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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Page 157
... demesnes , and the tithes to the services . But evidence of tithes only , is not evidence of a rectory ; and therefore it has been held , that where the plaintiff could only prove that the de- fendant took the tithes belonging to the ...
... demesnes , and the tithes to the services . But evidence of tithes only , is not evidence of a rectory ; and therefore it has been held , that where the plaintiff could only prove that the de- fendant took the tithes belonging to the ...
Page 273
... demesne is a good plea in ejectment ; though leave must be obtained from the court to plead it : and the affidavit , to obtain such leave , must shew that the lands are holden of a manor which is itself ancient demesne ( b ) . And such ...
... demesne is a good plea in ejectment ; though leave must be obtained from the court to plead it : and the affidavit , to obtain such leave , must shew that the lands are holden of a manor which is itself ancient demesne ( b ) . And such ...
Page 274
... demesne ; that they were holden of the " manor of Godmanchester ; and that there was a " court of ancient demesne in the borough of God- " manchester , where the plaintiff might have pro- " ceeded . " Whether the lands were parcel of ...
... demesne ; that they were holden of the " manor of Godmanchester ; and that there was a " court of ancient demesne in the borough of God- " manchester , where the plaintiff might have pro- " ceeded . " Whether the lands were parcel of ...
Page 275
... demesne . " Whereas , if the lands only , and not the manor , are ancient demesne , the matter cannot be tried in the court of that manor . The affidavit ought to have shewn , " that the lands " are holden of a manor , which manor is ...
... demesne . " Whereas , if the lands only , and not the manor , are ancient demesne , the matter cannot be tried in the court of that manor . The affidavit ought to have shewn , " that the lands " are holden of a manor , which manor is ...
Page 323
... demesne , there was shewn a recovery to cut off an entail which had been suffered a long time , and possession gone accordingly . It appeared ( a ) 1 Vent . 257 . Y 2 ' that that part of the land was leased for life ; IN EJECTMENT . 823.
... demesne , there was shewn a recovery to cut off an entail which had been suffered a long time , and possession gone accordingly . It appeared ( a ) 1 Vent . 257 . Y 2 ' that that part of the land was leased for life ; IN EJECTMENT . 823.
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Common terms and phrases
acres action actual entry actual ouster admitted affidavit afterwards agreement appear appurtenances assigned assize attorney brought Burr casual ejector claimed commenced confess lease costs court court of equity covenant Cowp damages death declaration deed defendant delivered demise disseisin disseisor ejectment Eliz entered escheat evidence execution executors fendant feoffee feoffment forfeiture freehold give given grant half a year's hath heir held indenture John judgment jurors jury justice king king's bench Lady-day land landlord lessee lessor Lord MANSFIELD maintain an ejectment manor marriage ment mesne profits messuage Michaelmas mortgage mortgagor nonsuited notice to quit opinion parties person plaintiff plea premises proved proviso question reason recover remedy rent Richard Richard Staple rule scire facias seised seisin sheriff shew cause statute sufficient tenant in common tenant in possession tenements term thereof Thomas tiff tion tithes trial trustees verdict William Wils witness writ of error
Popular passages
Page 222 - 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 79 - ... 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 573 - 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 343 - ... 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 412 - ... and where either of the parties, not being a widower or widow, shall be under the age of twenty-one years...
Page 346 - 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 431 - 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 402 - 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 346 - ... 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 342 - 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.