Synopsis
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. 1840. Excerpt: ... CHAPTER V. VARIOUS DESCRIPTIONS OF ESTATES, REAL AND PERSONAL. Sect. 1.--Various Descriptions of Estates. All Property is divided into Real or Personal Estate. The former consists of such things as are permanent, fixed, and immovable, which cannot be carried out of their place: such as lands, houses, &c. Things real consist of lands, tenements, and hereditaments. Land comprehends every thing of a permanent nature, substantial and irremovable, and is a word of very extensive signification. Tenement is a word of still greater extent; and although in its vulgar acceptation it is only applied to houses and buildings, yet in its legal sense it signifies every thing which may be holden, whether of a substantial or ideal nature. Thus lands and houses are tenements, and in like manner advowsons, rights of common, peerages, fran G chises, and offices, are equally and legally entitled to the description of tenement. But a Hereditament, according to Sir Edward Coke, is the largest of all expressions denoting property, for it includes not only lands and tenements, but whatsoever may be inherited, be it corporeal or incorporeal, real, personal, or mixed. Thus an heir-loom, implement of furniture, which by custom descends to the heir, together with a house, being inheritable, is comprised in the word hereditament. Again, hereditaments are of two descriptions, viz. corporeal and incorporeal. Corporeal hereditaments consist wholly of substantial and permanent objects, all of which may be comprehended under the general description of land. For land comprehends any ground, soil, or earth whatsoever: as arable land, meadows, pastures, woods, moors, waters, marshes, &c. It also legally includes all castles, houses, or buildings, because land is the structure or foundation; a...
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