Rule in Shelley's Case is stated by Lord Coke (1 ^Coke 93)3, 1O4b, 76 Eng. Reprint 206, 234) to be that "When the ancestor, by any gift or conveyance taketh an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately... American Law Magazine - Página 3121845Vista completa - Acerca de este libro
| 1794 - 614 páginas
...by any gift or conveyance takes an ellate of freehold, and in the fame gift and conveyance an eflate is limited either mediately or immediately to his heirs in fee or in tail, always in fuch cafes heirs are words of limitation of the ellate, and not words of purchafe." On the... | |
| Sir Edward Coke - 1794 - 552 páginas
...any gift or conveyance takes an eftate of freehold, and in the fame gift, or conveyance, an eftate is limited, either mediately or immediately, to his heirs in fee, or in tail, " the heirs," in fuel» cafes, are words of limitation of the eftate, and not words of pur. chafe ;... | |
| Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 898 páginas
...by the statute of uses ? The rule in Shelley's case (a) has always been adhered to, that where a man by any gift or conveyance takes an estate of freehold,...mediately or immediately to his heirs in fee or in tail, " the heirs" arc words of limitation of the estate, and not words of purchase. In such case the estate... | |
| Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 708 páginas
...in Shelley'* case (a), and recognized in a variety of subsequent cases, is that where the ancestor takes an estate of freehold, and in the same gift...limited, either mediately or immediately, to his heirs, either in fee or in tail; the word " heirs" is a word of limitation of the estate, and not a word of... | |
| Maryland. Court of Appeals, Thomas Harris, Reverdy Johnson - 1825 - 614 páginas
...in Shelley''* case, "that where the ancestor takes an estate of freehold by any gift or (jonveyance, and in the same gift or conveyance an estate is limited...mediately or immediately to his heirs, in fee, or in tail, the word heirs is a word of limitation of the estate, and hot a word of purchase," which as a known... | |
| Charles Barton - 1822 - 690 páginas
...and not per formam danis, takes by descent. Thus, -by the rule in Shelley's case, so often mentioned, when the ancestor, by any gift or conveyance, takes...mediately or immediately, to his heirs, in fee or in tail, the word heirs, is a word of limitation of the estate, and not a word of purchase (1). But it must... | |
| William Cruise - 1824 - 528 páginas
...during the life of the ancestor. 2. To remedy this, it appears to have been very early established, as a rule of law, that " when the ancestor, by any gift...same gift or conveyance an estate is limited, either immediately or mediately, to his heirs, in fee or in tail ; that always in such cases, the heirs are... | |
| William Hayes - 1824 - 542 páginas
...different from, subsequent wqrds would be void; the defendant's counsel answered, that it is a RULE OF LAW when the ancestor by any gift or conveyance takes...conveyance an estate is limited, either mediately or immedialeli/,1.0 hisheirs, in fee, or in tail; thata\wa.js, in such cases^ the heirs are words of limitation... | |
| 1828 - 746 páginas
...takes an estate of freehold, sod in the same gift or con. • Reported I Vdlleet.Jut¿283. vayence, an estate is limited, either mediately or immediately to his heirs in fee or in tail, in all such cases the heirs are words of li'nitaLion of the estate, and not words of purchase.” This... | |
| Robert Walsh - 1829 - 532 páginas
...words of limitation, and not of purchase. The rule in Shelly's case, (1 Coke Rep. 104,) is this: "where the ancestor, by any gift or conveyance, takes an...mediately or immediately to his heirs, in fee, or in tail, in such cases the word heirs, are always words of limitation, and not words of purchase." The remainder... | |
| |