A treatise on copyhold, customary freehold & ancient demesne tenure; with the jurisdiction of courts baron and courts leet

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. 1867 Excerpt: ...19, when a mortgagee had died without having entered into possession, and the money due in respect of the mortgage had been paid, the court was authorized in any of the several cases mentioned in the act, to make an order vesting the lands in such person and manner, and for such estate as the court should direct, and the order was to have the same effect as if (r) See note (r), next page. And it would appear that a copyholder, even if a trustee (s), is answerable for waste in all cases, except it be occasioned by the act of God (t): and that the lord may take advantage of a forfeiture by a person who has been wrongfully admitted, and to whom the rightful tenant released after the forfeiture (a). A surrenderor, whether the surrender be by way of sale or mortgage, is, until the admittance of the surrenderee, to be regarded as a trustee, as far as relates to the lord's right of entry for a forfeiture, either by attainder, or an act of waste, or otherwise (x); the Court of King's Bench having decided in a case where by the custom of the manor the copyhold lands were forfeited by conviction of felony, that the conviction in a charge of felony against a copyholder, who had surrendered by way of mortgage, was a cause of forfeiture (y); for as a surrenderor was tenant for all purposes of service until the admittance of the surrenderee, so he was tenant for the purpose of forfeiting; and the court therefore held in that case, that a peremptory mandamus to the lady of the manor to admit the surrenderee ought not to issue. It follows that a forfeiture will not accrue to the lord by the attainder of an unadmitted surrenderee or devisee (z). the heir, or devisee, or surviving devisee had executed a conveyance or assignment of the lands in the same manner and for the sam...