Reports of Cases Argued and Determined in the Court of King's Bench: In Michaelmas, Hilary and Easter Terms in the ... Year[s] of William IV, Volume 2S. Sweet, 1834 - Law reports, digests, etc |
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Results 1-5 of 75
Page 15
... reference to the state of facts at that time . But it is said that the Court cannot refer to the settlement without going out of the will . The Court cannot construe the will of Col. Fazakerley without refer- ring to the will of Wm ...
... reference to the state of facts at that time . But it is said that the Court cannot refer to the settlement without going out of the will . The Court cannot construe the will of Col. Fazakerley without refer- ring to the will of Wm ...
Page 19
... reference to the existing state of facts . Supposing the reference to the will of Wm . Gilli- brand had been left out altogether , and the testator had said that the Fazakerley estate should shift if the other estate descended or ...
... reference to the existing state of facts . Supposing the reference to the will of Wm . Gilli- brand had been left out altogether , and the testator had said that the Fazakerley estate should shift if the other estate descended or ...
Page 20
... reference to the mode in which the estates are to descend . [ Denman , C.J. The argument on the other side is , not that you must presume ignorance of the settlement , but they undertake to prove ignorance of the settlement from the ...
... reference to the mode in which the estates are to descend . [ Denman , C.J. The argument on the other side is , not that you must presume ignorance of the settlement , but they undertake to prove ignorance of the settlement from the ...
Page 23
... reference to the will of Gillibrand . This is a singular perversion of the facts of the case . If the word " devolution " did not apply to the will , it would be equally inapplicable to the settlement . The will devises the estate as an ...
... reference to the will of Gillibrand . This is a singular perversion of the facts of the case . If the word " devolution " did not apply to the will , it would be equally inapplicable to the settlement . The will devises the estate as an ...
Page 26
... reference whatever to the settlement . The operation of the will was alone in the contemplation of Colonel Fazakerley , and it is conceded that if that be so , there is an end of the case . Thus with reference to the possession of the ...
... reference whatever to the settlement . The operation of the will was alone in the contemplation of Colonel Fazakerley , and it is conceded that if that be so , there is an end of the case . Thus with reference to the possession of the ...
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Common terms and phrases
act of parliament action admitted aforesaid amount annuity appears arrest assigns ASSUMPSIT attorney award bankrupt bankruptcy Barn bill bill of lading bond clause Collard commissioners contrą copyhold costs Court Court of Equity covenant creditors debt declaration deed defendant delivered demise DENMAN devise discharged ejectment emblements entitled equity evidence execution executors Fazakerley fendant feoffment gaol Gillibrand grant ground Hardman & Co heirs held house of correction Hungerford Market Inhabitants intention issue John Pritchard judgment jury justices KING Lade Bank land lease lessor liable Littledale Lord Lord Tenterden manor ment messuages nonsuit opinion paid parish Parke party Patteson pauper payment person plaintiff plea possession premises prisoners quashed question recover refused rent rule nisi seisin sessions settlement sheriff shewed cause statute surrender surrenderor Taunton tenant term testator tion trial trustees verdict words writ Yates
Popular passages
Page 34 - ... or any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, 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...
Page 757 - For water is a movable, wandering thing, and must of necessity continue common by the law of nature; so that I can only have a temporary, transient, usufructuary, property therein...
Page 272 - ... shall be entitled to prove his demand in respect of such payment as a debt under the commission, not disturbing the former dividends, and may receive dividends with the other creditors although he may have become surety, liable or bail as aforesaid, after an act of bankruptcy by such bankrupt committed...
Page 33 - CJ, (who, after stating the facts of the case, thus continued.)—By the general rules of the common law, if there be a contract which has been reduced into writing, verbal evidence is not allowed to be given of what passed between the parties, either before the written instrument was made, or during the time that it was in a state of preparation, so as to add to or subtract from, or in any manner to vary or qualify the written contract...
Page 634 - Prohibitions by law are to be granted at any time to restrain a court to intermeddle with, or execute any thing, which by law they ought not to hold plea of, and they are much mistaken that maintain the contrary.
Page 632 - All crimes not capital, and all disorders and neglects, which officers and soldiers may be guilty of, to the prejudice of good order and military discipline, though not mentioned in the foregoing articles of war, are to be taken cognizance of by a general, or a regimental, garrison, or field officers' court-martial, according to the nature and degree of the offense, and punished at the discretion of such court.
Page 157 - Part of any of them respectively ; and all Persons not coming within the Class or Description of Prisoners who may lawfully be committed to or detained in such Prison as shall be appointed by the Justices for the Confinement of One or more Class or Classes of Prisoners, may be removed to the Gaol or House of Correction of the County, Riding or Division...
Page 557 - ... beginning the adventure upon the said goods and merchandizes, from the loading thereof aboard the said ship, at upon the said ship, &c. and so shall continue and endure, during her abode there, upon the said ship, &c. And further, until the said ship, with all her ordnance, tackle, apparel, &c. and goods and merchandizes whatsoever, shall be arrived at upon the said ship, &c.
Page 546 - The jury found a verdict for the plaintiff, with 50£ damages. In Michaelmas Term, Whitehurst obtained a rule to shew cause why the verdict should not be set aside, and a nonsuit entered, or a new trial had.
Page 626 - This doctrine of general and particular intent ought to be carried no further than this ; and thus explained, it should be applied to this and all other wills. Another undoubted rule of construction is, that every part of that which the testator meant by the words he has used, should be carried into effect as far as the law will permit, but no further; and that no part should be rejected, except what the law makes it necessary to reject.