Reports of Cases Determined in the Several Courts of Westminster-hall, from 1746 to 1779, Volume 1

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S. Sweet, R. Pheney, 1828 - Law reports, digests, etc - 1385 pages

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Page 516 - That the party who ap'plies has been guilty of no neglect. 3. That the witness can be had at the time to which the trial is deferred.
Page 355 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 184 - If a mortgagor die without heir, — shall the mortgagee hold the land free ? I answer, Shall it escheat to the Crown ? No, because in that case the lord has a tenant to do his services ; and that is the whole he is entitled to in law and equity. What the justice might be between the mortgagee and executor I shall not trouble myself about. I think the Crown has not an equity on which to sue a subpoena.
Page 407 - In establishing a title upon a pedigree, where it may be necessary to lay a branch of the family out of the case, it is sufficient to show, that the person has not been heard of for many years, to put the opposite party upon proof that he still exists.
Page 349 - ... where the death of the deceased is the subject of the charge, and the circumstances of the death the subject of the dying declarations (2).
Page 379 - ... the subject of his will, mixes in his disposition property that belongs to another person, or property as to Which another person has a right, to defeat his disposition, giving to that person an interest by his will ; that person shall not be permitted to defeat the disposition where it is in his power, and yet take under the will; the reason is the implied condition that he shall not take both...
Page 407 - I. c. 11.) the presumption of the duration of life, with respect to persons of whom no account can be given, ends at the expiration of seven years from the time when they were last known to be living.
Page xiv - In November 1759, he published a new edition of the Great Charter, and Charter of the Forest ; which added much to his former reputation, not only as a great lawyer, but as an accurate antiquary, and an able historian.
Page 606 - ... at and for the sum of 10/. a year, at the least, for the term of one whole year ; nor unless such house or building, or...
Page 355 - The statute provides that no action shall be brought whereby to charge the defendant upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement or some memorandum or note thereof shall be in writing...

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