Reports of Cases Argued and Determined in the English Courts of Common Law: With Tables of the Cases and Principal Matters, Volumen60T. & J.W. Johnson, 1869 |
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affidavit aforesaid agreement alleged allocatur amount appears appointed assignment assumpsit attorney authority award Bewdley bill borough burgesses cargo cause of action charge charterparty city of London claim clause COLTMAN common carriers contract copyhold costs count court covenant CRESSWELL damages debts declaration deed defendant defendant's delivered demise demurrer devise discharged duly effect endorsed entered entitled evidence execution executors freehold freight give grant heirs held issue judgment jury land learned judge lease liable Lord MAULE ment mentioned messuage Moorgate Street nonsuit notice objection obtained Ogilby opinion overseers paid parliament party payable payment person plaintiff plea pleaded premises promissory note purpose question received recover reference rent replication respect rule Samuel Holland says Serjt shareholder sheriff ship show cause solicitor statute statute of Anne term testator testator's therein thereof tion trial trustees twenty-one verdict Vict WILDE William West writ
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Página 223 - That every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Página 667 - It may be laid down for a rule, that, whatever words are sufficient to explain the intent of the parties, that the one shall divest himself of the possession, and the other come into it, for such a determinate time, such words, whether they run in the form of a license,, covenant, or agreement, are of themselves sufficient, and will in construction of law amount to a lease for years as effectually as if the most proper and pertinent words had been made use of for that purpose...
Página 781 - EF did not nor would faithfully serve the said plaintiff according to the tenor and effect, true intent and meaning of the said indenture; but on the contrary, thereof, he the said EF during the said term, to wit, on, &c.
Página 673 - Mortgage or pledge, of lands, estate, or property, real or personal, heritable, or movable, whatsoever, where the same shall be made as a security for the payment of any definite and certain sum of money, lent at the time or previously due and owing or forborne to be paid, being payable...
Página 865 - Colony, their heirs and assigns, to be holden of us, our heirs and successors, as of the Manor of East - Greenwich, in our county of Kent, in free and common soccage, and not in capite, nor by knight service...
Página 779 - Factors of the said not exceeding what she can reasonably stow and carry, over and above her Tackle, Apparel, Provisions, and Furniture...
Página 193 - No demurrer having been delivered, the plaintiff, on the 16th of May, signed judgment as for want of a rejoinder. Bramwell now moved for a rule calling upon the plaintiff to show cause why the judgment should not be set aside for irregularity.
Página 107 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed ; an action may be brought for the money, or for not doing such other act before performance, for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent. And so it is where no time is fixed for performance of that, which is...
Página 303 - ... such court or judge, in any civil action, or in any information in the nature of a quo warranto, or proceedings on a mandamus, when any variance shall appear between the proof and the recital or setting forth on the record, writ, or document, on which the trial is proceeding, of any contract, custom, prescription, name, or other matter, in any particular or particulars in the judgment of such court or judge not material to the merits of the case, and by which the opposite party cannot have been...
Página 685 - ... had therein, and subject to the same trusts, without any conveyance or assignment whatsoever, save and except in the case of stocks and securities in the public funds of Great Britain and Ireland...