Edward Shelley was a tenant in tail general. He had two sons. The
older son predeceased his father, leaving a daughter and his wife
pregnant with a son. Edward had a common recovery (the premises
being in lease for years) to the use of himself for term of his
life, after his decease to the use of the male heirs of his body,
and of the male heirs of the body of such heirs, remainder over.
After judgment and the awarding of the writ of seisin, but before
its execution, Edward died. After his death, and before the birth
of his older son's son, the writ of seisin was executed. The
younger son entered the land and leased it to a third party.
Afterwards, the son of the older son was born. He entered the land
and ejected the third party. It was held that the younger son had
taken quasi by descent until the birth of the older son's son. The
entry by the older son's son was lawful. The third party was
lawfully ejected. (Shelley's Case, King's Bench, 1581, English
Reports - Full Reprint, Vol. 76, Page 206.)
- - - Chapter 14 - - -
- The Times: 1601-1625 -
Due in part to increasing population, the prices of foodstuffs had
risen sixfold from the later 1400s, during which it had been
stable. This inflation gradually impoverished those living on
fixed wages. Landlords could insist on even shorter leases and
higher rents.
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