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These required possession. Assumpsit was of no avail.
It merely declared that the possession needs to be transferred to
the use and that the cestui que use should have the possession after such manner and form as he had before the use.
It declared that any holder of a cestui que
use became the holder of the authorized title of the possession in fee easy.
They were the one ones who might take proceedings against those who interfered with their ownership.
A change in the laws made feoffees the absolute homeowners of the property of
which that they had been enfeoffed, and so they
became subject to all the liabilities of possession. Feudal incidents could not be enforced
upon the beneficiaries, since these weren't the house owners of the land.
Henry VIII sought to finish all cestui que makes use of and regain the incidents (charges and funds) that had been deprived him.
The Statute of Makes use of was enacted in 1535, and was intended to
end the "abuses" which had incurred in cestui que use. The
Statute did not, as had previously been prompt, try
to remedy these abuses by declaring any makes use of void.
In 1402, the Commons had petitioned the king for a
remedy towards dishonest feoffees to makes use of, apparently with no end result.
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