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DESCENT WHICH TOLLS ENTRY [1 record]

Record 1 2003-03-25

English

Subject field(s)
  • Translation (General)
CONT

Descent cast is the same as what the older writers called a "descent which tolls entry". Where a person who acquired land by disseisin, abatement or intrusion died seised of the land, the descent of it to his heir took away or "tolled" the true owner's right of entry, so that he could only recover the land by an action.

OBS

The doctrine of descent cast was abolished by the Real Property Limitation Act, 1833, s. 39. The term seems to have originally meant the happening of any descent, because the law used to "cast" the land upon the heir.

French

Domaine(s)
  • Traduction (Généralités)

Spanish

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