Law tracts. Maxims of the lawF. C. and J. Rivington, 1819 |
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Side 24
... void , and so leave it rent in fee - simple ; but the words " heirs and all " are void , and leaves that but a rent for life ; except that you will say , it is but a limitation to any my heir in fee - simple which shall be heir of my ...
... void , and so leave it rent in fee - simple ; but the words " heirs and all " are void , and leaves that but a rent for life ; except that you will say , it is but a limitation to any my heir in fee - simple which shall be heir of my ...
Side 25
... void , be- cause it is repugnant ; but if I let the three acres aforesaid , reddendo twenty shillings rent , viz . for white acre ten shillings , and for black acre ten shil- lings , I shall not distrain at all in green acre , but that ...
... void , be- cause it is repugnant ; but if I let the three acres aforesaid , reddendo twenty shillings rent , viz . for white acre ten shillings , and for black acre ten shil- lings , I shall not distrain at all in green acre , but that ...
Side 26
... void , and the feoffment absolute . 10 Ed . 4. 1. So it is a rule , that the law will not intend a wrong , which the civilians utter thus : Ea est accipienda in- terpretatio , quæ vitio caret . And therefore if the exe- cutors of I. S. ...
... void , and the feoffment absolute . 10 Ed . 4. 1. So it is a rule , that the law will not intend a wrong , which the civilians utter thus : Ea est accipienda in- terpretatio , quæ vitio caret . And therefore if the exe- cutors of I. S. ...
Side 27
... void : and so it is of all other rules of exposition of grants , when they meet in opposition with this rule , they are preferred . Now to examine this rule in pleadings as we have done in grants , you shall find that in all ...
... void : and so it is of all other rules of exposition of grants , when they meet in opposition with this rule , they are preferred . Now to examine this rule in pleadings as we have done in grants , you shall find that in all ...
Side 30
... void ; and in debt brought upon this obligation the defendant pleads the feme died before the said feast without issue of her body then living : if this plea should be taken strongliest against the defen- dant , then should it be taken ...
... void ; and in debt brought upon this obligation the defendant pleads the feme died before the said feast without issue of her body then living : if this plea should be taken strongliest against the defen- dant , then should it be taken ...
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Almindelige termer og sætninger
act of parliament alien ancient answer attainted baron and feme called cause cestuy cestuy que chancery charge clause common law confession constable conveyance court covenant crown debts declare decree deed divers Eliz escheat execution executors farther fee-simple felony feme feoffee feoffment forfeit give grant hath heir honour impoisonment infeoff inheritance judges judgment jury justice justices of peace King King's kingdom knight's service land lastly law doth law of England lease lessee likewise livery lord Chancellor lordships marchers Majesty Majesty's maketh manor matter ment misprision of treason nature oath offence Overbury oyer and terminer parliament party peace person possession profits punishment quod realm reason remainder remedy rent rule saith seised seisin sheriff shew shires stand seised statute statute of 27 suit tenant in tail tenure thereof things tion unto VIII void Wales wherein whereupon word marches writ
Populære passager
Side 136 - ... society of Gray's Inn. He thus commences his address to the students : " I have chosen to read upon the Statute of Uses, a law whereupon the inheritances of this realm are tossed at this day, like a ship upon the sea, in such sort, that it is hard to say which bark will sink, and which will get to the haven ; that is to say, what assurances will stand good, and what will not.
Side 10 - I hold every man a debtor to his profession; from the which, as men of course do seek to receive countenance and profit, so ought they of duty to endeavor themselves, by way of amends, to be a help and ornament thereunto.
Side 341 - I have now gained, I take it to be my duty, not only to speed your commandments and the business of my place, but to meditate and to excogitate of myself, wherein I may best, by my travels, derive your virtues to the good of your people, and return their thanks and increase of love to you again. And, after I had thought of many things, I could find, in my judgment, none more proper for your majesty as a master, nor for me as a workman, than the reducing and recompiling of the laws of England.
Side 419 - And for your comparison with Richard II., I see you follow the example of them that brought him upon the stage, and into print, in Queen Elizabeth's time, a most prudent and admirable queen.
Side 79 - Ambiguitas patens is never holpen by averment : and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in law ; for that were to make all deeds hollow and subject to averments, and so, in effect, that to pass without deed, which the law appointeth shall not pass but by deed.
Side 79 - there be two sorts of ambiguities of words ; the one is ambiguitas patens, and the other' latens. Patens is that which appears to be ambiguous upon the deed or instrument ; latens is that which seemeth certain and without ambiguity, for anything that appeareth upon the deed or instrument ; but there is some collateral matter out of the deed that breedeth the ambiguity.
Side 380 - ... faces : so that we have not to do, in this case, so much with particular persons, as with unsound and depraved opinions, like the dominations and spirits of the air which the Scripture speaketh of.
Side 67 - ... it be authority by his will to declare and appoint uses, and then though it were knight's service land, he might dispose the whole.
Side 513 - But to pass from the motions of my heart whereof God is only judge, to the merits of my cause whereof your Lordships are judges under God and his Lieutenant; I do understand there hath been heretofore expected from me some justification, and therefore I have chosen one only justification instead of all other, out of the justifications of Job.
Side 347 - In all sciences, they are the soundest that keep close to particulars ; and sure I am there are more doubts that rise upon our statutes, which are a text law, than upon the common law, which is no text law.