A Treatise On the Law of Dower Particularly With a View to the Modern Practice
A Treatise On the Law of Dower Particularly With a View to the Modern Practice
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It will indeed be found from the books that even a rent assigned in *„-, -, allowance of Dower of land or *a capital messuage is good V ' \ without deed, (tt;) which plainly shows that it is considered as coming in lieu and in the nature of Dower. And such rent must be pleaded by the word assignavit, and not dedit. [x) If the sheriff assigns Dower contrary to common right, when it might have been assigned regularly, it seems that this is error in the execution and may be taken advantage of by t...he tenant as such. (y) It is how- ever said by Doddridge, J. In another case, that if the sheriff commit er- ror by assigning a larger part than he ought, a writ of admeasurement lies, but not error, inasmuch as the judgment and award of execution are good. (z) It is, however, very doubtful whether the writ of admeasure- ment lies in this instance; and the writer does not believe that any pre- cedent for it is to be found ; but it is said that if on a recovery of the third part in Dower the sheriff assigns a moiety, &c.
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To quickly assess the difficulty of the text, read a short excerpt:
It will indeed be found from the books that even a rent assigned in *„-, -, allowance of Dower of land or *a capital messuage is good V ' \ without deed, (tt;) which plainly shows that it is considered as coming in lieu and in the nature of Dower. And such rent must be pleaded by the word assignavit, and not dedit. [x) If the sheriff assigns Dower contrary to common right, when it might have been assigned regularly, it seems that this is error in the execution and may be taken advantage of by t...he tenant as such. (y) It is how- ever said by Doddridge, J. In another case, that if the sheriff commit er- ror by assigning a larger part than he ought, a writ of admeasurement lies, but not error, inasmuch as the judgment and award of execution are good. (z) It is, however, very doubtful whether the writ of admeasure- ment lies in this instance; and the writer does not believe that any pre- cedent for it is to be found ; but it is said that if on a recovery of the third part in Dower the sheriff assigns a moiety, &c.
What to read after A Treatise On the Law of Dower Particularly With a View to the Modern Practice?
You can find similar books in the "Read Also" column, or choose other free books by John James Park to read onlineMoreLess
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