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 xi
... may Consolidation Security for costs Common rule Bail 182 190 , 191 - 192 · 215 · - 216 218 237 Declaration 238 Demise , entry , and ouster 239 Of amending the declaration 262 Page - 273 VII . The plea and general issue.
... may Consolidation Security for costs Common rule Bail 182 190 , 191 - 192 · 215 · - 216 218 237 Declaration 238 Demise , entry , and ouster 239 Of amending the declaration 262 Page - 273 VII . The plea and general issue.
Page xii
... plea and general issue VIII . The verdict , evidence , and new trial IX . The judgment and its incidents ; and herein of the costs Against the casual ejector , where there is no appear- 277 446 ance ? 449 Where the landlord defends ...
... plea and general issue VIII . The verdict , evidence , and new trial IX . The judgment and its incidents ; and herein of the costs Against the casual ejector , where there is no appear- 277 446 ance ? 449 Where the landlord defends ...
Page 3
... plea and general issue . VIII . The verdict , and new trial . IX . The judgment , and its incidents ; and , herein , of the costs . X. The writ of error : XI . The execution . XII . The action for mesne profits . 1. The history of the ...
... plea and general issue . VIII . The verdict , and new trial . IX . The judgment , and its incidents ; and , herein , of the costs . X. The writ of error : XI . The execution . XII . The action for mesne profits . 1. The history of the ...
Page 81
... plea , has been signed against the casual ejector , and after the writ of possession has been executed . ( a ) Boe , d . Schofield v . Alexander , 2 M. & S. 525 . And And the mortgagee of a lease has the same title AND OF THE RIGHT OF ...
... plea , has been signed against the casual ejector , and after the writ of possession has been executed . ( a ) Boe , d . Schofield v . Alexander , 2 M. & S. 525 . And And the mortgagee of a lease has the same title AND OF THE RIGHT OF ...
Page 82
... plea ; and hav- ing had the premises delivered to him by the sheriff , under a writ of possession , he demised them for four- teen years to Killick , who had since expended a consi- derable sum in improving them . Under these circum ...
... plea ; and hav- ing had the premises delivered to him by the sheriff , under a writ of possession , he demised them for four- teen years to Killick , who had since expended a consi- derable sum in improving them . Under these circum ...
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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.