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 20
... entry into my house : as much a taking possession of this incorporeal freehold , ( undoubtedly a much more solemn way of doing it ) as receiving seisin is of a corporeal freehold and what can be a stronger proof of a man's taking upon ...
... entry into my house : as much a taking possession of this incorporeal freehold , ( undoubtedly a much more solemn way of doing it ) as receiving seisin is of a corporeal freehold and what can be a stronger proof of a man's taking upon ...
Page 111
... entry , to make the estate of his grantee perfect . That attainder corrupts the blood , so there can be no descent from the person attainted ; that this is the same in respect of copyholds , as of freeholds . That the person guilty of ...
... entry , to make the estate of his grantee perfect . That attainder corrupts the blood , so there can be no descent from the person attainted ; that this is the same in respect of copyholds , as of freeholds . That the person guilty of ...
Page 113
... entry . Heir at law of a copyhold tenant is in complete possession , to all pur- poses , before admission , though the lord may compel him to be admitted for the sake of the fine : but ' tis otherwise in the case of a surrenderee , who ...
... entry . Heir at law of a copyhold tenant is in complete possession , to all pur- poses , before admission , though the lord may compel him to be admitted for the sake of the fine : but ' tis otherwise in the case of a surrenderee , who ...
Page 123
... entry , and it was overruled . Mr. H. Campbell . — This court takes judicial notice of many things in respect of the city of London , which it does not in the case of other corporations . The court chose to considèr of it , and , four ...
... entry , and it was overruled . Mr. H. Campbell . — This court takes judicial notice of many things in respect of the city of London , which it does not in the case of other corporations . The court chose to considèr of it , and , four ...
Page 143
... entry under several indentures , on the marriage of his son , Sir Robert , such a judg- ment could the younger , with Louisa Carteret , first a deed of co- not possibly venants ( which for distinction sake is called the lesser be a ...
... entry under several indentures , on the marriage of his son , Sir Robert , such a judg- ment could the younger , with Louisa Carteret , first a deed of co- not possibly venants ( which for distinction sake is called the lesser be a ...
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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 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 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 constituí posse. Feud. lib. 1, tit. 25, lib. 2, tit. 1. 2 Craig, lib. 2, tit. 2.