FOREIGN PLEA. When pleaded in writ of right close in ancient demesne, how tried, 24. FORFEITURE. No actual entry necessary before ejectment on, 534. Who may take advantage of, 534. Feoffor or grantor only at common law, of condition in fact, 534. Assignee of reversion by stat. 32 H. 8, c. 34, 534. (See title Assignee of Reversion.) Not necessary that there should be a reversion, 534. Condition must be taken advantage of during continuance of lease, 534. Condition to perform covenants, 534. Right of re-entry reserved in agreement for lease, 534. Proceedings on forfeiture by non-payment of rent, at common law, 534, 535. Under statute 4 G. 2, c. 28, 535. Remedies given to the landlord by the statute, 537. Not where there is a sufficient distress on the premises, 538. Formal demand of the rent dispensed with by express words, 538. Proviso, that the rent shall be "lawfully demanded," does not take the case out of the Semble, where the statute applies it is compulsory, 538. Proof of no sufficient distress, what, 538. Mode of proceeding when there is judgment against the casual ejector, and where the cause Remedies given to the lessee by the statute, 539. Application to court of equity, 539. Staying proceedings on payment of rent and costs, 539. Whether this clause of stat. extends only to cases where no sufficient distress is to be Remedy given to mortgagee, 540. Entitled to same relief as lessee, 540. How saved or dispensed with, 540. How waived, 540. Distinction between leases void and voidable, 540. (See title Lease.) Former cannot be set up by waiver, latter may, 540. What acts will be a waiver, 541. Not merely lying by and witnessing forfeiture, 541. Waiver of one forfeiture no waiver of subsequent one, 541. Notice of forfeiture necessary, 541. Acceptance of, or distress for rent, 541, 542. Action for rent subsequently accruing, 542. Where there is general covenant to repair, and covenant to repair within certain time, Condition not to assign without licence dispensed with by licence, 543. (See title Co- Evidence in ejectment on forfeiture, 586. OF COPYHOLDS. By committing waste, 542. Who may take advantage of. The lord, and not he in remainder, 543. Unless remainder limited to take effect on forfeiture, 543. Dominus pro tempore, 543. Grantee of freehold of the copyhold, 543. Exceptions to the rule, that only the dominus pro tempore can take advantage of a for- Heir on forfeiture, which determines the customary estate, 543. Not alienee or lessee of manor for forfeiture, before his time, 544. How dispensed with, 544. Presentment or seisure unnecessary before ejectment, 544. Statute of limitations, 544. FORMEDON. Of the writ in general, 53, 17. In the nature of a writ of right, 53. For what it lies. Lands or tenements, 53. Profit à prendre, 53. Office, 53. FORMEDON, (continued). But not for common, 53. Of a copyhold, by protestation in nature of a formedon, 53. Against the tenant of the freehold, 54. Esplees must be alleged in the count and not in the writ, 54. Founded on the statute de donis, 54. But maintainable in some cases at common law, 54. Only necessary where the estate tail has been discontinued, 54. Two writs appropriated to coparceners. Formedon in descender of lands in coparcenery, 55. Actual seisin necessary, 55. Where lands are given to two and the heirs of one, 55. If tenant in tail is disseised, assise or ejectment the proper remedy, 55. How title must be stated, 55. Must be stated in the writ, as well as the count, 55. Omission of cosinage pleadable in abatement, 55. Demandant must make himself heir both to donee and to the person last seised, 56. He must therefore mention all his ancestors seised under the entail, 56. But if any died before actual seisin, they need not be named heirs, 56. Safest mode is to name every one son and heir, 56. Whether elder brother who died never having been seised, may be omitted in formedon In stating a descent to feme covert, it must be stated to be to her alone, 57. But in formedon in reverter, it may be said to return to her, or to her and her husband, 57. IN THE REMainder. Did not lie at common law, 57; but see note (e), 58, note (a). By stat. de donis, though not expressly given, 57. In what cases it lies, 57. On grant of reversion in tail, 58. But on grant of reversion in fee, formedon in reverter lies, 58. Where remainder is once executed, formedon in remainder no longer lies, 58. How title must be stated. The original estate tail, or other estate, must be shewn to be expired, 58. Not sufficient to state, that the issue died without issue, 58. But demandant need not name of the issue of donee or of precedent remainderman, 58, 59. If remainder is executed, and issue in tail brings formedon in descender, he need not mention IN THE REVERTER. Lay at common law, 59. Since the statute de donis, 59. Only necessary where the estate tail has been discontinued, 59. Demandant cannot in one writ sue for lands coming by different titles, 59. How title must be stated. Demandant must trace his descent from donor, 60. All the ancestors to whom reversion descended, must be named, 60. In formedon by younger son, where his elder brother died before entry, the latter should Aliter if he died living his father, 60. Demandant need not trace the descent from the donee, 60. FORMEDON, (continued.) Limitation of, 13, 60. (See title Limitations.) FOURCHING BY ESSOIGN, what, 160. (See title Essoign.) FRAUDS, Statute of. Fourth section as to agreements for sale of land, 395 to 398. (See title Assumpsit on Sale of Fifth section as to execution of wills, 590. (See title Ejectment.) Sixth section as to revocation of wills, 595. FREE BENCH. Ejectment by widow for, 513. GARDEN. May be demanded in a præcipe, 17. Waste in, 119. GAVELKIND. Heirs in, writ of right de rationabili parte lies between, 25. Quod ei deforceat of lands in, 132. GRAND ASSISE. (See title Jury Process in Real Actions.) GRAND CAPE. The process on default before appearance, 165. Must be served fifteen days before the return day, 165. Where the writ is general there must be a demand made, 165. Duty of the sheriff, 165. Taking the tenements into the king's hands, mere form, 166. Summons made as on first summons, 166. Service disputed, how tried, 166. Sheriff's return, 166. Tenant cannot be essoigned, 166. Tenant may appear and wage his law of non-summons, 166. (See title Saver Default.) But it is usual to release the default, 167. If return contrary to 31 Eliz. c. 3, supersedable, 167. Judgment upon, 167. Where there are several tenants, 167. Where there are several demandants, 167. Grand cape ad valentiam, 167. Distringas in lieu of, 155. GUARDIAN in Socage. May have writ of right of ward, 32. May enter in name of his ward, 80. Ejectment by, 514. Evidence in, 597. HABERE FACIAS POSSESSIONEM, 607. (See title Ejectment.) HABERE FACIAS SEISINAM, 341. (See title Execution in Real Actions.) When evidence to prove customary right of common, 382. Whether evidence to prove a private prescriptive right, 382. When evidence in questions of pedigree, 589. HEIR. When he may have quare impedit, 101. Cannot bring waste for waste done in his ancestor's time, 109. To what fixtures he is entitled, 115. When liable on warranty of ancestor, 260. Action for slander of title by, 391. When he may sue, or be sued in covenant, 441, 448. When he may be sued in debt for rent, 469. Of copyholder, may have ejectment before admittance, 512. Of lord of a manor, ejectment by, for forfeiture, 543. Before entry may be admitted to defend in ejectment, 576. HERBAGE, 486, 664. HIGHWAY, 359. (See title Way.) In whom the ownership of waste lands adjoining resides, 666. IMPROVEMENTS. Recovered, together with the land, in real actions, 329. IMPROVEMENTS, (continued). When widow claiming dower, entitled to, 329. IN CASU PROVISO, writ of entry of. Given by stat. of Gloucester during lifetime of tenant in dower, on alienation by her, 94. Obsolete since statute 11 H. 7, 95, 258. IN CONSIMILI CASU, writ of entry of. Given by stat of Westm. 2, on alienation by tenant by the curtesy, or for life, 95. By whom it lies. Reversioner in fee, in tail, or for life, parson, or remainderman, 95. Issue in tail, on lease by tenant in tail for life of lessee, 95. Aliter on lease for his own life, 95. If brought on lease of demandant himself, no title need be made, 96. Process in, 96. INDICAVIT, writ of, 29. INDUCTION. (See title Quare Impedit.) Necessary to make plenarty against the king, 240. How tried, in quare impedit, 306. What interest and rights parson has before, 595, note (b). How proved in ejectment, 595. INFANT. Not bound by descent, cast during his infancy, 83. (See title Entry.) Shall not be put to save his default in real actions, 168. May plead his infancy in certain real actions, 211. (See title Parol Demurrer.) Infancy, plea of, in debt for rent, 475, Ejectment by, 515. When lessor not liable to costs, 607. INFERIOR COURT. Ejectment in, 543. Removal from, 547. Plea of justification in trespass under process of, 683. (See title Trespass.) Replication to, 695. Costs in, 699. Writ of false judgment, on judgment in, 652. INJUNCTION in equity to restrain ejectments, 619. INQUIRY, writ of. Of damages in real actions, in which damages have been given by statute, 308. Of the waste done in waste, 337. Of damages only after judgment by nil dicit, &c. 337. Whether necessary after judgment by default in debt for use and occupation, 477. On judgment by default for plaintiff, 645. On judgment for defendant, for damages under statutes of Hen. 8, 646, 647. Under stat. 17 Car. 2, c. 17, for arrears of rent, 646, 647, 648. Not superseded by writ of second deliverance, 654. INSOLVENT. By stat. 5 Geo. 4, c. 61, not liable on covenants in his lease after acceptance by his assignee, INSTITUTION, how proved in ejectment, 595. INTEREST. When and how recovered on rescinding contract for purchase of real property, 400, 401, 402. WRIT OF ENTRY SUR. In what cases it lies, 92. For him in reversion or remainder, or his grantee where tenant for life, &c. dies, and But where tenant for life aliens, and a stranger intrudes, a formedon lies for him in re- Where lands are given to two, and the heirs of one of them, 92. Heir under executory devise, 92. Seldom necessary to be resorted to, 92. Process in, 92. Limitation of, 11. Pleas in bar in, 227. INTRUSION, (continued). View in, 247. Aid in, 278. JOINTENANTS. How they must sue and be sued in real actions. (See titles Parties to Real Actions and Abate- The waste of one the waste of the others, 111. When one may sue another for waste, 108. Plea of jointenancy in real actions, 198. When they may vouch or be vouched, 261, 262. Jointenancy of plaintiff with third person must be pleaded in abatement in trespass, 674. JUDGMENT in REAL ACTIONS. Interlocutory or final, 326. When writ of inquiry necessary, 326. For the land, and for damages distinct, 326. By default, when the points of the writ inquired into, 327. Where one tenant suffers judgment by default, and another pleads, 327. When given with a cesset executio, 328. When signed immediately on certain pleas pleaded, 328. Effect of, not to vest freehold before execution, 328. But binds surviving jointenants before execution, 329. Ensues the nature of the thing demanded, 329. By jointenant or parcener not to hold in severalty, 329. When final, 330. In cessavit, 330. In quo jure, 330. In ne injuste vexes, 330. In mesne, 330. In quod permittat, 331. In dower, 331. Does not entitle the widow to enter before execution, 332. Where there is a prior term, 332. In formedon, 332. In assise of novel disseisin, 332. In writs of entry, 333. In quare impedit. For the plaintiff, 383. On default, 333. On confession, 334. On verdict, 334. Points to be inquired into, 334. (See title Jury Process and Trial.) For the defendants. On plea in abatement, 335. On demurrer, 335. On discontinuance or nonsuit, 335. On verdict, 335. For the king, 336. In waste. In the tenet for land and damages, and the tenuit for damages only, 356, 337. On default at the return of the distringas, 337. |