An Abridgment of the Law of Nisi Prius, 2. köideP. H. Nicklin & T. Johnson, 1838 - 1620 pages |
From inside the book
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Page 713
... sued for is one entire demand , and the plaintiff proceeds for a part only , he must aver that the rest has been satisfied . But in debt on a mortgage deed for pay- ment of principal with interest , a declaration for the principal ...
... sued for is one entire demand , and the plaintiff proceeds for a part only , he must aver that the rest has been satisfied . But in debt on a mortgage deed for pay- ment of principal with interest , a declaration for the principal ...
Page 720
... sued , and legally entitle him to recover the damages claimed in respect of the breaches of covenante . title . So , in debt by a remainder - man for rent reserved upon a lease by the tenant for life , the plaintiff must shew what au- a ...
... sued , and legally entitle him to recover the damages claimed in respect of the breaches of covenante . title . So , in debt by a remainder - man for rent reserved upon a lease by the tenant for life , the plaintiff must shew what au- a ...
Page 729
... sued for , and recovered at the same times and in the same manner as the single rent could ; and such double rent shall continue to be paid during all the time such tenant shall continue in possession . " It is observable that this act ...
... sued for , and recovered at the same times and in the same manner as the single rent could ; and such double rent shall continue to be paid during all the time such tenant shall continue in possession . " It is observable that this act ...
Page 738
... sued on a bond reciting a certain consideration , is estopped from pleading that the consideration was different , unless he can make it appear by his plea , that the real transaction was fraudulent or unlawfule . If a bond in its ...
... sued on a bond reciting a certain consideration , is estopped from pleading that the consideration was different , unless he can make it appear by his plea , that the real transaction was fraudulent or unlawfule . If a bond in its ...
Page 763
... sued for damages in respect of the matter of indemnity , it was held that in an action against the obligor on his indemnity , he should assign as a breach not only the damages and costs . recovered against him , but also his own costs ...
... sued for damages in respect of the matter of indemnity , it was held that in an action against the obligor on his indemnity , he should assign as a breach not only the damages and costs . recovered against him , but also his own costs ...
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Other editions - View all
Common terms and phrases
action adverse possession affidavit afterwards agreement alleged appear arrears assignment assumpsit barratry bill Bing bond breach Burr Camp casual ejector contract copyhold costs court covenant coverture damages death debt declaration defendant defendant's delivered demise detinue distrain distress Dowl East entered entitled entry evidence execution executor expiration feme covert fendant fraud granted heir held Hodges husband insured interest issue judgment jury land landlord lease lessee lessor liable libel Lord Lord Ellenborough Lord Tenterden loss marriage ment Moore mortgage nonsuited notice to quit paid party payment person plaintiff plea pleaded premises proceedings prove recover rent replevin rule Runnington Salk Saund SECTION sheriff shew ship Stark statute statute of frauds statute of limitations Stra sufficient Taunt term testator tion trespass trial trover trustees underwriters verdict voyage warranty wife Wils words writ
Popular passages
Page 1048 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 1022 - ... 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, or some other person thereunto by him lawfully authorized.
Page 1534 - Hereditament, it shall go to the Executor or Administrator of the Party that had the Estate thereof by virtue of the Grant...
Page 1309 - ... not material to the merits of the case, and by which the opposite party cannot have been prejudiced in the conduct of his action, prosecution, or defence...
Page 1535 - Act it is enacted6 that if any person shall attest the execution of any will to whom, or to whose wife, or husband any beneficial devise, legacy, estate, interest, gift or appointment of, or affecting any real or personal estate (other than and except charges and directions for the payment of any debt or debts) shall be thereby given or made, such devise, legacy, estate, gift or appointment shall, so far only as concerns such person attesting the execution of such will, or the wife or husband of...
Page 1538 - 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...
Page 1539 - Bequest shall not lapse, but shall take effect as if the Death of such Person had happened immediately after the Death of the Testator, unless a contrary Intention shall appear by the Will.
Page 1538 - die without leaving Issue," or " have no Issue," or any other Words which may import either a Want or Failure of Issue of any Person in his Lifetime or at the Time of his Death, or an indefinite Failure of...
Page 1516 - ... shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary.
Page 1532 - Service," and to any other testamentary disposition ; and the words " real estate" shall extend to manors, advowsons, messuages, lands, tithes, rents, and hereditaments, whether freehold, customary freehold, tenant right, customary or copyhold, or of any other tenure, and whether corporeal, incorporeal, or personal, and to any undivided share thereof, and to any estate, right, or interest (other than a chattel interest) therein ; and the words