The Practice of the Law in All Its Departments: With a View of Rights, Injuries, and Remedies, and as Ameliorated by Recent Statutes, Rules, and Decisions ... and the Practice in Arbitrations; Before Justices; in Courts of Common Law; Equity; Ecclasiastical and Spiritual; Admiralty; and Courts of Appeal. With New Practical Forms. Intended as a Court and Circuit Companion, Volume 1London, H. Butterworth, 1833 - Civil procedure |
From inside the book
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Page 5
... grant , by bankruptcy , by will or testament , or under the statute of dis- tribution , but principally by contracts , which , though formerly otherwise , has now become by far the most frequent and im- portant ground of claim to ...
... grant , by bankruptcy , by will or testament , or under the statute of dis- tribution , but principally by contracts , which , though formerly otherwise , has now become by far the most frequent and im- portant ground of claim to ...
Page 51
... grant the exclusive use of a vault during his own life , yet he could not do it by parol , as a grant under seal is always essential to the creation of a freehold easement ; ( q ) and it was also considered that a rector cannot grant a ...
... grant the exclusive use of a vault during his own life , yet he could not do it by parol , as a grant under seal is always essential to the creation of a freehold easement ; ( q ) and it was also considered that a rector cannot grant a ...
Page 56
... grant the same ; or knowingly and wilfully consent to solemnization of marriage by a person not being in holy orders . But in all other cases of fraud or false swearing , or other irregularity , the marriage itself is valid , though the ...
... grant the same ; or knowingly and wilfully consent to solemnization of marriage by a person not being in holy orders . But in all other cases of fraud or false swearing , or other irregularity , the marriage itself is valid , though the ...
Page 80
... grant a new trial . ( i ) But where a postchaise is hired , the postmaster , and not the hirer , is in general liable for any damage . ( k ) Clerks are only a superior description of servants , whose duties are limited to the particular ...
... grant a new trial . ( i ) But where a postchaise is hired , the postmaster , and not the hirer , is in general liable for any damage . ( k ) Clerks are only a superior description of servants , whose duties are limited to the particular ...
Page 106
... grant , or assignment , and bill of sale . ation . Ninthly , is enumerated title by Grant as distinguished from gift , though that term is now usually confined to a transfer of some easement relating to land , as a grant of a right of ...
... grant , or assignment , and bill of sale . ation . Ninthly , is enumerated title by Grant as distinguished from gift , though that term is now usually confined to a transfer of some easement relating to land , as a grant of a right of ...
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Common terms and phrases
action Adolp advowson ante ARY MEASURES assets bill Bing breach Burn's Campb CHAP chattels Chit choses in action committed common law considered contract conveyance copyhold Court of Chancery Court of Equity covenant creditor Cres criminal damages debt deed defendant demise East ejectment emblements enacts entitled entry executor expressly felony feoffment forfeiture freehold grant habeas corpus heir ibid illegal imprisonment indictment injunction injury interest jury justice land landlord lease liable Lord malicious manor marriage master ment Moore mortgage notice nuisance obtained offence otherwise owner particular party payment peace personal property PERSONALTY plaintiff possession PRECAUTION premises prevent proceedings punishable purchaser real property remedy rent respect RIGHTS TO REAL Russ Saund seisin servant statute surety Taunt tenant term testator tion tithe trespass unless wife Wils writ
Popular passages
Page 124 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Page 114 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 740 - ... years, the right thereto shall be deemed absolute and indefeasible, unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.
Page 616 - ... idle and disorderly person within the true intent and meaning of this Act ; and it shall be lawful for any Justice of the Peace to commit such offender...
Page 346 - And moreover, no devise in writing of land, tenements or hereditaments, nor any clause thereof, shall at any time after the said four and twentieth day of June be revocable, otherwise than by some other will or codicil in writing or other writing declaring the same, or by burning, cancelling, tearing or obliterating the same by the testator himself, or in his presence and by his directions and consent...
Page 396 - ... less than seven years, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding four years.
Page 617 - Peace to commit such offender (being thereof convicted before him by the confession of such offender, or by the evidence on oath of one or more credible witness or witnesses) to the House of Correction, there to be kept to hard labour for any time not exceeding three calendar months...
Page 769 - Revenue may be had and taken throughout the year, without reference to any seal day, provided that, in all cases in which any particular number of days not expressed to be clear days is prescribed by the rules or practice of the Court, the same shall be reckoned exclusively of the first day and inclusively of the last day...
Page 188 - Though he may use the water while it runs over his land, he cannot unreasonably detain it, or give it another direction, and he must return it to its ordinary channel when it leaves his estate. Without the consent of the adjoining proprietors, he cannot divert or diminish the quantity of water which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above, without a grant or an uninterrupted enjoyment of twenty years, which is evidence of it.
Page 740 - That the time during which any person otherwise capable of resisting any claim to any of the matters before mentioned shall have been or shall be an infant, idiot, non compos mentis, feme covert, or tenant for life, or during which any action or suit shall have been pending, and which shall have been diligently prosecuted until abated by the death of any party or parties thereto, shall be excluded in the computation of the periods hereinbefore mentioned, except only in cases where the right or claim...