Select Cases and Other Authorities on the Law of Property, Volume 1C. W. Sever, 1888 - Personal property |
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Page 4
... issue . The said will was duly proved by his executrix on Sept. 7 , 1796. Alethea Maria Stafford , by her will bearing date March 12 , 1810 , and attested by two witnesses , after directing that all her just debts , funeral , and ...
... issue . The said will was duly proved by his executrix on Sept. 7 , 1796. Alethea Maria Stafford , by her will bearing date March 12 , 1810 , and attested by two witnesses , after directing that all her just debts , funeral , and ...
Page 12
... Issue thereon . The cause came on to be tried before Crowder , J. , at the last Spring Assizes for Devon . The following account of the facts which then appeared in evidence is taken from the judgment of this court . " One Facey was ...
... Issue thereon . The cause came on to be tried before Crowder , J. , at the last Spring Assizes for Devon . The following account of the facts which then appeared in evidence is taken from the judgment of this court . " One Facey was ...
Page 13
... issue . The whole proceeding of replevin , at com- mon law , is distinguished from that in trespass in this , among other things : that , while the latter is intended to procure a compensation in espass . damages for goods wrongfully ...
... issue . The whole proceeding of replevin , at com- mon law , is distinguished from that in trespass in this , among other things : that , while the latter is intended to procure a compensation in espass . damages for goods wrongfully ...
Page 15
... insisted on , why a writ of replevin may not issue in that case . " The reason of the thing is equally decisive : as a general rule it is just that a party in the 99 Def . - peaceable possession of land or goods should MENNIE v . BLAKE .
... insisted on , why a writ of replevin may not issue in that case . " The reason of the thing is equally decisive : as a general rule it is just that a party in the 99 Def . - peaceable possession of land or goods should MENNIE v . BLAKE .
Page 21
... Issue thereon . · 2. To the first count , as to preventing plaintiff from taking the fish alleged to be inclosed in his possession , and driving , & c . , the said fish : that the fish were not plaintiff's fish . and he was not ...
... Issue thereon . · 2. To the first count , as to preventing plaintiff from taking the fish alleged to be inclosed in his possession , and driving , & c . , the said fish : that the fish were not plaintiff's fish . and he was not ...
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Common terms and phrases
action of trover aforesaid afterwards amount assignment attornment authority bailee bailment belonged bill brought carrier chattel chose in action cited claim common law Common Pleas consideration contract conveyance court court of equity creditor damages debt deed defendant defendant's delivered delivery detinue doctrine entitled equity execution executors fee simple fee tail feoffee feoffment freehold freight grant ground hath heirs held hold horse innkeeper interest issue judge judgment jury Justice king King's knight-service lease lessee liable lien lord manor mare ment opinion paid party pawnee payment person plaintiff plaintiff in error pledge possession principle purchase question reason received recover refused remainder rent replevin Reported retain rule seised seisin sheriff socage sold special property statute taken tenant in tail tenements tenure term thereof thing timber tion tree trespass trover trust verdict void warranty waste wheat writ wrongful
Popular passages
Page 255 - In witness whereof, the master or purser of the said ship hath affirmed to three bills of lading, all of this tenor and date, one of which being accomplished, the other two to stand void.
Page 433 - June all declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing, signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 170 - ... shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.
Page 255 - Ship called the whereof is Master for this present Voyage and now riding at Anchor in the and bound for to say being marked and numbered as in the Margin, and are to be delivered...
Page 726 - Upon this subject it has been provided that every mortgage, or conveyance intended to operate as a mortgage, of goods and chattels, which shall not be accompanied by an immediate delivery, and followed by an actual and continued change
Page 202 - ... affinity, to expect some benefit or advantage from the continuance of the life of the assured. Otherwise the contract is a mere wager, by which the party taking the policy is directly interested in the early death of the assured. Such policies have a tendency to create a desire for the event. They are, therefore, independently of any statute on the subject, condemned, as being against public policy.
Page 428 - ... to all intents, constructions, and purposes in the law, of and in such like estates, as they had or shall have in use, trust, or confidence of or in the same...
Page 202 - But in all cases there must be a reasonable ground, founded upon the relations of the parties to each other, either pecuniary or of blood or affinity, to expect some benefit or advantage from the continuance of the life of the assured.
Page 651 - The rule to be collected from the several cases decided on this subject seems to be this, that the tenant's right to remove fixtures continues during his original term, and during such further period of possession by him, as he holds the premises under a right still to consider himself as tenant.
Page 413 - ... from thence next ensuing, and fully to be complete and ended, yielding and paying...