Reports of Cases Determined in the Several Courts of Westminster-Hall, from 1746 to 1779, Volume 1 |
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Page 12
... tenant in tail may devest it afterwards . There- fore he is witness in propriâ causa . Pauper cannot be witness on ... tenants were not suffered to dispose of their lands , because lords would lose their marriage , ward , and relief ...
... tenant in tail may devest it afterwards . There- fore he is witness in propriâ causa . Pauper cannot be witness on ... tenants were not suffered to dispose of their lands , because lords would lose their marriage , ward , and relief ...
Page 43
... tenant of a Dean and Chapter , to inspect their books , because they were of a private right , and contained the plaintiff's evi- dence . in criminal suits no one is bound to furnish evidence 43 HILARY TERM , 22 GEO . II . K. B..
... tenant of a Dean and Chapter , to inspect their books , because they were of a private right , and contained the plaintiff's evi- dence . in criminal suits no one is bound to furnish evidence 43 HILARY TERM , 22 GEO . II . K. B..
Page 132
... tenant to the præcipe , and a reco- very against the tenant , to which the te- nant in tail comes in as vouchee , the course of descent will not be altered by the ex- press declaration of the uses to the tenant in tail and his heirs ...
... tenant to the præcipe , and a reco- very against the tenant , to which the te- nant in tail comes in as vouchee , the course of descent will not be altered by the ex- press declaration of the uses to the tenant in tail and his heirs ...
Page 134
... tenant is in pos- session , and dies without heir , the King hath not only a legal seisin , as in the like case subjects have ; but he hath an actual . seisin . Therefore if any enter , and take the profits , though no office be found ...
... tenant is in pos- session , and dies without heir , the King hath not only a legal seisin , as in the like case subjects have ; but he hath an actual . seisin . Therefore if any enter , and take the profits , though no office be found ...
Page 135
... been the A. G. only , for the Queen could not . " MS . Serj . HILL . See 16 Vin . Abr . Prærog . ( Z. ) ; Com . Dig . Id . ( D 85 ) . tract . was the right which a tenant had to 131 HILARY TERM , 32 GEO . II . CHAN .
... been the A. G. only , for the Queen could not . " MS . Serj . HILL . See 16 Vin . Abr . Prærog . ( Z. ) ; Com . Dig . Id . ( D 85 ) . tract . was the right which a tenant had to 131 HILARY TERM , 32 GEO . II . CHAN .
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Common terms and phrases
2dly act of Parliament action affidavit afterwards appears argued assigned assumpsit bill Bishop Blackfordby certiorari Chancery cited common law contract conveyance Court court leet Court of equity Crown debt declared deed defendant determined devise East election Eliz entitled equity escheat estate tail evidence execution executor feoffment fraud gavelkind give given granted heir held indictment interest issue Judges judgment jurisdiction jury justice King King's land latitat lease Lessee liable Lord Hardwicke Lord MANSFIELD mandamus ment Norton opinion parish party person plaintiff plea pleaded present printing question qui tam quo warranto Raym reason recover remedy rule S. C. 3 Burr Salk seisin Serjeant settlement ship stat statute statute of frauds Stra tenant Term testator tion trial trust verdict vested visitor void warrant wharf wife WILMOT Wils witness words writ
Popular passages
Page 504 - 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 358 - ... 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 595 - ... 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 358 - 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...