Expert Testimony on Noble Title
Lord Barnard held a life estate in the castle. A remainderman sought enforcement after the lord destroyed the structure. The court considered whether the life tenant's conduct justified vicarious enforcement measures.
Also known as: lords · Law Lord · peer · House of Lords
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A title of honor or nobility belonging properly to a baron but applied also to anyone who attains the rank of a peer.
A property owner whose land is in a tenant's possession. The term originated in feudal land tenure where a lord held superior title and received feudal dues when land descended to heirs.
Each sense below has its own examples, sources, and questions.
A title of honor or nobility belonging properly to a baron but applied also to anyone who attains the rank of a peer.
Lord Barnard held a life estate in the castle. A remainderman sought enforcement after the lord destroyed the structure. The court considered whether the life tenant's conduct justified vicarious enforcement measures.
Lord Barnard held the castle as life tenant. The remainderman sought an order to rebuild after destruction. The court considered appointment of a representative to perform the work at the lord's expense.
A property owner whose land is in a tenant's possession. The term originated in feudal land tenure where a lord held superior title and received feudal dues when land descended to heirs.
A mesne lord held superior title over land held by a life tenant. Upon the tenant's death the heirs took by descent. The lord thereby became entitled to feudal dues triggered by the descent.
A mortgagee acquired fee title as lord. Courts examined intent rather than applying automatic merger. The mortgage was not extinguished absent contrary intention.
A temporal lord is an English peer other than an ecclesiastical one who sits in Parliament. The distinction rests on the exclusion of bishops and archbishops from the temporal category.
Mesne lords received feudal dues only when land descended to heirs. The Rule in Shelley's Case forced descent rather than purchase. This revenue consequence benefited the lords.
Mortmain statutes protected mesne lords by limiting corporate land accumulation. Early English statutes such as De Viris Religiousis addressed feudal rights of lords. The statutes prevented loss of incidents due to corporate ownership.
Modern mortgage law rejects automatic merger. Courts instead examine the parties' intent and reach equitable results without relying on the feudal maxim that no one can be both tenant and lord.
The rule forced a remainder in favor of the life tenant's heirs to pass to the life tenant by descent rather than purchase. This triggered feudal dues owed to the mesne lord upon the life tenant's death.
…some particular thing appertaining to their office and duty and which the court supposes to be consonant to right and justice. Lord Mansfield stated that whenever there is a right to execute an office and a person is kept out of possession and has no other specific legal remedy, the court ought to assist by mandamus.…