mortmain - Hutchinson encyclopedia article about mortmain Printer Friendly
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mortmain

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mortmain

Lands held by a corporate body, such as the church, in perpetual or inalienable tenure.

In the Middle Ages, alienation in mortmain, usually to a church in return for a chantry foundation, deprived the feudal lord of his future incidents (payments due to him when the land changed ownership) and rights of wardship, and so attempts were often made to regulate the practice.


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Already, however, the legal tongues are wagging, and one young law student is loudly asserting that the rights of the owner are already completely sacrificed, his property being held in contravention of the statues of mortmain, since the tiller, as emblemship, if not proof, of delegated possession, is held in a dead hand.
 
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