Select Cases and Other Authorities on the Law of Property, Volume 1 |
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For in one and the same tenement one may have the freehold , and another the
usufruct [ usumfructum et usum et habitationem ] . Some are accustomed when
they have been ejected during their term to seek their remedy by a writ of
covenant ...
For in one and the same tenement one may have the freehold , and another the
usufruct [ usumfructum et usum et habitationem ] . Some are accustomed when
they have been ejected during their term to seek their remedy by a writ of
covenant ...
Page
And if such a writ is available against a stranger on account of a sale , much more
is it available against the lord himself who has demised and ejected without
cause , than against a stranger who had some kind of reason , it because of the
sale ...
And if such a writ is available against a stranger on account of a sale , much more
is it available against the lord himself who has demised and ejected without
cause , than against a stranger who had some kind of reason , it because of the
sale ...
Page 5
48 : “ Release of all actions personal is a good bar in a writ of annuity ,
notwithstanding he claim to him and his heirs ; and a release of actions real is
also good , because it is mixt . ” And in Holdernesse v . Carmarthen , 1 Bro . Ch .
Ca . 376 , an ...
48 : “ Release of all actions personal is a good bar in a writ of annuity ,
notwithstanding he claim to him and his heirs ; and a release of actions real is
also good , because it is mixt . ” And in Holdernesse v . Carmarthen , 1 Bro . Ch .
Ca . 376 , an ...
Page 12
... which ought not to be ; but he ought to distrain for the thing itself , and if he
cannot have it , then for the twenty pounds ; and although the writ of distringas
was well made , and in that manner as it was shown to the court , yet forasmuch
as the ...
... which ought not to be ; but he ought to distrain for the thing itself , and if he
cannot have it , then for the twenty pounds ; and although the writ of distringas
was well made , and in that manner as it was shown to the court , yet forasmuch
as the ...
Page 14
... beasts , replevin lies of this taking at election ; the authority for this is Yearb .
Mich . 7 H . IV . fol . 28 B , where , the counsel or another judge alleging the
contrary , Gascoigne , C . J . of K . B . , says : “ He may elect to have replevin or
writ ...
... beasts , replevin lies of this taking at election ; the authority for this is Yearb .
Mich . 7 H . IV . fol . 28 B , where , the counsel or another judge alleging the
contrary , Gascoigne , C . J . of K . B . , says : “ He may elect to have replevin or
writ ...
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Common terms and phrases
action afterwards agreed amount appears applied assignment attached authority belonged bill brought called carried cause charge chattel cited claim common common law consideration considered contract conversion court damages debt decided decision defendant delivered delivery demand deposited doctrine effect entered entitled evidence execution fact give given grain ground hands heirs held hold horse interest issue judge judgment jury Justice keep king land liable lien lord lost maintain nature opinion original owner paid party pass payment person plaintiff plea pledge possession present principle proved purchaser question reason receipts received recover refused remains Reported respect rule sell ship sold statute taken tenant term thing took tort transfer trespass trial trover true verdict whole wood writ wrong
Popular passages
Page 256 - 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 435 - 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 172 - ... 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 256 - 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 728 - 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 204 - ... 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 430 - ... 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 204 - 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 653 - 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...
Bibliographic information
| Title | Select Cases and Other Authorities on the Law of Property, Volume 1 Issues 10206-10259 of 19th-century legal treatises Select Cases and Other Authorities on the Law of Property, John Chipman Gray |
| Author | John Chipman Gray |
| Publisher | C. W. Sever, 1888 |
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