Volume 194, Page 440 View pdf image (33K) |
440 82 H- 8' CAP- 34' COVENANTS. by Disseisin, have thereof died seised, by reason of which dying seised, the Disseisee, or such other persons as before such De- scent might have lawfully entered into the said Manors, Lands, and Tenements, were, and be thereby clearly excluded of their Entry into the said Manors, Lands, and Tenements, and put to their Action for their Remedy and Recovery therein, to their great Costs and Charges; (2) for Reformation whereof, be it enacted by the Authority of this present Parliament, That the dying seised hereafter of any such Disseisor, of, or in any Manors, Lands, Tenements, or other Hereditaments, having no Eight or Title therein, shall not be taken or deemed from henceforth any such Descent in the Law, for to toll or take away the Entry of any such person or persons, or their Heirs, which at the time of the same Descent had good and lawful Title of Entry into the said Manors, Lands, Tenements, or Hereditaments, except that such Disseisor hath had the peace- able Possession of such Manors, Lands, Tenements, or Heredit- aments whereof he shall so die seised, by the space of five Years next after the Disseisin therein by him committed, with- out Entry, or continual Claim by or of such person or persons as have lawful Title thereuuto. 13 Co. 6. 1 Brownl. 131. Five Years Possession in the Disseisor before his Death. Dyer, f. 219. Co. Litt. 238, 256 a. Plowd. 47. Hob. 243. It is scarcely possible to suggest a case in which the doctrine of descent cast can be now so applied as to prevent a claimant from maintaining eject- ment, Adams on Ejectment, 41, n. e; see Taylor v Horde, 1 Burr. 60. But it is understood that the old English law on this subject of disseisin does not prevail in Maryland, Dorsey on Ejectment, 34.1 1 See Wickes v. Wickes, 98 Md. 327; Waltemeyer v. Baughman, 63 Md. 204. 335 CAP. xxxiv. Concerning Grantees of Reversions to take Advantage of the Condi- tions to Ie performed by the Lessees, Where before this time divers, as -well Temporal as Ecclesi- astical and Religious Persons, have made sundry Leases, De- mises, and Grants to divers other persons, of sundry Manors, Lordships, Perms, Meases, Lands, Tenements, Meadows, Pas- |
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Volume 194, Page 440 View pdf image (33K) |
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