The Act for the Sale of Real Estate (Classic Reprint)

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Excerpt from The Act for the Sale of Real Estate It has been made a question whether, under such legislation, the theory of tenures had not expired, and lands were not held allodially.1 Judge Shars wood says, the better Opinion appears to be that they still exist, 2 and he states that many of our rules of law are of feudal origin, and cites these Opinions: The principles of the feudal system are so interwoven with our jurisprudence that there is no removing them without destroying the whole texture and Gibson, J said, Though our property is allodial, yet feudal tenures may be said to exist among us in their consequences and the qualities which they originally imparted to estates, as, for instance, in precluding every limitation founded on an Our ground-rents are held to be rent services with their favorable incidents.5 Thus the burdens of the feudal law have vanished, whilst its policy is resorted to only to determine the mean ing and application of many principles of property long established and yet in force, and which cannot be eradicated without great disturbance and the danger of incurring indefinite evils. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.