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 - Law reports, digests, etc |
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Page 27
... 2dly . That the corporation were by this deprived of their proper number of officers ; but this is also a mistake , for the corporation might elect new ones ; for , not being sworn within seven days , they ceased to be officers ...
... 2dly . That the corporation were by this deprived of their proper number of officers ; but this is also a mistake , for the corporation might elect new ones ; for , not being sworn within seven days , they ceased to be officers ...
Page 30
... 2dly , seizure of the corporation . Answer . I have shewn before that there are other remedies ; but what mandatory writ they meant , was not mentioned , whether to command the corporation to amove , or to examine whether they had ...
... 2dly , seizure of the corporation . Answer . I have shewn before that there are other remedies ; but what mandatory writ they meant , was not mentioned , whether to command the corporation to amove , or to examine whether they had ...
Page 31
... 2dly . That it is not the proper remedy for non - user , because the office is not thereby ipso facto void without amotion , till which there can be no usurpation . And this is an answer as to the seven last defendants . Therefore the ...
... 2dly . That it is not the proper remedy for non - user , because the office is not thereby ipso facto void without amotion , till which there can be no usurpation . And this is an answer as to the seven last defendants . Therefore the ...
Page 34
... 2dly . In relation to this logwood , on the foot of the letter of 1749 . 3dly . If he is to be considered as a factor , whether he had any lien on this logwood . 4thly . If so , whether he ever departed from that lien ; and 5thly . What ...
... 2dly . In relation to this logwood , on the foot of the letter of 1749 . 3dly . If he is to be considered as a factor , whether he had any lien on this logwood . 4thly . If so , whether he ever departed from that lien ; and 5thly . What ...
Page 49
... 2dly , that it , being only a covenant , could vest no legal property , at most but an equitable one , and therefore the creditors , having an equitable interest likewise , ought to be let in : E 1754 . BELCHIER agt . PARSONS : CHANC ...
... 2dly , that it , being only a covenant , could vest no legal property , at most but an equitable one , and therefore the creditors , having an equitable interest likewise , ought to be let in : E 1754 . BELCHIER agt . PARSONS : CHANC ...
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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 pręcipe 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 constituķ posse. Feud. lib. 1, tit. 25, lib. 2, tit. 1. 2 Craig, lib. 2, tit. 2.