Shelford's Real Property Statutes: Including the Prcincipal Statutes Relating to Real Property Passed in the Reigns of King William IV and Queen VictoriaH. Sweet, Maxwell, 1874 - 854 pages |
From inside the book
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Page v
... Nature of Prescription .. ( 2. ) Of Rights of Common .. ( 3. ) Of the Presumption of Grants of Easements , and of Licences ( 4. ) Of Rights of Way , Public and Private : - 1. Public Rights of Way and Highways 2. Private Rights of Way ...
... Nature of Prescription .. ( 2. ) Of Rights of Common .. ( 3. ) Of the Presumption of Grants of Easements , and of Licences ( 4. ) Of Rights of Way , Public and Private : - 1. Public Rights of Way and Highways 2. Private Rights of Way ...
Page 4
... nature , and of which no evidence was given . ( lb. ) Nature of requi- site enjoyment . The plaintiff claimed a right of common by prescription in respect of a que estate in land , and also by thirty and sixty years ' enjoyment by the ...
... nature , and of which no evidence was given . ( lb. ) Nature of requi- site enjoyment . The plaintiff claimed a right of common by prescription in respect of a que estate in land , and also by thirty and sixty years ' enjoyment by the ...
Page 9
... Nature of the order to establish a right of way , and to bring the case within this sec- enjoyment . tion , it must be proved that the claimant has enjoyed for the full period of twenty years , and that he has done so ' as of right ...
... Nature of the order to establish a right of way , and to bring the case within this sec- enjoyment . tion , it must be proved that the claimant has enjoyed for the full period of twenty years , and that he has done so ' as of right ...
Page 18
... nature of the case , next before the commencement of the suit , and it is not necessary to allege that it has existed for forty years before the act complained of in the declaration . ( Wright v . Williams , 1 Tyr . & G. 375 ; 1 Mees ...
... nature of the case , next before the commencement of the suit , and it is not necessary to allege that it has existed for forty years before the act complained of in the declaration . ( Wright v . Williams , 1 Tyr . & G. 375 ; 1 Mees ...
Page 26
... nature of the claim ( 7 ) . ( 1 ) This section forbids a presumption in favour of a claim to be drawn from a less ... natural weight or evidence , so as to preclude a jury from taking it along with other circumstances into con ...
... nature of the claim ( 7 ) . ( 1 ) This section forbids a presumption in favour of a claim to be drawn from a less ... natural weight or evidence , so as to preclude a jury from taking it along with other circumstances into con ...
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Other editions - View all
Shelford's Real Property Statutes: Including the Prcincipal Statutes ... Leonard Shelford,Thomas Henry Carson No preview available - 2015 |
Shelford's Real Property Statutes: Including the Prcincipal Statutes ... Leonard Shelford,Thomas Henry Carson No preview available - 2015 |
Common terms and phrases
accrued acknowledgment action adverse possession affidavit aforesaid annuity appointment Att.-Gen attorney barred Beav bill Bing cestui que trust charge claim clause commissioners common law common recovery consent conveyance copyhold Court of Chancery court of equity covenant coverture creditor death debtor debts deed defendant descended devised disposition dower easement enacted enjoyment entitled entry estate tail evidence Exch execution executor fee simple freehold grant heir held hereditaments husband inclosure act inrolled interest Ireland issue judgment land lease liable licence Litt Lord manor married woman Mees ment mortgage owner party passing payable payment personal estate plaintiff plea possession prescription presumption protector purchaser real estate recover recovery remainder remainderman rent right of common sect seised seisin settlement stat Statute of Limitations suit tenant in tail testator's thereof tion twenty Vict wife writ
Popular passages
Page 140 - December, 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Page 517 - And be it further enacted, 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.
Page 496 - ... all contingent, executory, or other future interests in any real or personal estate, whether the testator may or may not be ascertained as the person or one of the persons in whom the same respectively may become vested, and whether he may be entitled thereto under the instrument by which the same respectively were created or under any disposition thereof by deed or will; and also to all rights of entry for conditions broken, and other rights of entry...
Page 293 - Fourth (chapter seventyfour), "for the abolition of fines and recoveries, and " for the substitution of more simple modes of assurance...
Page 514 - ... is required for the execution of the will; but the will, with such alteration as part thereof, shall be deemed to be duly executed, if the signature of the testator, and the subscription of the witnesses be made in the margin or on some part of the will...
Page 270 - Joint Contractors, or Executors or Administrators, if it shall appear at the Trial or otherwise that the Plaintiff, though barred by either of the said recited Acts or this Act, as to One or more of such Joint Contractors, or Executors or Administrators, shall nevertheless be entitled to recover against any other or others of the Defendants, by virtue of a new Acknowledgment or Promise, or otherwise, Judgment may be given and Costs allowed for the Plaintiff as to such Defendant or Defendants against...
Page 532 - ... at or after, or following, or under, or beside or opposite to the end of the will, that it shall be apparent on the face of the will that the testator intended to give effect by such his signature to the writing signed as his will...
Page 189 - ... during the said period have been entitled to any other estate, interest, right, or possibility, in reversion, remainder, or otherwise, in or to the same land or rent, no entry, distress, or action shall' be made or brought by such person, or any person claiming through him, to recover such land or rent, in respect of such other estate, interest, right, or possibility, unless in the meantime...
Page 486 - ... the heir or devisee to whom such land or hereditaments shall descend or be devised shall not be. entitled to have the mortgage debt discharged or satisfied out of the personal estate or any other real estate of such person, but the land or hereditaments so charged shall, as between the different persons claiming through or under the deceased person, be primarily liable to the payment of all mortgage debts with which the same shall be charged, every part thereof, according to its value, bearing...
Page lxv - time immemorial, or time whereof the memory of man runneth not to the contrary," is now by the law of England in many cases considered to include and denote the whole period of time from the reign of King Richard the First, whereby the title to matters that have been long enjoyed is sometimes defeated by showing the commencement of such enjoyment, which is in many cases productive of inconvenience and injustice ; for remedy thereof...