Reports of Cases Heard in the House of Lords: On Appeals and Writs of Error; and Decided During the Session[s] 1819[-21], Volume 4J. & W. T. Clarke, 1872 |
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Page 15
... tion subsisting in the said estates , which sum of 20,000l . so paid was the proper monies of the De- fendant Lord Clinton , the name of the Defendant Drake being made use of only as a trustee for him . The Defendant further said , that ...
... tion subsisting in the said estates , which sum of 20,000l . so paid was the proper monies of the De- fendant Lord Clinton , the name of the Defendant Drake being made use of only as a trustee for him . The Defendant further said , that ...
Page 38
... tion , as to time , in your Lordships ' view ; and im- portant on the other side , if your Lordships decide that an estate in equity may be gained by wrong . Another question is , whether a mortgagee or trustee , in collusion with a ...
... tion , as to time , in your Lordships ' view ; and im- portant on the other side , if your Lordships decide that an estate in equity may be gained by wrong . Another question is , whether a mortgagee or trustee , in collusion with a ...
Page 39
... tion under any notion , that it would or would not , eventually , turn out that it would be necessary or unnecessary to hear the counsel on the effect of the deed of 1781. I had long foreseen , that in a case where the property was so ...
... tion under any notion , that it would or would not , eventually , turn out that it would be necessary or unnecessary to hear the counsel on the effect of the deed of 1781. I had long foreseen , that in a case where the property was so ...
Page 40
... tion does it would have left the case in cir- cumstances the most unadvisable , namely , that question having been decided one way by one great Judge , and another way by another , and it , therefore , appeared to me important for the ...
... tion does it would have left the case in cir- cumstances the most unadvisable , namely , that question having been decided one way by one great Judge , and another way by another , and it , therefore , appeared to me important for the ...
Page 47
... tion will be for whom is he a trustee of that term . It appears that recoveries of the estates were suffered in 1781 , by George Earl of Orford , and the inheritance . 1821 . CHOLMONDELEY 2 . CLINTON . that on the ON APPEALS AND WRITS ...
... tion will be for whom is he a trustee of that term . It appears that recoveries of the estates were suffered in 1781 , by George Earl of Orford , and the inheritance . 1821 . CHOLMONDELEY 2 . CLINTON . that on the ON APPEALS AND WRITS ...
Common terms and phrases
adverse possession afterwards Ann Cockayne Attorney-General Blake Bletcher Creasy churchwardens and overseers Clinton family consideration considered court of equity Damer daughter death of George deceased decree Defendant devised disseisin Drake Earl George Earl Horace Earl of Orford Eldon Elizabeth entered entitled equitable estate equity of redemption executed Francis Goodwin George Earl heir at law heir of Samuel hereditaments Hopkins Horace Earl Horace Lord Orford Horatio Earl instrument intention lands late Lord Clinton legal effect legal estate Lord Chancellor Lord Cholmondeley Lord Keppel Lordships ment mentioned mistake mort mortgage mortgaged premises mortgagor opinion parish of Friskney parties Plaintiff profits thereof purpose question R. G. W. Trefusis receipt recites relief remainder rents and profits respect right heirs right or title Samuel Rolle seised settlement of 1792 Sir Lawrence Palk statute of limitations supposed tenant term of 200 tion trustee twenty vested writ
Popular passages
Page 138 - I give and bequeath to my dearly beloved wife Sarah Barry for and during the term of her natural life...
Page 50 - CS and his assigns for and during the term of his natural life : And from and after his decease, To the use and behoof of the heirs male of the body of the said CS lawfully to be begotten...
Page 7 - Orford, for life; and after his decease to the use of the heirs of the body of him the said George, Earl of Orford; and for default of such issue, to the use of such person, &c.
Page 44 - For if one has right or title to " land, and afterwards he comes to the possession " of the same land, his right or title is extinct or " suspended in the land, for during the time that " he has the land, it is not in esse, ergo, during " that time it cannot be termed a right or title.
Page 45 - I take the statute, that, if he who is out of possession bargains or sells or makes any covenant or promise to part with the land after he shall have obtained the possession of it, this shall be within the danger of the statute, whether he who so bargains, sells, or promises have a good and true right or title or not ; and in this point the statute has not altered the law...
Page 7 - Orford, by deed or will, should appoint ; and in default of appointment, " to the use of the right heirs of " the said Samuel Rolle for ever.
Page 50 - ... duly executed in the presence of, and attested by two or more credible witnesses...
Page 50 - Watkins lawfully begotten, and in default of such issue to the |use and behoof of the right heirs of William Watkins: and William Watkins thereby covenanted that he had done no act to charge or incumber the premises.
Page 133 - All the rest, residue, and remainder of my estate, both real and personal, I give, devise, and bequeath unto...
Page 139 - ... died without having entered into the possession or into the receipt of the rents and profits thereof...