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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Common terms and phrases
2dly act of parliament action admitted affidavit amotion answer appears appointed argument assignment ATKYNS agt attorney bail bill Bishop Bishop of Ely burgesses by-law certiorari charter cited clause common law considered contended conveyance COOPER agt corporation court covenant crown Dame Ann declaration deed defendant demurrer Denison determined devise disseisin disseisor ejectment election Eliz entitled entry estate tail execution executor feoffee feoffment freehold granted heir held HORDE intention issue judgment jury justice of peace justices King agt Lancelot Hicks lease lessee lessor livery Lord Lord Mansfield mandamus matter mayor ment mentioned Misho objection opinion owner parties person plaintiff plea pleaded PONSONBY 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 408 - Court, which is the only sensible part of his whole report, (for it is plain to me, that he did not understand the former argument on the former day, which is the first part of his report of the case,) agrees...
Page 56 - 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 58 - ... &c. remainder to her first and other sons in tail male, remainder to her daughters in tail general, remainder to...
Page 66 - 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 233 - 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 334 - And he refused a rule to shew cause why the Master should not review his taxation of costs.
Page 113 - 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 540 - 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. — Goodright, lessee of Sir Richard Grosvenor, Bart.
Page 222 - 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.
Page 317 - Hicks must, by necessary implication, to effectuate the manifest general intent of the said testator, construed to take an estate in tail male, he and the heirs of his body taking the name of Robinson; NOTWITHSTANDING the EXPRESS estate devised to the said Lancelot Hicks "for his LIFE and NO LONGER.