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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Results 1-5 of 76
Page 66
... vested in the Appellants . In consequence of the death of Lord Cadogan , and the lunacy of his heir at law , it became necessary to obtain an Act of Parliament for the appointment of trustees for the discharge of the trusts of the will ...
... vested in the Appellants . In consequence of the death of Lord Cadogan , and the lunacy of his heir at law , it became necessary to obtain an Act of Parliament for the appointment of trustees for the discharge of the trusts of the will ...
Page 75
... vested it in the creditor , how came it that the sheriff , having seized under the second writ , was not compelled to sell under that writ ? It cannot be said that the reason was because the pro- perty was bound and altered by the ...
... vested it in the creditor , how came it that the sheriff , having seized under the second writ , was not compelled to sell under that writ ? It cannot be said that the reason was because the pro- perty was bound and altered by the ...
Page 77
... vested in the sheriff by seizure is merely that which results from his being the appointed officer of the law , and to enable him to sell goods , and to raise the money , not that thereby the property is taken out of the debtor . The ...
... vested in the sheriff by seizure is merely that which results from his being the appointed officer of the law , and to enable him to sell goods , and to raise the money , not that thereby the property is taken out of the debtor . The ...
Page 86
... vested by the delivery of the fieri facias , " and extent afterwards for the King comes too late , and this by the Statute of Frauds and Perjuries . " This must be a mistake ; it is contrary to Lord Holt's own position in Smallcomb v ...
... vested by the delivery of the fieri facias , " and extent afterwards for the King comes too late , and this by the Statute of Frauds and Perjuries . " This must be a mistake ; it is contrary to Lord Holt's own position in Smallcomb v ...
Page 90
... vesting and altera- tion of property by seizure . Lastly , comes the case of The King v . Cotton , Parker , 112 ; that was the case of goods seized under a distress for rent ; and it was held that they were still liable to be taken ...
... vesting and altera- tion of property by seizure . Lastly , comes the case of The King v . Cotton , Parker , 112 ; that was the case of goods seized under a distress for rent ; and it was held that they were still liable to be taken ...
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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...