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Taltarum's Case
''Taltarum's Case'' is the name given to an English legal case heard in the Court of Common Pleas, with decisions being handed down in 1465 and 1472. The case was long thought to have established the operation of the common recovery, a collusive legal procedure that was, until finally abolished in 1833, an important element of English law of real property. By means of a complex legal fiction, a recovery converted a freehold or copyhold property held in fee tail, which could not be freely sold or disposed of, into an estate in fee simple, which could be disposed without restriction. Although the principles of the common recovery had existed before 1472, the extensive discussion of these principles by the judges in ''Taltarum's Case'' meant that in succeeding centuries the common recovery's procedures, and even the names of some of the fictitious individuals involved in them, were modelled on the case. Although traditionally known as ''Taltarum's Case'', this name was in fact a mi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common Pleas served as one of the central English courts for around 600 years. Authorised by Magna Carta to sit in a fixed location, the Common Pleas sat in Westminster Hall for its entire existence, joined by the Exchequer of Pleas and Court of King's Bench. The court's jurisdiction was gradually undercut by the King's Bench and Exchequer of Pleas with legal fictions, the Bill of Middlesex and Writ of Quominus respectively. The Common Pleas maintained its exclusive jurisdiction over matters of real property until its dissolution, and due to its wide remit was considered by Sir Edward Coke to be the "lock and key of the common law". It was staffed by one Chief Justice and a varying number of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Year Books
The Year Books are the modern English name that is now typically given to the earliest law reports of England. Substantial numbers of manuscripts circulated during the later medieval period containing reports of pleas heard before the Common Bench. In the sixteenth century versions of this material appeared in print form. These publications constituted the earliest legal precedents of the common law. They are extant in a continuous series from 1268 to 1535, covering the reigns of King Edward I to Henry VIII. The language of the original manuscripts and editions was either Latin or Law French. Maitland and others have considered that the medieval manuscripts were compiled by law students, rather than being officially sanctioned accounts of court proceedings. The best-known printed version is the so-called "Vulgate" edition, which appeared in a series of volumes between 1678 and 1680, and which became the standard edition consulted by practising lawyers. More recent editions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1470s In Law
147 may refer to: * 147 (number), a natural number * AD 147, a year of the Julian calendar, in the second century * 147 BC, a year of the pre-Julian Roman calendar * 147 AH, a year in the Islamic calendar that corresponds to 764 – 765 CE In the military * BQM-147 Dragon unmanned aerial vehicle, a tactical battlefield UAV operated by the US Marine Corps * Ryan Model 147 Lightning Bug was a drone, or unmanned aerial vehicle during the 1960s * was a United States Navy Admirable-class minesweeper during World War II * was a United States Navy Edsall-class destroyer escort during World War II * was a United States Navy Haskell-class attack transport during World War II * was a United States Navy ''General G. O. Squier''-class transport ship during World War II * was a United States Navy Wickes-class destroyer during World War II * was a United States Navy ''Neosho''-class fleet oiler of the United States Navy during the Six-Day War Science and medicine * 147 Protogeneia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Common Pleas (England) Cases
A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one another without involving the King. List * Court of Common Pleas at Westminster * Court of Common Pleas (Ireland) * Court of Common Pleas of the County Palatine of Durham * Court of Common Pleas of the County Palatine of Lancaster * Delaware Court of Common Pleas * New York Court of Common Pleas * New Jersey Court of Common Pleas * Ohio Courts of Common Pleas * Pennsylvania Courts of Common Pleas In Pennsylvania, the courts of common pleas are the trial courts of the Unified Judicial System of Pennsylvania (the State court (United States), state court system). The courts of common pleas are the trial courts of general jurisdiction in the ... * South Carolina Court of Common Pleas {{SIA ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward Coke
Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Saxon England, but the rule of the Norman and Plantagenet dynasties had effectively ended its use amongst the upper classes. The popularity of the name was revived when Henry III named his firstborn son, the future Edward I, as part of his efforts to promote a cult around Edward the Confessor, for whom Henry had a deep admiration. Variant forms The name has been adopted in the Iberian peninsula since the 15th century, due to Edward, King of Portugal, whose mother was English. The Spanish/Portuguese forms of the name are Eduardo and Duarte. Other variant forms include French Édouard, Italian Edoardo and Odoardo, German, Dutch, Czech and Romanian Eduard and Scandinavian Edvard. Short forms include Ed, Eddy, Eddie, Ted, Teddy and Ned. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fee Tail
In English common law, fee tail or entail is a form of trust established by deed or settlement which restricts the sale or inheritance of an estate in real property and prevents the property from being sold, devised by will, or otherwise alienated by the tenant-in-possession, and instead causes it to pass automatically by operation of law to an heir determined by the settlement deed. The term ''fee tail'' is from Medieval Latin , which means "cut(-short) fee" and is in contrast to "fee simple" where no such restriction exists and where the possessor has an absolute title (although subject to the allodial title of the monarch) in the property which he can bequeath or otherwise dispose of as he wishes. Equivalent legal concepts exist or formerly existed in many other European countries and elsewhere. Purpose The fee tail allowed a patriarch to perpetuate his blood-line, family-name, honour and armorials in the persons of a series of powerful and wealthy male descendants. By kee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Guy Fairfax
Sir Guy Fairfax (died 1495), was an English judge. Fairfax was of a Yorkshire family, and third son of Richard Fairfax of Walton, by his wife, Anastasia, daughter of John Carthorpe. He is mentioned in 1421 as seised of the manor of Hameldene, being then very young. From his father he inherited the manor of Steeton in North Yorkshire, where he built a castle. At first he seems to have been occupied with purely local business. He was in the commission of array for the West Riding in 1435, and in 1460 was commissioned to inquire what lands there were in that riding belonging to Richard, duke of York, who had been attainted in the previous parliament. One of his colleagues was Sir William Plumpton, whose counsel he afterwards was in 1469. He first appears in the year-books in Michaelmas 1463 as a serjeant and member of Gray's Inn. On 28 April 1468 he was appointed King's serjeant, and in 1476 became Recorder of York. He was raised to a judgeship of the King's bench and is first me ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Catesby
John Catesby KS (died 1486) was a British judge. Family The Catesby family had been settled for some time in Northamptonshire and held the manor of Lapworth in Warwickshire. He was the son of Edmund Catesby. He was the uncle of William Catesby, another noted lawyer, and a member of the Inner Temple. Career He became a Serjeant-at-Law in 1463, allowing him to practice in the Court of Common Pleas and a King's Serjeant on 18 April 1469. On 20 November 1481 he was made Third Justice of the Court of Common Pleas. He served continuously from the reign of Edward IV to that of Henry VII, although the latter delayed his appointment for a month due to his relation to William Catesby, who had been a close ally of the previous king. On the death of Richard Neele in 1486 he became Second Justice of the Common Pleas but died later that year. Personal life He married Elizabeth Green, daughter of William Green of Hayes, MiddlesexDictionary of National Biography, Volumes 1-20, 22 for John C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Remainder (law)
In property law of the United Kingdom and the United States and other common law countries, a remainder is a future interest given to a person (who is referred to as the transferee or remainderman) that is capable of becoming possessory upon the natural end of a prior estate created by the same instrument. Thus, the prior estate must be one that is capable of ending naturally, for example upon the expiration of a term of years or the death of a life tenant. A future interest following a fee simple absolute cannot be a remainder because of the preceding infinite duration. For example: : A person, , conveys (gives) a piece of real property called "Blackacre" "to for life, and then to and her heirs". :* receives a life estate in Blackacre. :* holds a ''remainder'', which can become ''possessory'' when the prior estate naturally terminates ('s death). However, cannot claim the property during 's lifetime. There are two types of remainders in property law: ''vested'' and ''conting ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marriage Settlement (England)
A marriage settlement in England was a historic arrangement whereby, most commonly and in its simplest form, a trust of land or other assets was established jointly by the parents of a bride and bridegroom. The trustees were established as legal owners of the assets, and the bride and bridegroom as beneficial owners of the assets during their lifetimes, and after their deaths, beneficial ownership would descend to one or more of the children of the union. The marriage settlement should not be confused with the modern prenuptial agreement, which is concerned mainly with the division of assets after divorce. Such settlements were also commonly made in the British colonies in North America, among families with assets to protect. Purposes It was a means of ensuring the proper use of a dowry provided by a bride's father to be used for his daughter's financial support throughout her married life and into her widowhood, and also a means by which the bride's father was able to obtain from t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Danby
Sir Robert Danby, Justice of the Common Pleas, King's Serjeant (died 1474) was a British justice. Life He was the fifth son of Thomas Danby of Danby, Yorkshire, and his wife Mary, daughter of Sir Robert Tanfield. He adopted the legal profession, and occurs in the year-books as early as 1431. In 1441, he appeared in a case before the privy council, and, in 1443, was made serjeant-at-law, being promoted king's serjeant soon afterwards. He seems never to have sat in parliament, but, on 28 June 1452, he was raised to the bench of common pleas. Being apparently of Yorkist sympathies, he was on 11 May 1461, immediately after the accession of Edward IV, appointed chief justice of common pleas. He was knighted soon afterwards. When Henry VI regained his throne Danby was, by patent dated 9 October 1470, continued as chief justice, but when Edward IV returned in the following year Danby ceased to be chief justice. As he disappears from the list of judges three weeks before the others ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forcible Entry Act 1381
The Forcible Entry Act 1381 (5 Ric 2 St 1 c 7) was an Act of the Parliament of the Kingdom of England. It created a statutory offence of forcible entry which superseded the common law offence. It is written in the Anglo-Norman language. The original text (reproduced here in Roman script, without most accents in the original) is sourced from ''The Statutes'', 1870 Revised Edition, Vol. I, p.227:Et Auxint le Roi defende q nully desore face entree en aucunes tres & teñz sinoun en cas ou entree est done p la loy, & en cell cas nemye a forte main ne a multitude des gentz, einz tantsoulement en isible & aiseemane, et si nully desore face a contraire & ent soit convict duement soit puniz p emprisonment de son corps & dilloeqs reint a la voluntee le Roy. It has been translated as follows:And also the King defendeth, that none from henceforth make any entry into lands and tenements, but in case where entry is given by the law; and in such case not with strong hand, nor with multitude ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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