Reports of Cases Argued and Determined in the Court of Queen's Bench: And Upon Writs of Error from that Court to the Exchequer Chamber, in Michaelmas and Hilary Terms, in the Second Year of Victoria [1838-Hilary Term, 1841], Page 40, Volume 4S. Sweet, 1842 |
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Page 3
... brought to recover damages for a breach of cove- nant for quiet enjoyment , contained in a settlement made by Thomas Waters , in 1796 , on Elizabeth , his second wife , by which he had settled certain estates , pur autre vie , on ...
... brought to recover damages for a breach of cove- nant for quiet enjoyment , contained in a settlement made by Thomas Waters , in 1796 , on Elizabeth , his second wife , by which he had settled certain estates , pur autre vie , on ...
Page 4
... brought . It was contended for the defendants that , if this evidence was relied upon to shew that the defendants en- tered the premises with lawful title , the deed of gift should be produced , and that at all events , the declarations ...
... brought . It was contended for the defendants that , if this evidence was relied upon to shew that the defendants en- tered the premises with lawful title , the deed of gift should be produced , and that at all events , the declarations ...
Page 12
... brought in trespass . Although Lord Ellenborough threw out a doubt upon the point in Winterbourne v . Morgan ( b ) , the rest of the Court differed from him , and Etherton v . Popplewell ( c ) , Holland v . Bird ( d ) , Vertue v ...
... brought in trespass . Although Lord Ellenborough threw out a doubt upon the point in Winterbourne v . Morgan ( b ) , the rest of the Court differed from him , and Etherton v . Popplewell ( c ) , Holland v . Bird ( d ) , Vertue v ...
Page 14
... brought not only for the trespasses attempted to be justified , but also for detaining the goods after a tender had been made . The question then is , when was the ten- der made , for if it was after the goods had been impounded the ...
... brought not only for the trespasses attempted to be justified , but also for detaining the goods after a tender had been made . The question then is , when was the ten- der made , for if it was after the goods had been impounded the ...
Page 19
... brought . " Wightman in reply . In Selby v . Bardons ( d ) , where the avowry was that the goods were taken to satisfy a poor- rate , no interest was claimed anterior to the trespass . But here the plea does assert a claim to the ...
... brought . " Wightman in reply . In Selby v . Bardons ( d ) , where the avowry was that the goods were taken to satisfy a poor- rate , no interest was claimed anterior to the trespass . But here the plea does assert a claim to the ...
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Common terms and phrases
act of parliament action admitted affidavits aforesaid alleged appear apply appointed assignment assumpsit authority bishop borough BURDER church rate churchwardens cited Coleridge common law Company contended contrà Court debt declaration deed defendant defendant's demise demurrer deponent discharged duly Dunn ecclesiastical ecclesiastical court election entered entitled evidence execution Exminster fact fendant given ground heirs held indenture Insolvent issue judge jurisdiction jury justices land lease lessor Littledale Lord Denman C. J. magistrates mandamus manor matter ment necessary nisi nonsuit notice objection occupiers opinion overseers paid parish parishioners party Patteson payment person plaintiff plea pleaded premises present proceedings profits purpose quarter sessions QUEEN question rack rent rateable refused rent replication respect rule seised shewed cause statute sufficient taken tenant term testator thereof tion tithes trespass trial VELEY verdict vestry vult warrant Williams writ
Popular passages
Page 16 - Saund. 228, n. (1), it is said, that, " where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer ; yet, if the issue joined be such as necessarily required on the trial proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or...
Page 218 - Chancellor in matters of lunacy, whereby any sum of money, or any costs, charges, or expenses shall be payable to any person, shall have the effect of judgments in the superior Courts of common law...
Page 80 - It is a rule of law, that 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 are words of limitation of the estate, and not words of purchase.
Page 450 - Cur. adv. vult. Lord DENMAN CJ now delivered the judgment of the Court. — In this case, which was...
Page 778 - ... the rent at which the same might reasonably be expected to let from year to year, free of all usual tenants' rates and taxes, and tithe commutation rent-charge, if any, and deducting therefrom the probable average annual cost of the repairs, insurance and other expenses, if any, necessary to maintain them in a state to command such rent...
Page 494 - ... where it so happens that the fabric of the church stands in need of repair, the only question upon which the parishioners, when convened together to make a rate, can by law deliberate and determine, is, not whether they will repair the church or not, (for upon that point they are concluded by the law,) but how and in what manner the common law obligation so binding them may be best and most effectually, and at the same time most conveniently and fairly between themselves, performed and carried...
Page 676 - ... ordinary care must mean that degree of care which may reasonably be expected from a person in the plaintiff's situation : and this would evidently be very small indeed in so young a child.
Page 663 - ... my monsters, both wet and dry; making the said Charles whole and sole executor of this my last will and testament; he paying, or causing to be paid, the aforesaid legacies within the space of six months after my decease. And I do hereby revoke all other wills whatsoever by me formerly made.
Page 205 - Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Page 231 - ... of parliament, shall be commenced and sued within the time and limitation herein-after expressed, and not after; that is to say, the said actions of debt for rent upon an indenture of demise, or covenant or debt upon any bond or other specialty...