Reports of Cases Argued and Determined in the Court of Exchequer,: From Michaelmas term 36 George III. to Trinity term 37 George III. both inclusiveA. Strahan, law printer to the King's moste excellent Majesty, 1817 - 330页 |
常见术语和短语
9 Ann action admitted affidavit agistment amicus curiæ annuity answer appears argued Attorney bail Baron.-The bequest bill Burton Chief Baron circumstances claim clause common considered conveyance copyholds Court of Equity COURT OF EXCHEQUER Court thought covenant creditors crown custom daughters Dauncey debts deed defendant delivered demesnes demurrer devise discharge duties on houses entitled evidence expences fact fendant given granted ground heir held injunction insisted intention interest interplead issue King landlord lands lease legacy liable licence Lord Lord Northington Lydcott MACDONALD manor Market Bosworth ment mode modus mortgage objection obtained opinion owner paid parish parties payment penalty person plaintiff plea Plumer possession premises purchase question rector refused renew rent rule scire facias sheriff shew cause statute stay waste suit tenant Term Rep terrier testator thing Thoby tion tithes transaction vessel whole writ
热门引用章节
第944页 - A., seised in fee, conveyed lands to B. and C., and the survivor of them, and the heirs of the survivor, to the use of A. for life, and after his death, to the use of B. and C., and the survivor, and the heirs of such survivor, upon trust to permit and suffer D.
第694页 - Groves, that there might be some equity to say, that he should not keep the house or its value, and receive the rent also; but should either put it down again for the use of the lessee, or remit the rent.
第799页 - Auctioneer or seller by commission at any sale of any estate, goods, chattels or effects whatsoever, by outcry, knocking down of hammer, by candle, by lot, by parcel, or by any other mode of sale at auction, or whereby the highest bidder is deemed to be the purchaser...
第674页 - ... be rendered definite and certain by reference to the principle upon which the courts have acted with regard to copyholds of inheritance, where an arbitrary claim of unlimited fines would be inconsistent with the right of the heir.
第661页 - Court made an order to show cause why a new trial should not be granted on the ground of newly discovered evidence returnable on the sixth day of September.
第826页 - There must be such reasonable precision in the description, as would enable a sheriff to give possession of the closes. Would this description be sufficient for that purpose ? No issue could be directed upon this defence. The issue is in general in the words or nearly in the words of the answer ; but here there is no description at all of the place covered by the modus. There is nothing therefore to try by an issue. Where there is an inaccuracy in the answer in describing the defence, an indorsement...
第705页 - ... on the ground of having never paid these tithes ; from non-payment he wishes the court to presume a grant or conveyance of these tithes from the lay impropriator. It is clear '.that, against an ecclesiastical rector, this defence could never be set up in any shape. Whether a lay impropriator should have the same benefit was at first doubted, but that point seems now at rest. Three successive decisions upon it have fully established that there is no difference between a lay and an ecclesiastical...
第808页 - Right, full Power, and lawful Authority to give and devise the same by his or her last Will and Testament in Writing, duly executed in the Presence of three or more credible Witnesses, in Manner and Form following...
第938页 - ... from the swathe ; but this is so unusual that there is a contrariety of evidence, whether it is done in peculiarly fine or in remarkably bad seasons. If it does not introduce a new and unprofitable mode of husbandry, this tithe must be subject to the general rule with regard to all hay. The general and irrefragable law of tithing is, that each article is to be tithed when it comes into such a state of severance that the parson may see whether he has his fair tenth. The • stage of the process...
第934页 - If non-payment for any length of time forms no presumption of a grant of the tithes ; 72 then the length of * enjoyment, which in all other cases is the best possible title, serves only to weaken the claim of exemption from tithes as the difficulty of tracing its origin is increased.