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Curtesy of England

takes another husband and has issue, which dies, and then the wife dies, the second husband shall be tenant by the curtesy, though the issue by the first husband be living. (5) The issue must have been

Counterplea

Counterplea. When the tenant in any real action, tenant by the courtesy or in dower, in his answer and plea vouched anyone

Casu consimill

Casu consimill, a writ of entry, granted where tenant by the courtesy, or tenant for life, alienated in fee, or in tail, or for another's life, and

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Base fee

entitled to the remainder in tail or in fee simple, as the case might be. As where a tenant-in-tail, with remainder to a stranger, conveys the fee-simple to another in the property entailed upon him, such other

Apportionment

remedied by 11 Geo. 2, c. 19, s. 25, which apportioned rent between the representatives of a deceased tenant for life, and the person succeeding in remainder, and by 4 & 5 Wm. 4, c. 22, passed

Year to year, tenancy from

as when property is occupied generally under a yearly rent, payable yearly, half-yearly, or quarterly; or when such tenant holds over, after the expiration of his term, without having entered into any new contract, and pays rent

Capite, tenure in

Capite, tenure in, lands held by tenants immediately from the king. It was the most honourable tenure, and was of two kinds, either ul de

Abstract of title

relates to different parcels of land or different interests, or (before 1926) the property formerly belonging to joint tenants, tenants in common, or coparceners; it is then better to arrange the documents relating to one portion under

Presentation

being vacant in his lifetime, the Crown exercises its prerogative to present, Co. Litt. 388 a. Joint-tenants and tenants in common should present jointly; and if co-parceners cannot agree, the eldest sister is entitled to the first

waste

to property that is caused by the act or omission of one (as a lessee, mortgagor, or life tenant) having a lesser estate and is usually to the injury of another (as an heir, mortgagee, or remainderman)

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