Littleton - Law Dictionary Search Results
Home Dictionary Name: littletonLittleton
Littleton, a judge of the Common Pleas in the reign of Edward IV., who composed a book of tenures for the use of his son, to whom it is addressed. Sir Edward Coke's Commentary upon Littleton, 'Not the name of the author only, but of the law itself,' is one of the most renowned and authoritative works on English law in existence....
Coke, Sir Edward
Coke, Sir Edward, often, but incorrectly, styled Lord Coke, born in 1551, called to the Bar by the Inner Temple in 1578, counsel in Shelley's case (see that title), Speaker of the House of Commons, Solicitor-General and Attorney-General under Queen Elizabeth, knighted by James I. shortly after his accession in 1603, made Chief Justice of the Common Pleas in 1606 and of the King's Bench in 1613, 'taking particular delight,' writes Lord Campbell in his Lives of the Chief Justices, 'in styling himself ' Chief Justice of England,''was deprived of office and committed to the Tower by Charles I., for his support of the Petition of right. Coke was bitterly hostile to the injunction of equity. The controversy between Coke and Lord Ellesmere, the Chancellor, was acute. James I. referred the whole matter to Bacon, the Attorney-General, and others learned in the law. Acting upon the recommendations of this committee of counsel, James I. decided the matter in favour of Chancery. It should be menti...
Old tenures
Old tenures, a treatise, so called to distinguish it from Littleton's book on the same subject, which gives an account of the various tenures by which land was holden, the nature of estates, and some other incidents to landed property in the reign of Edward III. it is a very scanty tract, but has the merit of having led the way to Littleton's famous work, 3 Reeves, 151....
Fee-simple
Fee-simple, a freehold estate of inheritance, absolute and unqualified. It stands at the head of estates as the highest in dignity and the most ample in extent; since every other kind of estate is derivable there out, and mergeable therein, for omne majus continet in se minus. It may be enjoyed not only in land, but also in advowsons, commons, estovers, and other hereditaments as well as in personalty, as an annuity or dignity, and also in an upper chamber, though the lower buildings and soil belong to another.Littleton, in his Tenures (1. i., c. 1, s. 1), gives a description of this estate, which appears to have been adopted by every subsequent writer. His language is this:-A person who holds 'in fee-simple is he which hath lands or tenements to hold to him and his heirs for ever. And it is called in Latin feodum simplex, for feodum is the same that inheritance is, and simplex is as much as to say lawful or pure. And so feodum simplex signifies a lawful or pure inheritance. For if a m...
Institutes of Lord Coke
Institutes of Lord Coke, four volumes by Lord Coke (more properly called Sir Edward Coke), published A.D. 1628, and very frequently edited. The first is an extensive comment upon a treatise on tenures compiled by Littleton, a judge of the Common Pleas, temp. Edward IV. This comment is a rich mine of valuable Common Law learning, collected and heaped together from the ancient reports and year-books, but greatly defective in method. It is usually cited by the name of Co. Litt., or as 1 Inst. The second volume is a comment upon Magna Charta and other old Acts of Parliament, without systematic order; the third, a more methodical treatise of the pleas of the Crown; and the fourth, an account of the several species of courts, including the High Court of Parliament and of the House of Commons as well as the House of Lords under that title. These are cited as 2, 3, or 4 Inst., without any author's name....
Per my et per tout
Per my et per tout (not of any part but of the whole). Et sic totum tenet et nihil tenet, scil, totum conjunctim et nihil per se separatum; see Myrray v. Hall, (1849) 7 CB 455. Joint tenants, by reason of the combination of entirety of interest with the power of transferring in equal shares, are said to be seised per my et per tout. 'And this,' says Littleton, 'is as much as to say, as he is seised by every parcell and by the whole, etc.'; see Co. Litt. 186 a. If any joint tenant severs by alienating his share he destroys the joint tenancy in that share and the grantee obtains no joint tenancy. See JOINT TENANTS; ENTIRETIES....
Town
Town, denotes the existence of houses in close proximity, concentration of a large number of people in a comparatively small area, engagement of a bulk of the population in non-agricultural activities, Baliat Sheikh v. State of West Bengal, AIR 1952 Cal 753; State v. Jagdish B. Rao, AIR 1970 Goa, Daman and Diu 54.Town, is an assemblage of buildings, public or private larger than a village and having more complete and independent local government, AIR 1970 Goa 54 (55). (Police Act, 1861, s. 34)1. A center of population that is larger and more fully developed then a village, but that is not incorporated as a city2. The territory within which this population lives, Black's Law Dictionary, 7th Edn.Ville [fr. tun, Sax.], a tithing or vill; any collection of houses larger than a village. A place 'cannot be a towne in law, unlesse it hath, or in time pasthath had, a church, and celebration of divine service, sacraments, and burials' (Co. Litt. 115 b). 'And it appeareth by Littleton, that a to...
- << Prev.
- Next >>