |
d11 |
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1800 |
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1800 |
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31526 |
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