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. 1768 Excerpt: ...man to enter upon the vacant possession, and where the king's title and a subject's concur, the king's mall be always preferred: against the king therefore there could be no prior occupant, because nullum tempus vccurrit regid. And, even in the case of a subject, had the estate pur auter vie been granted to a man find ...
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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. 1768 Excerpt: ...man to enter upon the vacant possession, and where the king's title and a subject's concur, the king's mall be always preferred: against the king therefore there could be no prior occupant, because nullum tempus vccurrit regid. And, even in the case of a subject, had the estate pur auter vie been granted to a man find his heirs during the life of cejiuy que vie, there the heir might, and still may, enter and hold possession, and is called in law a special occupant; as having a special exclusive right, by the terms of the original grant, to enter upon and occupy this haereditas jacens, during the residue of the estate granted: though some have thought him so called with no very great proprietye; and that such estate is rather a descendible freehold. But the title of common occupancy is now reduced almost to nothing by two statutes; the one, 29 Car. II. c. 3. which enacts, that where there is no special occupant, in whom the estate may vest, the tenant pur auter vie may devise it by will, or it mall go to the executors and be assets in their hands for payment of debts: the other that of 14 Geo. II. c.20. which enacts, that it shall vest not only in the-Ibid. Vaugh. 201. I i 2 executors, executors, but, in casse the tenant dies intestate, in the administrators also; and go in a course of distribution like a chattel interest. By these two statutes the title of common occupancy is utterly extinct and abolished: though that of special occupancy, by the heir at law, continues to this day j such heir being held to succeed to the ancestor's estate, not by descent, for then he must take an estate of inheritance, but as an occupant, specially marked out and appointed by the original grant. The doctrine of common occupancy may however be usefully remembered on the foll...
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