A Digest of the Laws of England Respecting Real Property, Volume 3J. Butterworth, 1824 - Real property |
From inside the book
Results 1-5 of 69
Page 30
... Justice Wilmot said , the true reason why a grant of a fallen presentation of an advow- son , after avoidance , is not good , quoad the fallen va- cancy , is the public utility , and the better to guard against simony ; not for the ...
... Justice Wilmot said , the true reason why a grant of a fallen presentation of an advow- son , after avoidance , is not good , quoad the fallen va- cancy , is the public utility , and the better to guard against simony ; not for the ...
Page 31
... Justice De Grey said , he was not able to doubt upon the question . An advowson was a tempo- ral right ; not indeed jus habendi , but jus disponendi . The exercise of that right was by presentation . The right itself was a valuable ...
... Justice De Grey said , he was not able to doubt upon the question . An advowson was a tempo- ral right ; not indeed jus habendi , but jus disponendi . The exercise of that right was by presentation . The right itself was a valuable ...
Page 33
... Justice De Gray's argument in the Ante , § 69 . case of Barret v . Glubb , in which he distinguished between a purchase of the next presentation to a church , and a purchase of an advowson in fee ; for , in the first case , he admitted ...
... Justice De Gray's argument in the Ante , § 69 . case of Barret v . Glubb , in which he distinguished between a purchase of the next presentation to a church , and a purchase of an advowson in fee ; for , in the first case , he admitted ...
Page 38
... justice . But the courts of justice never interfered with possibilities . They never interfered but when such abuse appeared , and was specified and alleged in the pleadings , in order to be proved if denied . That the bishop in this ...
... justice . But the courts of justice never interfered with possibilities . They never interfered but when such abuse appeared , and was specified and alleged in the pleadings , in order to be proved if denied . That the bishop in this ...
Page 39
... justice to interfere : the unfitness in like manner must be specified and alleged , in order to be proved . But the bond in the present case was unattended with any such circumstance ; and therefore neither any un- due unfluence or ...
... justice to interfere : the unfitness in like manner must be specified and alleged , in order to be proved . But the bond in the present case was unattended with any such circumstance ; and therefore neither any un- due unfluence or ...
Contents
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Common terms and phrases
abeyance advowson afterwards aliened ancestor ancient annexed appurtenant attainted Banbury baroniam barony bishop body bond brother castle cattle church claim clerk coheirs common law copyhold corruption Court court of equity created Crown Curia Regis curtesy custom daughter death descended died dignity doctrine Duke Earl earldom eldest Eliz entitled equity escheat estate tail estovers father fee simple feoffment forfeited forfeiture grant Gwill heirs male held Henry high treason honour House of Lords House of Peers inheritance Inst issue John Justice King land lease letters patent lineal Lord Coke Lord Coke says manor opinion patron peer person petitioner plaintiff possession prescription present profits purchase question reason rector rent resignation resolved reversion right of common seised seisin simony sister statute summoned to parliament tenant in tail tenements tenure thereof tion titheable tithes trust vested void wife writ of summons
Popular passages
Page 171 - ... rerum, an end of names and dignities, and whatsoever is terrene, and why not of De Vere ? For where is Bohun ? Where is Mowbray ? Where is Mortimer ? Nay, which is more and most of all, where is Plantagenet ? They are entombed in the urns and sepulchres of mortality. And yet let the name and dignity of De Vere stand so long as it pleaseth God!
Page 108 - Offices, which are a right to exercise a public or private employment, and to take the fees and emoluments thereunto belonging, are also incorporeal hereditaments, whether public, as those of magistrates, or private, as of bailiffs, receivers, and the like.
Page 351 - ... if such tenant for life die on the day on which the same was made payable, the whole, or if before such day then a proportion, of such rent, according to the time such tenant for life lived of the last year or quarter of a year or other time in which the said rent was growing due as aforesaid, making all just allowances, or a proportionable part thereof respectively...
Page 343 - ... when the party by his own contract creates a duty or charge upon himself he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 378 - On failure of lineal descendants, or issue, of the person last seised, the inheritance shall descend to his collateral relations, being of the blood of the first purchaser; subject to the three preceding rules.
Page 272 - Where the legitimacy of a child, in such a case, is disputed, on the ground that the husband was not the father of such child, the question to be left to the jury is, whether the husband was the father of such child? and the evidence to prove that he was not the father must be of such facts and circumstances as are sufficient to prove, to the satisfaction of a jury, that no sexual intercourse took place between the husband and wife at any time, when, by such intercourse, the husband could, by the...
Page 116 - If an office be granted to a person quamdiu se bene gesserit, the grantee has an estate for life ; for as nothing but misconduct can determine his interest, no one can prefix a shorter time than life ; since it must be by his own act, which the law will not presume, that his estate can determine.
Page 481 - ... therefore, for such things as can have no lawful beginning, nor be created at this day by any manner of grant, or reservation, or deed that can be supposed, no prescription is good.
Page 515 - But as often as parliament had limited the time of actions and remedies to a certain period, in legal proceedings, the Court of Chancery adopted that rule, and applied it to similar cases in equity.
Page 378 - ... result back to the heirs of the body of that ancestor, from whom it either really has, or is supposed by fiction of law to have originally descended: according to the rule laid down in 'the year booksP, Fitzherbert'i, Brook r, and Hale9, " that he who would have been heir to the father of the deceased...