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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Page 24
... Lordship's favour , received the following authentic copy : My Lords , the question which your Lordships have been pleased to propose to His Majesty's Judges is this ; whether , according to the true construction of the will and ...
... Lordship's favour , received the following authentic copy : My Lords , the question which your Lordships have been pleased to propose to His Majesty's Judges is this ; whether , according to the true construction of the will and ...
Page 38
... Lordships might do as they thought fit with the petition of appeal . The Lord Chancellor : -- The course which I shall recommend to the adoption of your Lordships , is to dismiss this appeal , and to state in the order that the ...
... Lordships might do as they thought fit with the petition of appeal . The Lord Chancellor : -- The course which I shall recommend to the adoption of your Lordships , is to dismiss this appeal , and to state in the order that the ...
Page 45
... Lordships ' House , which declared that a certain number of shares must be subscribed for before any company should be per- mitted to apply for an Act of Parliament . Yet it was manifest that no shares would be subscribed for till the ...
... Lordships ' House , which declared that a certain number of shares must be subscribed for before any company should be per- mitted to apply for an Act of Parliament . Yet it was manifest that no shares would be subscribed for till the ...
Page 53
... Lordships , as they appear to have called upon the learned Judge in the Court below , to throw that examination of Mr. Nicol entirely out of the cause , and to decide as if he never had been examined , and therefore in their favour ...
... Lordships , as they appear to have called upon the learned Judge in the Court below , to throw that examination of Mr. Nicol entirely out of the cause , and to decide as if he never had been examined , and therefore in their favour ...
Page 59
... Lordships finally decided it : I have com- municated with him upon it ; he has reconsidered the case very fully , and he remains entirely of the opinion which I expressed , as far as it was necessary to be ex- pressed , on the former ...
... Lordships finally decided it : I have com- municated with him upon it ; he has reconsidered the case very fully , and he remains entirely of the opinion which I expressed , as far as it was necessary to be ex- pressed , on the former ...
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Common terms and phrases
action admitted advowson affirmed afterwards alleged amend answer appears Appellant assignment authority bill bishop bond CADELL canal chattel Chief Baron church claim codicil Common Pleas considered Court of Chancery Court of Common Court of Exchequer Court of King's creditor cross-bill Crown Daniel Birkett debtor declared decree defendant delivered effect entitled execution executor executory devise extent favour fieri facias GILES Gollon GROVER heir Henry Charles Englefield issue Judges judgment King's Bench King's debt ladies lands Llanbister Lord Chancellor Lord Chief Lord Eldon Lord Tenterden Lordships LUCAS manor matter ment MIREHOUSE Nicol NOCKELLS opinion owner parish Parker party personal estate plaintiff Plaintiff in Error pleadings possession prebend prebendary prerogative question reference RENNELL respect Respondents right of presentation rule says seized seizure sheriff ship suit taken tenant term testator testator's tion tithes traverse trespass trust Uppom vested virtue void writ of error
Popular passages
Page 31 - 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 42 - 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 399 - 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 563 - 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 418 - 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 285 - 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 469 - 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 420 - ... 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 22 - ... to the uses, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes...
Page 113 - ... 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...