Reports of Cases Argued and Determined in the Courts of Exchequer and Exchequer Chamber, at Law, in Equity, and in Error: From Hilary Term, 4 and 5 Geo. IV. to Michaelmas Term, 5 Geo. IV. Both Inclusive. [1824] With Tables of the Cases and Principal MattersS. Sweet, 1825 - 744 pages |
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Page 17
... tithes of Governors of Yarpole and Bircher , at 250l . a year ; and the tithes of Lucton , at 180l . a year , for three years from Christmas next , payable half - yearly , & c . Mr. Pymble to be at liberty to continue tenant of the ...
... tithes of Governors of Yarpole and Bircher , at 250l . a year ; and the tithes of Lucton , at 180l . a year , for three years from Christmas next , payable half - yearly , & c . Mr. Pymble to be at liberty to continue tenant of the ...
Page 18
... tithes of the parish of Yarpole , for an account of all tithes of titheable matters taken by the defendants from off their farms since the 25th of December 1820 . The defendants put in their answers as of Hilary term 1823 , stating , as ...
... tithes of the parish of Yarpole , for an account of all tithes of titheable matters taken by the defendants from off their farms since the 25th of December 1820 . The defendants put in their answers as of Hilary term 1823 , stating , as ...
Page 19
... tithes only as had not been paid to him , or were not payable to the Chaplain . And the Court was moved in Michaelmas term 1823 , that they might be at liberty to amend their bill , by making Pymble a co - plaintiff , and otherwise , as ...
... tithes only as had not been paid to him , or were not payable to the Chaplain . And the Court was moved in Michaelmas term 1823 , that they might be at liberty to amend their bill , by making Pymble a co - plaintiff , and otherwise , as ...
Page 20
... tithes , and that , therefore , Pymble was a necessary party . That the ques- tions in , and objects of the two suits , would be quite dif- ferent ; and that the amended bill would be in substance a new one . That this was the case of a ...
... tithes , and that , therefore , Pymble was a necessary party . That the ques- tions in , and objects of the two suits , would be quite dif- ferent ; and that the amended bill would be in substance a new one . That this was the case of a ...
Page 22
... tithes , to which they must have known they were not en- titled , is a case of such gross negligence and inattention , that they can claim no aid from this Court by way of extra- ordinary interposition . GRAHAM , B. My original ...
... tithes , to which they must have known they were not en- titled , is a case of such gross negligence and inattention , that they can claim no aid from this Court by way of extra- ordinary interposition . GRAHAM , B. My original ...
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Common terms and phrases
act of parliament action affidavit aforesaid alleged annuity answer appears application appointment Ash Mill assigns ATTORNEY auction duty bail bankrupt bill bond breach BROWNHILL charged claim clause Clerk costs Court Court of Equity covenant Crown debt declaration decree deed defendant defendant's demurrer discharged duty election entitled Equity evidence Exchequer Exchequer of Pleas execution executors fendant filed GARROW granted ground heirs Holwell HULLOCK interest issue John Sanger judgment jury lands lease leasehold estate legacy liable Lord Chief Baron LUCTON Master ment messuage modus moduses mortgagee motion nisi notice objection officer opinion paid party payment person plaintiff plea pleaded possession premises proceeding purchaser Pymble question received rector refused rents and profits respect rule Sanger scire facias shew cause statute suit tenant term testator thereof tion tithes trust Tucker verdict vicar Vide witnesses writ
Popular passages
Page 282 - ... to the use of His Majesty, his heirs and successors, and the other moiety to the use of the person who shall inform or sue for the same...
Page 143 - A rule having been obtained calling on the plaintiff to shew cause why the verdict should not be set aside, and a new trial had...
Page 434 - To the use of the said CD and his assigns for and during the term of his natural life without impeachment...
Page 32 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Page 227 - Deed, instrument, or writing, whereby any lands, tenements, or other realty sold shall be granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his, her, or their direction...
Page 229 - ... arrears shall exceed one year's rent, then the said party, at whose suit such execution is sued out, paying the said landlord or his bailiff one year's rent, may proceed to execute his judgment, as he might have done before the making of this act, and the sheriff or other officer is hereby empowered and required to levy and pay to the plaintiff, as well the money so paid for rent, as the execution money.
Page 597 - ... for money had and received. The approved and usual form for this count is very simple, consisting simply in stating that the defendant is indebted to the plaintiff in a certain sum "for money had and received by the defendant to and for the use of plaintiff.
Page 199 - that where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator, where there are mutual debts between the testator or intestate and either party, one debt may be set against the other...
Page 621 - And be it enacted that upon all annuities, yearly interest of money, or other annual payments, whether such payments shall be payable within or out of Great Britain, either as a charge on any property of the person paying the same by virtue of any deed or will or otherwise, or as a reservation thereout, or as a personal debt or obligation by virtue of any contract...
Page 564 - Serjt., now moved for a rule to shew cause why the verdict should not be set aside, and a new trial granted, on the ground of misdirection.