The History, Principles and Practice, (ancient and Modern,) of the Legal Remedy by Ejectment: And the Resulting Action for Mesne Profits; the Evidence, in General, Necessary to Sustain and Defend Them: with an Appendix, Illustrative of the Subject

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H. Butterworth, 1820 - Ejectment - 596 pages

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Page 226 - The possession of one tenant in common, eo nomine, as tenant in common, can never bar his companion ; because such possession is not adverse to the right of his companion, but in support of their common title ; and by paying him his share, he acknowledges him co-tenant.
Page 81 - ... is depending, by affidavit, or be proved upon the trial in case the defendant appears, that half a year's rent was due before the said writ was served, and that no sufficient distress was to be found on the demised premises, countervailing the arrears then due...
Page 577 - Majesties, William and Mary, King and Queen of England, Scotland, France, and Ireland, Defenders of the Faith, and by order of their said Majesties...
Page 347 - ... aforesaid ; or unless the same be altered by some other will or codicil in writing, or other writing of the devisor, signed in the presence of three or four witnesses, declaring the same ; any former law or usage to the contrary notwithstanding.
Page 416 - ... and where either of the parties, not being a widower or widow, shall be under the age of twenty-one years...
Page 350 - That if any Person shall attest the Execution of any Will to whom or to whose Wife or Husband any beneficial Devise, Legacy, Estate, Interest, Gift, or Appointment, of or affecting any Real or Personal Estate (other than and except Charges and Directions for the Payment of any Debt or Debts), shall be thereby given or made, such Devise, Legacy, Estate, Interest, Gift, or Appointment shall, so far only as concerns such Person attesting 'the Execution of such Will...
Page 435 - As to the time of the birth, the father and mother are the most proper witnesses to prove it. But it is a rule, founded in decency, morality, and policy, that they shall not be permitted to say after marriage, that they have had no connection, and therefore that the offspring is spurious ; more especially the mother, who is the offending party.
Page 406 - Nottingham, nonsuited the plaintiff, with leave to move to set aside the nonsuit, and enter a verdict for the plaintiff, if the court should be of opinion that he was entitled to recover.
Page 350 - ... gift or appointment shall, so far only as concerns such person attesting the execution of such will, or the wife or husband of such person, or any person claiming under such person or wife or husband be utterly null and void...
Page 346 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence and by his express directions, and shall be attested and subscribed in the presence of the said devisor by three or four credible witnesses, or else they shall be utterly void and of none effect.

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