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 xii
... premises are not inhabited , to recover the possession 509 No. II . Proceedings in an action of ejectment , viz . the original writ Declaration by original 510 id . Notice thereto Declaration by bill Declaration by original , on xii ...
... premises are not inhabited , to recover the possession 509 No. II . Proceedings in an action of ejectment , viz . the original writ Declaration by original 510 id . Notice thereto Declaration by bill Declaration by original , on xii ...
Page 21
... premises in tail general , subject to a term of ninety - nine years , outstanding in A. Culver , in trust for securing four several life - annuities to Sarah Dixie , Joseph Core , Mary Curwen , and Mary Day ; which term was determinable ...
... premises in tail general , subject to a term of ninety - nine years , outstanding in A. Culver , in trust for securing four several life - annuities to Sarah Dixie , Joseph Core , Mary Curwen , and Mary Day ; which term was determinable ...
Page 22
... premises under an agreement and will of his wife , subject to the an- nuity to Sarah Dixie . On the 7th of October , 1777 , James Hibbins died , having devised the premises to James Lloyd . After his death Lloyd entered , claiming title ...
... premises under an agreement and will of his wife , subject to the an- nuity to Sarah Dixie . On the 7th of October , 1777 , James Hibbins died , having devised the premises to James Lloyd . After his death Lloyd entered , claiming title ...
Page 30
... premises in question ; to hold for twenty - one years , at the rent of £ 290 per ann . pay- able half - yearly " to the lessors : " the lease to contain the usual covenants , and certain special ones , in one of which the words " this ...
... premises in question ; to hold for twenty - one years , at the rent of £ 290 per ann . pay- able half - yearly " to the lessors : " the lease to contain the usual covenants , and certain special ones , in one of which the words " this ...
Page 35
... premises , which were copyhold ] for her life ; and that Tidd had agreed with Clare , that in case he should be seised of the pre- mises on the death of Mary Statham , he would imme- diately , on her death , demise and let them to Clare ...
... premises , which were copyhold ] for her life ; and that Tidd had agreed with Clare , that in case he should be seised of the pre- mises on the death of Mary Statham , he would imme- diately , on her death , demise and let them to Clare ...
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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.