Reports of Cases Argued and Adjudged in the Courts of King's Bench and Common Pleas in the Reigns of the Late King William, Queen Anne, King George the First, and King George the Second
His Majesty's Law Printer, 1790
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action adjudged admitted afterwards againſt alſo anſwered appears argued averment award becauſe bill bond bring brought Carth caſe cauſe charge cited committed common common law court covenant cuſtom damages debt deed defendant delivered demurrer deviſe difference entered error eſtate evidence exception execution executor facias fieri facias firſt give given grant heirs held himſelf Holt chief juſtice intended iſſue John joined judges judgment king king's bench land leaſe lord matter ment moved muſt notice objection opinion paid party perſon plaintiff plea pleaded preſent prohibition queſtion quod reaſon record releaſe rent Roll rule ſaid Salk ſame ſay ſeveral ſhall ſheriff ſhould ſpecial ſtatute ſuch taken tenant term theſe thing Thomas tion took traverſe treſpaſs uſe verdict verf verſ Vide void whole wife writ
第 147 頁 - Bench to recover the value of a negro alleged to be the property of the plaintiff, and to have been unlawfully detained by the defendant. The plaintiff's counsel relied upon a decision of the Court of Common Pleas, " that trover will lie for a negro, because negroes are heathens, and therefore a man may have property in them, and, without averment, notice may be taken judicially that negroes are heathens.
第 423 頁 - For (by him) though the debts of an infant are only voidable by him at his election, yet no man can be a bankrupt for debts which he is not obliged to pay.
第 240 頁 - Salk. 290. pass for hunting in the grounds as well of B. as of C. But, if A. starts a hare, &c., in a forest or warren of B., and hunts it into the ground of C., and there kills it, the property remains all the while in B., the proprietor of the warren, because the privilege continues.
第 304 頁 - For (by him) if tenant in fee grants a rent-charge out of lands, and covenants to pay it without deduction, for himself and his heirs, you may maintain covenant against the grantor and his heirs, but not against the assignee, for it is a mere personal covenant, and cannot run with the land.
第 303 頁 - ... the difference where an act of parliament will amount to a repeal of a covenant, and where not, is this : where a man covenants not to do a thing which was lawful for him to do, and an act of parliament comes after and compels him to do it, there the act repeals the covenant, and vice versa...
第 240 頁 - ... day) the property of the goods is bound by the sale, and the party cannot seize them by virtue of his execution first delivered ; but he may have his remedy against the sheriff. For sales made by the sheriff ought not to be defeated, for if they are, no man will buy goods levied upon a writ of execution.
第 645 頁 - ... then, though the agreement be to pay the money for the doing of the thing, yet...
第 304 頁 - The three judges seemed to be in a surprise, and not, in truth, to comprehend this objection ; and, therefore, they persisted in their former opinion, talking of