Reports of Cases Determined in the Several Courts of Westminster-hall, from 1746 to 1779, Volume 1S. Sweet, R. Pheney, 1828 - Law reports, digests, etc |
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Page 132
... feoffment ; 14 Vin . Abr . 288 , pl . 5 : but the principal case there is contra ; but all the authorities are agreed as to a feoffment and re - feoffment : 5 T. R. 105 [ Roe v . Baldwere ] : and note , that it does change the ...
... feoffment ; 14 Vin . Abr . 288 , pl . 5 : but the principal case there is contra ; but all the authorities are agreed as to a feoffment and re - feoffment : 5 T. R. 105 [ Roe v . Baldwere ] : and note , that it does change the ...
Page 136
... feoffment to A. and his heirs did not pass a fee - simple originally , in the sense we now use it ; but only an estate to be enjoyed as a merum beneficium , without power of alienation , in prejudice of the heir or the lord . And the ...
... feoffment to A. and his heirs did not pass a fee - simple originally , in the sense we now use it ; but only an estate to be enjoyed as a merum beneficium , without power of alienation , in prejudice of the heir or the lord . And the ...
Page 137
... Feoffment to Uses , pl . 10. Poph . ( k ) . This defeated the creditors of cestuy que use , and was found inconvenient . Persons having actions against him were de- feated . Tenancy in dower , and by curtesy , was gone ; and therefore ...
... Feoffment to Uses , pl . 10. Poph . ( k ) . This defeated the creditors of cestuy que use , and was found inconvenient . Persons having actions against him were de- feated . Tenancy in dower , and by curtesy , was gone ; and therefore ...
Page 140
... feoffment to use made to Sir F. Page . Would the lord's condition with respect to an escheat have been bettered by such a conveyance at common law ? I think , it would have been worse . He would not have been entitled to an escheat on ...
... feoffment to use made to Sir F. Page . Would the lord's condition with respect to an escheat have been bettered by such a conveyance at common law ? I think , it would have been worse . He would not have been entitled to an escheat on ...
Page 167
... feoffment or other conveyance there is a limitation of a use to the feoffee or grantee , and afterwards in the same deed another limitation of a use of the same lands to another person ; there the second use will not be executed by the ...
... feoffment or other conveyance there is a limitation of a use to the feoffee or grantee , and afterwards in the same deed another limitation of a use of the same lands to another person ; there the second use will not be executed by the ...
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Common terms and phrases
2dly act of Parliament action affidavit afterwards appears argued assigned assumpsit bill Bishop Blackfordby certiorari cestuy Chancery cited common law contract conveyance Court court leet Court of equity Crown debt declared deed defendant determined devise discharged East election Eliz entitled equity escheat estate tail evidence execution executor feoffment fraud gavelkind give given granted heir held indictment interest issue Judges judgment jurisdiction jury justice King King's land latitat lease Lessee liable Lord Hardwicke Lord MANSFIELD mandamus ment Norton opinion parish party person plaintiff plea pleaded present printing question qui tam quo warranto Raym reason recover rule S. C. 3 Burr Salk Serjeant settlement ship stat statute statute of frauds Stra tenant Term testator tion trial trust verdict vested visitor void warrant wharf wife WILMOT Wils witness words writ
Popular passages
Page 34 - This is properly a criminal method of prosecution, as well to punish the usurper by a fine for the usurpation of the franchise, as to oust him, or seize it for the crown; but hath long been applied to the mere purposes of trying the civil right, seizing the franchise or ousting the wrongful possessor; the fine being nominal only.
Page 191 - When a ship is driven on shore, it is the duty of the master either to repair his ship, or to procure another; and having performed the voyage, he is then entitled to his freight ; but he is not entitled to the whole freight, unless he perform the whole voyage, except in cases where the owner of the goods prevents him ; nor is he entitled pro rata unless under a new agreement.
Page 672 - Honor directed a case to be stated for the opinion of the Court of King's Bench.
Page 405 - I. c. 11.) the presumption of the duration of life, with respect to persons of whom no account can be given, ends at the expiration of seven years from the time when they were last known to be living.
Page 301 - Now upon the Best Consideration I have been able to give this Matter, I am very clear of Opinion, that at the Trial, I ought not to have admitted the Evidence of Usage. But the Point of Law is here settled...
Page 468 - The policy is founded on mifreprefentation : the fhip is infured " at and from Genoa to Dublin ; the adventure to begin " from the loading, to equip for this voyage.
Page 358 - ... might happen within the year; but where it appears by the whole tenor of the agreement that it is to be performed after the year, there a note is necessary.
Page 304 - Taylor it was found, by the special verdict, "that before the reign of her late majesty, Queen Anne, it was usual to purchase from authors the perpetual copyright of their books, and to assign the same from hand to hand for valuable consideration, and to make the same the subject, of family settlements, for the provision of wives and children.