(38) See, e.g., JAMES ARTHUR BALLANTINE, LAW DICTIONARY WITH PRONUNCIATIONS 961 (1948) ("[Personal property] embraces all objects and rights which are capable of ownership except freehold estates in land, and incorporeal
hereditaments issuing thereout, or exercisable within the same.").
"lands or other
hereditaments." (102) No death sentence meant
100% relief for post offices (and
hereditaments that include post offices) with a rateable value of pounds 9,000 or less;
On October 7, 1640 the Massachusetts colonial legislature, the General Court, enacted a law requiring land registration and its implementation became an integral part of the colony's economic regulations: For avoiding all fraudulent conveyances, and that every man may know what estate or interest other men may have in any houses, lands, or other
hereditaments they are to deal in, it is therefore ordered, that after the end of this month no mortgage, bargain, sale, or grant hereafter to be made of any house, lands, rents, or other
hereditaments, shall be of force against any other person except the grantor and his heirs, unless the same be recorded, as is hereafter expressed [Shurtleff 1853: vol.
But like Blackstone, who called property a realm of "sole and despotic dominion" before launching into the web of shared "incorporeal
hereditaments," (51) the modern study of property law starts with Pierson v.
The act's preamble charged the North with "departing from the usages of civilized warfare in confiscating and destroying the property of the people of the Confederate States" and asserted that "our only protection against such wrongs is to be found in such measures of retaliation as will ultimately indemnify our own citizens for their losses, and restrain the wanton excesses of our enemies." The Confederacy would therefore now seize all "lands,
hereditaments, goods and chattels, rights and credits" owned by Northern citizens in the South.
and other Concerns of the like Nature, from or arising out of any Lands, Tenements,
Hereditaments, or Heritages, on the Profits of the Year preceding:"
Whereas Gifts or Alienations of Lands, Tenements or
Hereditaments, in Mortmain, are prohibited or restrained by Magna Charta, and divers other wholsome Laws, as prejudicial to and against the common Utility; nevertheless this publick Mischief has-of late greatly increased by many Persons, to Uses called Charitable Uses, to take place after their Deaths, to the Disherison of their lawful "Heirs": For Remedy whereof be it enacted ...