And judgment was given that the entry and feoffment were good and lawful, and the use changed by the first indenture and agreement.
A court reporter at the King's Bench formulated two principles on consideration of the case of Wilkes against Leuson as: "The heir is estopped from falsifying the consideration acknowledged in the deed of feoffment of his ancestor.
For instance, "Also, if feoffment be made upon such condition, that if the feoffor pay to the feofee at a certain day, etc.
He and Thomas Ingham reported that Fastolf told them at the time it was his will that Paston should have those things he had granted at the time of the seisin of the said feoffment delivered, whatever was written in the parchment.
Hence the testimony of these witnesses was false, that Fastolf, about the beginning of Autumn five years ago, had made to John Paston estate and feoffment and livery of seisin of his manor of Caister, and other lands in Cos.
As to the sokemen we find indeed, that their right is contrasted with feoffment and at the same time considered as a kind of free tenancy, that it is defended by manorial writs, and at the same time well established in custom[876].
But the warranty of the lord and the feoffment were necessary as a rule.
They deal almost exclusively with the case of a feoffment made by the lord to a villain and his heirs, and give the feoffee an action only on the ground of implied manumission.
Even in feudal times this could be done by means of a fictitious lawsuit ending in 'a final concord'; or even simply by an instrument of quit claim and feoffment without any suit[759].
In the same way the annals of Dunstable speak of the seisin of the township of Toddington[779], and of a feoffment made by them on behalf of the lord.
A feoffment of land made on the basis of free tenure proceeds from the grantor in the same way as a grant on the conditions of base tenure; freehold comes from the lord, as well as copyhold.
The opposition is again clearly between traditional occupation and new feoffment settled by written instrument.
The tenement is paying a fixed and certain rent and therefore socage, but it is not defended by feoffment and charter; it is not recognised by law, and therefore it remains at the will of the lord and unfree[735].
A feoffmentmight well be made without a charter[875].
Tenements created by way of beneficial feoffment are in general easily recognised.
A memorandum is also made that “the 22d day of April several deeds of feoffment were made unto the several proprietors.
He received in that year from the Dean and Chapter of St. Paul's a feoffment of the manor of Portpool, which they had received in mortmain from Richard de Chyggewell, alderman and mercer of London.
A deed or charter of feoffment was commonly executed at the same time by way of record, but formed no essential part of the conveyance.
By this ingenious device was the publicity offeoffment or enrolment avoided, and the lease and release, as the process was called, remained the usual mode of conveying a freehold, in possession down to the 19th century.
Other ways, besides an actual feoffment to uses, of creating a use had been in vogue before the statute.
If feoffees, who possess an estate only during the life of a son, where divers remainders are limited over, make a feoffment in fee to him, by the feoffment, all the future remainders are destroyed.
If a tenant in tail after a possibility make a feoffment of his land, he in reversion may enter for the forfeiture.
It bore in fact exactly the same relation to the Testament, which the deed leading the uses bore to the Fines and Recoveries of old English law, or which the charter of feoffment bore to the feoffment itself.
In course of time men will evolve formulas which will aptly fit their thought, for example, the 'feudal' charter of feoffment with its tenendum de me and its reddendo mihi.
By feoffment one gives land to a man for his life, or one gives it to him and the heirs of his body, or to him and his heirs: but in any case, the land may come back to the giver.
The above list will hopefully give you a few useful examples demonstrating the appropriate usage of "feoffment" in a variety of sentences. We hope that you will now be able to make sentences using this word.
