Reports of Cases Heard and Decided in the House of Lords on Appeals and Writs of Error: During the Sessions 1831[-1846], Volume 1J. & W. T. Clarke, 1835 |
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action admitted advowson affirmed afterwards alleged allowed altered amend answer appears Appellant apply argument assignment authority bill bishop bond called canal cause Chief church claim common consideration considered contract count Court creditor Crown death debt debtor decided decision defendant delivered devise directed doubt effect entered entitled error evidence examinant Exchequer execution executor extent facias fact fieri facias further GILES give given grant ground GROVER hands heir held House intended interest issue John Judges judgment Justice King King's ladies lands limitations lives Lord Lordships matter ment mentioned namely nature Nicol object opinion owner party pass person plaintiff plea possession prerogative present question reason record reference remains respect Respondents rule says seized seizure sheriff ship statute suit taken term thing tion traverse trespass trust vested void writ
Popular passages
Page 33 - 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 44 - A monopoly is an institution, or allowance by the king by his grant, commission, or otherwise to any person or persons, bodies politic or corporate, of or for the sole buying, selling, making, working, or using of anything, whereby any person or persons, bodies politic or corporate, are sought to be restrained of any freedom or liberty that they had before, or hindered in their lawful trade.
Page 401 - Geo. 4, c. 45 ; and to extend the substitute for fines and recoveries to the case where money is directed to be laid out in the purchase of lands to be settled, so that any person, if the land were purchased, would have an estate tail therein.
Page 565 - The law therefore has wisely ordained, that the parson, quatenus parson, shall never die, any more than the king : by making him. and his successors a corporation. By which means all the original rights of the parsonage are preserved entire to the successor : for the present incumbent, and his predecessor who lived seven centuries ago, are in law one and the same person ; and what was given to the one was given to the other also.
Page 420 - As when lands are devised to such unborn son of a feme-covert, as shall first attain the age of twenty-one, and his heirs ; the utmost length of time that can happen before the estate can vest is the life of the mother and the subsequent infancy of her son : and this hath been decreed to be a good executory devise.
Page 287 - King's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation of whatever nature and kind soever excepted,) for certain freight and reward, payable by bills in that behalf: and, although the said goods and merchandizes were then and there had and received by the said George Betham, so being master of the said ship or vessel as aforesaid, in and on board of the said ship or vessel in the river Hooghly aforesaid, to be carried, conveyed, and delivered as aforesaid...
Page 471 - CJ, said, suppose one has a legal and an illegal warrant, and arrests by virtue of the illegal warrant, yet he may justify by virtue of the legal one, for it is not what he declares, but the authority he has.
Page 422 - ... is so limited that it must take effect, if at all, within twenty-one years after the period of a life then in being, may be good in event, if no one of the preceding limitations which would carry the whole interest happens to vest.
Page 24 - ... to the uses, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes...
Page 115 - ... by the late Sir Anthony Hart, a Judge eminently acquainted with the law and practice relating to estates in the West Indies. Their Lordships feel bound therefore, both by authority and upon principle, to apply these considerations to the construction of this Will, and, so applying them, they have come to the conclusion that, according to the true construction of this Will, it was within the power of the Defendant...