Reports of Cases Argued and Determined in the Court of King's Bench: And Upon Writs of Error from that Court to the Exchequer Chamber, in Michaelmas Term, 1836, [to Trinity Term, 1838], Volume 2S. Sweet, 1839 - Law reports, digests, etc |
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Page 124
... tenant was in possession under a lease , and a sequestration out of Chancery was afterwards sued out against his landlord ; the tenant signed an instrument , by which he agreed to attorn and become tenant to two of the sequestrators ...
... tenant was in possession under a lease , and a sequestration out of Chancery was afterwards sued out against his landlord ; the tenant signed an instrument , by which he agreed to attorn and become tenant to two of the sequestrators ...
Page 125
... tenant is in possession before the title of the party claiming as landlord accrues , he may dis- pute his landlord's title . There was no doubt here where the legal title was , for the mortgage was in 1816 , and the con- veyance under ...
... tenant is in possession before the title of the party claiming as landlord accrues , he may dis- pute his landlord's title . There was no doubt here where the legal title was , for the mortgage was in 1816 , and the con- veyance under ...
Page 155
... tenants , was suffi- cient , but that proceeded on the ground of a notice by one joint - tenant putting an end to the tenancy as to the whole , joint - tenants being seised per my et per tout , and Right v . Cuthell ( c ) was ...
... tenants , was suffi- cient , but that proceeded on the ground of a notice by one joint - tenant putting an end to the tenancy as to the whole , joint - tenants being seised per my et per tout , and Right v . Cuthell ( c ) was ...
Page 156
... tenants , who lived on the premises , has been held to be evidence of the notice having reached the other who did not ; Doe v . Watkins ( c ) , Doe v . Crick ( d ) ; but they are perhaps distin- guishable . So of a bill of exchange in ...
... tenants , who lived on the premises , has been held to be evidence of the notice having reached the other who did not ; Doe v . Watkins ( c ) , Doe v . Crick ( d ) ; but they are perhaps distin- guishable . So of a bill of exchange in ...
Page 167
... tenant in possession . This is fully proved by Holloway v . Rakes ( a ) . In that case the lessor of the plaintiff claimed as devisee under a will , under which there had been no pos- session , and therefore seisin in the devisor was ...
... tenant in possession . This is fully proved by Holloway v . Rakes ( a ) . In that case the lessor of the plaintiff claimed as devisee under a will , under which there had been no pos- session , and therefore seisin in the devisor was ...
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Common terms and phrases
action admissible admitted affidavit aforesaid alleged appears assignment assumpsit attorney authority aver bill of lading Cawston Church Knowle churchwardens commissioners Company contended contrà contract copyhold corporation costs count Court declaration defendant defendant's delivered devise discharged enacts entitled evidence executor fact given ground hackney carriage handwriting heir held Hilary term Horbury indorsed issue John Marsden judge judgment jury Justices King land lessor letters levant and couchant Littledale Lord Denman C. J. Lord Tenterden Lyme Regis Marsden ment Misterton notice objection opinion overseers paid parish party Patteson pauper payment person plaintiff plaintiff in error plea pleaded possession present promise proved Quarter Sessions question received rent revocation rule nisi sheriff shewed cause statute Statute of Frauds Streather SUCKERMORE TATHAM tenant tendered term testator tion township trespass trial trustees verdict void Williams witness writ writing
Popular passages
Page 71 - On the other hand, the general rule, supported by the best elementary writers, is, that "when an act of the legislature is repealed, it must be considered, except as to transactions past and closed, as if it never existed.
Page 176 - 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 in the like good order and well conditioned...
Page 636 - ... more than two calendar months before the issuing of such commission, shall be valid, notwithstanding any prior act of bankruptcy by him committed; provided the person or persons so dealing with such bankrupt, or at whose suit or on whose account such execution or attachment shall have issued, had not at the time of such conveyance, contract, dealing, or transaction, or at the time of executing or levying such execution or attachment, notice of any prior act of bankruptcy by him committed...
Page 66 - Waterton, for the delivery, duty free, of some birds, quadrupeds, reptiles, and insects, collected by him in Guiana, and recently imported from Demerara, I have it in command to acquaint you that my Lords have informed Mr. Waterton that, if he will...
Page 178 - The question for the opinion of the Court is, whether, under the above circumstances, the plaintiff is entitled to recover.
Page 570 - ... in damages to be assessed by a jury. But where, besides the crime, property is acquired which benefits the testator, there an action for the value of the property shall survive against the executor. As, for instance, the executor shall not be chargeable for the injury done by his testator in cutting down another man's trees, but for the benefit arising to his testator for the value or sale of the trees he shall.
Page 695 - The application to a judge, in the course of a cause, to direct a verdict for one or more of several defendants in trespass is strictly to his discretion ; and that discretion is to be regulated, not merely by the fact that at the close of the plaintiff's case no evidence appears to affect them, but by the probabilities whether any such will arise before the whole evidence in the cause closes.
Page 365 - ... and empowered to execute all such of the duties of the office of overseer of the poor as shall in the warrant for his appointment be expressed, in like manner and as fully, to all intents and purposes, as the same may be executed by any ordinary overseer of the poor...
Page 79 - ... any bill of exchange or promissory note be affected by reason of any statute or law in force for the prevention of usury...
Page 268 - That no action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealings of any other person, to the intent or purpose that such other person may obtain credit, money, or goods upon, unless such representation or assurance be made in writing, signed by the party to be charged therewith.