Cases Argued and Determined in the Courts of Common Pleas & Exchequer Chamber: And in the House of Lords; from Michaelmas Term, 1831, to [Trinity Term, 1834] ..S. Sweet, 1833 |
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Page 7
... 1831. The defend - cutor upon a to an action against an exe- covenant by the testator , where the executor has paid over the residue within six months after probate . 1832 . DAVIS v . ant pleaded - first , TRINITY TERM , 2 WILL . IV .
... 1831. The defend - cutor upon a to an action against an exe- covenant by the testator , where the executor has paid over the residue within six months after probate . 1832 . DAVIS v . ant pleaded - first , TRINITY TERM , 2 WILL . IV .
Page 9
... months after the testator's death . In Brooking v . Jennings , there was no default in the admis- trator : he only paid over the residue to the executor on his coming of age . The principle of the case of The Chelsea Water - Works ...
... months after the testator's death . In Brooking v . Jennings , there was no default in the admis- trator : he only paid over the residue to the executor on his coming of age . The principle of the case of The Chelsea Water - Works ...
Page 11
... months to elapse before parting with the assets . It appears to me that that was not allowing a reasonable time for the purpose of ascertain- ing , and giving time to creditors of the testator to come in and demand their debts , so as ...
... months to elapse before parting with the assets . It appears to me that that was not allowing a reasonable time for the purpose of ascertain- ing , and giving time to creditors of the testator to come in and demand their debts , so as ...
Page 12
... months is not a reasonable time for giving notice to creditors , and otherwise ascertaining the exist- ence of claims against the estate of the testator . Upon that short ground I am of opinion that the pleas in this case were not ...
... months is not a reasonable time for giving notice to creditors , and otherwise ascertaining the exist- ence of claims against the estate of the testator . Upon that short ground I am of opinion that the pleas in this case were not ...
Page 14
... months , the executor will be justified in paying legacies . If that were so , the executor might delay the creditors by defer- ring the proof of the will . I concur , however , with the rest of the Court in holding , that , in the ...
... months , the executor will be justified in paying legacies . If that were so , the executor might delay the creditors by defer- ring the proof of the will . I concur , however , with the rest of the Court in holding , that , in the ...
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Common terms and phrases
act of bankruptcy action affidavit aforesaid afterwards alleged amount annuity appears apply arbitrator arrest assignment assumpsit authority award bail bankrupt Bigg bill bill of lading bond cause charges collector commission commissioners contract costs count Court of Exchequer covenant creditor crown dant debtor declaration deed defendant defendant's delivered discharged Edward Southouse entered entitled evidence Exchequer execution executors extent fendant GILES given ground GROVER held Hilary Term indorsed issue Judge judgment jury king King's Bench king's debt lease lessor liable Lord Chief Justice Manuden Mary Nash ment officer opinion paid party payment person plaintiff plea pleaded possession premises question recover rent rule nisi seized seizure Serjeant Wilde sheriff shew ship statute 33 Hen sued suit surety tained taken tenant thereof tiff tion trial Trinity Term trustees Vansandau verdict warrant of attorney witness writ writ of right writ of summons
Popular passages
Page 600 - And that the said grantee, his heirs and Assigns, shall and may from time to time, and at all times...
Page 476 - ... for the payment of any sum of money out of any particular fund which may or may not be available...
Page 335 - That if the Plaintiff or his attorney shall omit to insert in or indorse on any writ or copy thereof any of the matters required by the said act, to be by him inserted therein or indorsed thereon, such writ or copy thereof shall not, on that account, be held void, but may be set aside as irregular upon application to be made to the Court out of which the same shall issue, or to any Judge.
Page 413 - interest or no interest," or "without further proof of interest than the policy itself," or "without benefit of salvage to the insurer...
Page 354 - AB came into our said court before us, and, according to the form of the statutes in such case made and provided...
Page 135 - ... or make or cause to be made, either within this realm or elsewhere, any fraudulent grant or conveyance of any of his lands, tenements, goods, or chattels, or make or cause to be made any fraudulent surrender of any of his copyhold lands or tenements, or make or cause to bo made any fraudulent gift, delivery, or transfer of any of his goods or chattels...
Page 331 - We command you, That within eight days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered...
Page 349 - Keating now moved for a rule to shew cause why the verdict should not be set aside and a new trial had, on the ground of misdirection.— The plaintiffs
Page 132 - ... all executions and attachments against the lands and tenements, or goods and chattels, of such bankrupt, bona fide executed or levied more than two calendar months before the issuing of such commission, shall be valid, notwithstanding any prior act of bankruptcy by him committed...
Page 246 - Lord, his Heirs and Successors shall have first Execution against any Defendant or Defendants, of and for his said debts, before any other Person or Persons...