Reports of Cases Determined in the Several Courts of Westminster-hall, from 1746 to 1779, Volume 2 |
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Page 697
... given to J. S. shews the intent of the testator to give him an estate for life , which the law will conjoin to the estate given to his heirs male , and con- strue him to be tenant in tail . HAYES on demise of ABRAHAM FOORDE v . NICHOLAS ...
... given to J. S. shews the intent of the testator to give him an estate for life , which the law will conjoin to the estate given to his heirs male , and con- strue him to be tenant in tail . HAYES on demise of ABRAHAM FOORDE v . NICHOLAS ...
Page 701
... given to his heirs males , will , by the known rule of law , give him an estate in tail male ( 7 ) . That the restrictions afterwards imposed by the testator are inconsistent with the estate so given , and therefore void ; and that ...
... given to his heirs males , will , by the known rule of law , give him an estate in tail male ( 7 ) . That the restrictions afterwards imposed by the testator are inconsistent with the estate so given , and therefore void ; and that ...
Page 721
... given for breeding cattle of all [ * 722 ] sorts , and for breeding horses . * That when 14 Geo . 2 , c . 6 , made it felony sans clergy to steal sheep or other cattle , it was found necessary to specify , by 15 Geo . 2 , c . 34 , what ...
... given for breeding cattle of all [ * 722 ] sorts , and for breeding horses . * That when 14 Geo . 2 , c . 6 , made it felony sans clergy to steal sheep or other cattle , it was found necessary to specify , by 15 Geo . 2 , c . 34 , what ...
Page 725
... given to the defendant , his attorney or agent ; and no declaration shall be consi- dered as filed until such notice shall be given ; Reg . Gen. E. 49 G. 3 , 1 Taunt . 616. See post , 1243 . Where there are two or more mortgages , the ...
... given to the defendant , his attorney or agent ; and no declaration shall be consi- dered as filed until such notice shall be given ; Reg . Gen. E. 49 G. 3 , 1 Taunt . 616. See post , 1243 . Where there are two or more mortgages , the ...
Page 735
... given to both the persons , from whose bodies the heirs are to issue . But when it is given to one only and the heirs of two ( as to the wife and the heirs of her and A. B. ) there the word " heirs " is a word of purchase . For no ...
... given to both the persons , from whose bodies the heirs are to issue . But when it is given to one only and the heirs of two ( as to the wife and the heirs of her and A. B. ) there the word " heirs " is a word of purchase . For no ...
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Common terms and phrases
advowson affidavit afterwards annuity appear arrest assignment assumpsit attorney bail bankrupt Barnes bill BLACKSTONE bond brought Burland Burr cited commissioners common common law copyhold costs count Court covenant damages Davy debt declaration defendant defendant's demise demurrer devise East ejectment Eliz evidence execution executor feme covert fendant fieri facias Glyn GOULD granted GREY Grose habeas corpus held Hilary Term husband issue Judges judgment jury Justice King's Bench lands lease lessor liable Lord Lord Ellenborough Lord MANSFIELD ment NARES non est factum nonsuit officer opinion paid party payment person plaintiff plea pleaded premisses present question qui tam Raym recover remainder S. C. 3 Wils Salk Saund sect sheriff shew cause shewed for cause statute Stra sued Taunt tenant Term testator Tidd's Pr tion trespass trial verdict Walker warrant wife words writ of right
Popular passages
Page 1131 - the party plaintiff, his heirs, executors or administrators, as the case shall require, may commence a new action or suit from time to time, within a year after such judgment reversed or such judg,ment given against the plaintiff', or outlawry reversed, and not after.
Page 1004 - he takes from the creditors a part of that fund, which is the proper security to them for the payment of their debts. That was the foundation of the decision in Grace v. Smith, and I think it stands upon the fair ground of reason;
Page 1078 - think the verdict wrong in point of law. Upon a contract for a purchase, if the title proves bad, and the vendor is (without fraud) incapable of making a good one, I do not think that the purchaser can be entitled to any damages for the fancied goodness of the bargain, which he supposes he has
Page 1075 - because both plaintiff and defendant are equally criminal. But where contracts or transactions are prohibited by positive statutes, for the sake of protecting one set of men from another set of men; the one from their situation and condition being liable to be oppressed or imposed upon by the other; there the parties are not in pari
Page 828 - the rule has always been, that if a man has actually paid what the law would not have compelled him to pay, but what in equity and conscience he ought, he cannot recover it back again in an action for money had and received.
Page 1283 - and from the islands, ports, havens, cities, creeks, towns, and places of Asia, Africa, and America, or any of them beyond the Cape of Bona Esperanza to the Streights of Magellan, where any trade or traffick of merchandize
Page 1253 - matters in writing made by advice and upon consideration, and which finally import the certain truth of the agreement of the parties, should be controlled by averment of the parties to be proved by the uncertain testimony of slippery memory ; and it
Page 832 - the principal consideration is, whether it be precisely the same cause of action in both, appearing by proper averments in a plea; or by proper facts stated in a special verdict, or a special case. One great criterion of this identity is, that the same evidence will maintain both the actions
Page 775 - A., for life; remainder to trustees to preserve contingent remainders; remainder to the children of A. and B. and their heirs for ever, to be divided
Page 828 - But the proposition is not universal, that whenever a man pays money which he is not bound to pay, he may by this action recover it back. Money due in point of honour or conscience, though a man is not compellable to pay it, yet *if paid, shall not be recovered back: as a bond