Notes of Cases Argued, and Adjudged, in the Court of King's Bench: And of Some Determined in the Other High Courts [1753-1759], Volume 1W. Clarke and Sons, 1819 |
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Page vi
... ment . For the trust reposed in him by the noble owner of the MSS . from which the following pages are printed , the editor begs to express his grateful acknowledgments ; and hopes to be enabled to offer that which he is sensible will ...
... ment . For the trust reposed in him by the noble owner of the MSS . from which the following pages are printed , the editor begs to express his grateful acknowledgments ; and hopes to be enabled to offer that which he is sensible will ...
Page 2
... ment must stand ; but then the law must be very plain , and evident , before it will induce your lordship to enforce a doctrine attended with such pernicious consequences . In order to a thorough discussion of this question , 2 NOTES OF ...
... ment must stand ; but then the law must be very plain , and evident , before it will induce your lordship to enforce a doctrine attended with such pernicious consequences . In order to a thorough discussion of this question , 2 NOTES OF ...
Page 11
... ment the court doubted as to some points , to which I shall now endeavour to confine myself . The search for ancient precedents on both sides has proved fruitless : consequently cases not settled must be determined on the principles on ...
... ment the court doubted as to some points , to which I shall now endeavour to confine myself . The search for ancient precedents on both sides has proved fruitless : consequently cases not settled must be determined on the principles on ...
Page 12
... ment , can alone be forfeited by non - residence ; a free- man's absence from the borough was never thought a forfeiture of his franchise . Very true ; and the reason why it is not a forfeiture is , that residence is neither ex- pressly ...
... ment , can alone be forfeited by non - residence ; a free- man's absence from the borough was never thought a forfeiture of his franchise . Very true ; and the reason why it is not a forfeiture is , that residence is neither ex- pressly ...
Page 15
... ment must be reversed . It is true , the two non - acting burgesses , though elected , were never admitted ; yet they claim by virtue of this election . It is objected , a judg- ment of ouster cannot be against them ; and the gentle ...
... ment must be reversed . It is true , the two non - acting burgesses , though elected , were never admitted ; yet they claim by virtue of this election . It is objected , a judg- ment of ouster cannot be against them ; and the gentle ...
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Common terms and phrases
2dly act of parliament action admission admitted affidavit amotion answer appears appointed argument assignment assizes ATKYNS agt attorney bail bankrupt Bishop Bishop of Ely burgesses by-law certiorari charter cited clause common law common recovery considered contended conveyance COOPER agt corporation court covenant crown declaration deed defendant demurrer Denison determined devise disseisin disseisor ejectment election Eliz entitled entry estate tail execution executor feoffee feoffment freehold grant heir held HORDE intention issue judgment jury justice of peace justices King agt Lancelot Hicks lease lessee lessor livery Lord Lord Mansfield matter mayor ment mentioned Misho objection opinion owner parties person plaintiff plea pleaded possession præcipe question quo warranto recover recovery remainder remedy rent repleader rule seised seisin sheriff shew cause Sir Robert statute suppose TAYLOR tenant in tail term tion trustees verdict vested visitor void words writ
Popular passages
Page 420 - the court were of opinion that a construction should not be made, to make the officer a trespasser by relation : for the taking was lawful at the time.
Page 58 - Graves, for life ; remainder to his first and other sons in tail male ; remainder to the first and other sons of the testator's daughter, Anna Maria Hearle, in tail male ; remainder to his own right heirs.
Page 60 - ... &c. remainder to her first and other sons in tail male, remainder to her daughters in tail general, remainder to...
Page 70 - ... is all one in this court; they are alike considered as chattel interests, a mortgage in fee goes to the executors, (for whom the heir is only a trustee) supports no dower, and has no one property of a real estate...
Page 68 - If a man make a will devising land, and after execute a feoffment to his own use, it is a revocation of the will, notwithstanding it is in point of law the old use, and will descend ex parte paterna or materna as before. So a feoffment without livery, a bargain and sale not enrolled, or any other imperfect conveyance will be a revocation, because it imports an intention of altering the condition of the estate.
Page 231 - At last, the people having groaned for 200 years under the inconveniences of so much property being unalienable ; and the great men, to raise the pride of their families, and (in those turbulent times) to preserve their estates from forfeitures, preventing any alteration by the legislature ; — the...
Page 554 - Possession for many years, under a deed declaratory of a beneficial interest, in which a covenant to convey the legal estate is inserted, will not raise a presumption that such estate has been conveyed to the possessors, nor entitle them to bring an ejectment.
Page 114 - in all declarations against a prisoner detained in prison by virtue of any writ or process to be issued out of the Court of King's Bench, it shall be alleged in custody of what sheriff, bailiff, or steward of any franchise, such prisoner shall be at the time of such declaration, by virtue of the process of the said Court, at the suit of the plaintiffs ; which allegation shall be as good and effectual as if such prisoner were in the custody of the marshal.
Page 336 - And he refused a rule to shew cause why the Master should not review his taxation of costs.
Page 220 - Seisin is a technical term to denote the completion of that investiture, by which the tenant was admitted into the tenure ; and without which, no freehold could be constituted or pass. Sciendum est feudum, sine investitura, nullo modo constituí posse. Feud. lib. 1, tit. 25, lib. 2, tit. 1. 2 Craig, lib. 2, tit. 2.