 * * * 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...  Selected Cases on the Law of Property in Land - Page 853edited by - 1904 - 1355 pagesFull view - About this book
 | Tennessee. Supreme Court, George Shall Yerger - 1836 - 640 pages
...and all the judges except one of the puisne judges, as an acknowledged and ancient rule of law, "that when the ancestor, by any gift or conveyance, takes...or in tail, that alwayS in such cases, the "heirs of the body" are words of limitation of the estate, and not words of purchase. 1 Co. R. 104. Mr. Preston... | |
 | William Blackstone - 1836 - 852 pages
...acknowledged rule of law, and, ever since, generally called the rule in Shelly'icase. This rule is, that "when the ancestor, by any gift or conveyance, takes...mediately or immediately, to his heirs in fee or in tail, always in such cases the words ' the heirs' are words of limitation of the estate, and not words of... | |
 | Sir Edward Coke, John Henry Thomas - 1836 - 796 pages
...affected by the subsequent conveyance or devise to his right heirs. For though it is a rule, that where the ancestor by any gift or conveyance takes an estate...mediately or immediately to his heirs in fee, or in tail, " the heirs," in such cases, are words of limitation of the estate, and not words of purchase ; yet... | |
 | David Hoffman - 1836 - 468 pages
...was, that if an estate of freehold be conveyed to A. and by the same gift or conveyance an estate be limited, either mediately or immediately, to his heirs in fee or in tail, in such case the inheritance and freehold coalesce in A. and the remainder is not contingent or in... | |
 | Jacob D. Wheeler - 1836 - 624 pages
...ROGERS T, ROGERS, 3 ib. 51-1. The rule in Shelly's case, ie, " where the ancestor by way W01!j"jln'e of gift or conveyance, takes an estate of freehold and in the same tlie wil! . J ' !• i • must give •gift or conveyance, an estate is limited, either mediately... | |
 | United States. Bureau of Indian Affairs - 1837 - 330 pages
...(Co. Litt., 223a.) Hence the rule in the famous case of Shelley, (1 Co. R. 9.;) which was, " that • when the ancestor, by any gift or conveyance, ' takes...the same gift or ' conveyance an estate is limited mediately, or im' mediately, to his heirs, or the heirs of his body, ' that the words ' heirs, "&c.... | |
 | Charles Watkins - 1837 - 336 pages
...the heirs shall be in BY DESCENT. As, "when the ancestor, by any gift or con- Limitation to veyance, takes an estate of freehold, and in the same gift or conveyance an estate is limited, either Vlde post' mediately or immediately, to his heirs, in fee or in tail, the words " the heirs," are WORDS... | |
 | Great Britain. Court of Exchequer, Robert Philip Tyrwhitt, Thomas Colpitts Granger - 1837 - 1230 pages
...adopted by Fearne, 7th edit. p. 29, who, after quoting the passage from Rol. Abr. says, that " whenever the ancestor, by any gift or conveyance, takes an estate of freehold, and there is afterwards in the same gift or conveyance a limitation to his right heirs or heirs in tail,... | |
 | Charles Watkins, Henry Hopley White - 1838 - 596 pages
...ancestor so taking the freehold ; and, therefore, is not contingent or in abeyance. And also, wherever the ancestor by any gift or conveyance takes an estate of freehold, and there is afterwards, in the same gift or conveyance, a limitation to his right heirs or heirs in tail,... | |
 | Henry John Stephen - 1841 - 626 pages
...(a). This rule is propounded in Lord Coke's Reports in the following form — that wherever a man, by any gift or conveyance, takes an estate of freehold,...mediately or immediately, to his heirs in fee or in tail, the word heirs is a word of limitation, and not of pnrchase(b). In other words, it is to be understood... | |
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