The Law of Ejectment: Or Recovery of Possession of Land, with an Appendix of Statutes and a Full IndexSweet and Maxwell, 1894 - 404 pages |
From inside the book
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Page 11
... writ of restitution is awarded upon a prosecution for the forcible entry ( m ) . If he is sued for trespass , he may answer that the land was his freehold , or was not the land of the plaintiff , and that he entered by virtue of a ...
... writ of restitution is awarded upon a prosecution for the forcible entry ( m ) . If he is sued for trespass , he may answer that the land was his freehold , or was not the land of the plaintiff , and that he entered by virtue of a ...
Page 21
... writ be granted , apply to have it quashed ; or , on giving indemnity to the sheriff , can get him to return upon the writ any special matter , in which case the prosecutor can either object to the return for insufficiency in law , or ...
... writ be granted , apply to have it quashed ; or , on giving indemnity to the sheriff , can get him to return upon the writ any special matter , in which case the prosecutor can either object to the return for insufficiency in law , or ...
Page 23
... writ of possession being granted and what has been done under it . The justices , or any one of those who have awarded Supersedeas restitution , may themselves supersede the præcept for of restitution . restitution before it is executed ...
... writ of possession being granted and what has been done under it . The justices , or any one of those who have awarded Supersedeas restitution , may themselves supersede the præcept for of restitution . restitution before it is executed ...
Page 24
... writ of restitution which has been executed ( u ) . A writ of restitution will be superseded and re - restitution granted when it appears that the justices have been irregular in their proceedings , as by refusing to try a traverse of ...
... writ of restitution which has been executed ( u ) . A writ of restitution will be superseded and re - restitution granted when it appears that the justices have been irregular in their proceedings , as by refusing to try a traverse of ...
Page 32
... writ , which has , however , expired before the trial , the defendant action begun . is estopped from setting up such expiration as a bar to the issue of a writ of possession ( h ) ; unless the defendant prove affirmatively that it ...
... writ , which has , however , expired before the trial , the defendant action begun . is estopped from setting up such expiration as a bar to the issue of a writ of possession ( h ) ; unless the defendant prove affirmatively that it ...
Other editions - View all
The Law of Ejectment: Or Recovery of Possession of Land, with an Appendix of ... John Herbert Williams No preview available - 2012 |
Common terms and phrases
38 Vict 47 Vict 9 Jur accrued agent apply arrears assigns attornment bankruptcy Beav Bing breach of covenant bring an action Burr Camp common law condition Conveyancing Act copyholds Court Courts of Equity covenant covenant to repair Davies deed defendant demised premises devise Dowl East elegit Eliz enter equity estopped estoppel Exch execution executor expiration forcible entry forfeiture freehold further enacted heir hereditaments Jones Judicature Acts justices L. J. Ch L. J. Ex L. J. Prob land or rent landlord lease lessee lessor ment mortgagee mortgagor notice to quit parish person claiming person entitled plaintiff proceedings prove proviso for re-entry re-enter receipt recover possession relief right of re-entry Salk Scott sect Smith statute sub-s supra Taunt tenant tenements term testator thereof tion Toleman trustee unless vested waiver Wilson writ
Popular passages
Page 112 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 366 - Any notice, if served by post, shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of the post...
Page 329 - die without leaving issue," or " have no issue," or any other words which may import either a want or failure of P- 159. issue of any person in his lifetime or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall appear by the will...
Page 325 - ... it shall go to the executor or administrator of the party that had the estate thereof by virtue of the grant...
Page 322 - That it shall be lawful for every person to devise, bequeath, or dispose of, by his will executed in manner hereinafter required, all real estate and all personal estate which he shall be entitled to, either at law or in equity, at the time of his death...
Page 306 - ... such possession or receipt then such right shall be deemed to have first accrued at the time at which the person claiming as aforesaid or the person through whom he claims became entitled to such possession or receipt by virtue of such instrument.
Page 305 - That the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, be interpreted as follows; (that is to say), the word "will...
Page 359 - ... in any case requiring the lessee to make compensation in money for the breach, and the lessee fails within a reasonable time thereafter to remedy the breach if it is capable of remedy, and to make reasonable compensation in money to the satisfaction of the lessor for the breach.
Page 327 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Page 329 - Estate to which such Description shall extend (as the Case may be), which he may have Power to appoint in any Manner he may think proper, and shall operate as an Execution of snch Power, unless a contrary Intention shall appear by the Will...