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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 440   View pdf image (33K)
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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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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 440   View pdf image (33K)
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