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" It is a rule in law, when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail; that always in such cases, 'the heirs'... "
A Dictionary of Science, Literature, & Art: Comprising the Definitions and ... - Page 427
edited by - 1867
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The Reading Upon the Statute of Uses of Francis Bacon: Afterwards Baron of ...

Francis Bacon - 1806 - 308 pages
...the rule in Shelley's case, and which was in that case thus defined — ' When the '• ancestor by any gift or conveyance takes an estate of '• freehold,...the same gift or conveyance an estate ' is limited either mediately or immediately to his heirs * in fee or in tail ; that always in such cases (the heirs)...
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Commentaries on the Laws of England: In Four Books, Volume 2

William Blackstone - 1807 - 698 pages
...observe, that the much-talkcd-of rule in Shelly's case, 1 Co. 104. is this, viz. " when the ancestor, by any gift " or conveyance, takes an estate of freehold,...the same gift or " conveyance an estate is limited, either mediately or immediately, " to his heirs in fee or in tail, that always in such cases the helrt...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 11

Virginia. Supreme Court of Appeals, William Waller Hening, William Munford - 1808 - 662 pages
...in his notes on 2d Book of B. Com. pa. 20, lays down the rule in these words, " When the ancestor by any gift or conveyance takes " an estate of freehold, and in the same gift or convey" ance an estate is limited mediately or immediately to " his heirs in fee or in tail, always...
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Reports of Cases Argued and Determined in the Court of ..., Part 115, Volume 2

Great Britain. Court of King's Bench - 1813 - 502 pages
...first and subsequent limitations are in the same instrument. The words are : " When the ancestor, by any gift or conveyance, " takes an estate of freehold, and, in the same gif't or con" veyance, an estate is limited, either mediately or ira" mediately, to his heirs in fee, or in...
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Reports of Cases Argued and Determined in the Court of King's ..., Volumes 1-2

Great Britain. Court of King's Bench, Sylvester Douglas Baron Glenbervie - 1813 - 1010 pages
...6rst and subsequent limitations are in the same instrument. The words are : " When the ancestor, by any gift or conveyance, " takes an estate of freehold, and, in the same gift or con" veyance, an estate is limited, either mediately or im" mediately, to his heirs in fee, or in tail,...
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Term Reports in the Court of King's Bench, Volume 2

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 898 pages
...the statute of uses ? The rule in Shelley's case (a) has always been adhered to, that where a man by any gift or conveyance takes an estate of freehold,...in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail, " the heirs" arc words of limitation...
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Term Reports in the Court of King's Bench, Volume 8

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 708 pages
...in Shelley'* case (a), and recognized in a variety of subsequent cases, is that where the ancestor takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs, either in fee or in tail; the word " heirs" is a word...
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A Digest of the Laws of England Respecting Real Property, Volume 4

William Cruise - 1818 - 596 pages
...this, it appears to have been very early established, as a rule of law, that " when the ancestor by any gift or conveyance takes an estate of freehold,...the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs in fee, or in tail ; that always in such cases (the heirs)...
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A Systematic Arrangement of Lord Coke's First Institute of the Laws of ...

Sir Edward Coke, Sir Thomas Littleton, John Henry Thomas - 1818 - 752 pages
...inconveniences, was the origin of (he rule of law, laid down in Shelley's case, viz. that " when the ancestor, by any gift or conveyance, takes an estate of freehold,...the same, gift or conveyance an estate is limited, either mediately or immediately, to his heirs, in fee or in tail, that always, in such cases, ' the...
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Elements of Conveyancing: With Cursory Remarks Upon the Study of ..., Volume 5

Charles Barton - 1822 - 690 pages
...danis, takes by descent. Thus, -by the rule in Shelley's case, so often mentioned, when the ancestor, by any gift or conveyance, takes an estate of freehold,...the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs, in fee or in tail, the word heirs, is a word of limitation...
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