New Reports of Cases Heard in the House of Lords: On Appeals and Writs of Error, 6. köideSaunders and Benning, 1835 |
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Page 9
... argument of the Defendants in error * See the cases of devise and conveyance by the heir put in the judgment in the Court below , by Lord Plunkett . 1 Hudson and Brooke , 680 , et seq . 1832 . WARBURTON V. LOVELAND . 1832 . WARBURTON v ...
... argument of the Defendants in error * See the cases of devise and conveyance by the heir put in the judgment in the Court below , by Lord Plunkett . 1 Hudson and Brooke , 680 , et seq . 1832 . WARBURTON V. LOVELAND . 1832 . WARBURTON v ...
Page 10
... argument here . The question is , whether if an assignment is made by an unmarried woman , and she afterwards marry , and then her husband assign , the re- gistered deed of the husband will not defeat the unregistered deed of the wife ...
... argument here . The question is , whether if an assignment is made by an unmarried woman , and she afterwards marry , and then her husband assign , the re- gistered deed of the husband will not defeat the unregistered deed of the wife ...
Page 13
... argument is , that the statute does not apply to all cases , therefore it is not inexpedient to extend the exception to this . The deed of the husband is , in such cases , that of the wife . Suppose a covenant by the husband against ...
... argument is , that the statute does not apply to all cases , therefore it is not inexpedient to extend the exception to this . The deed of the husband is , in such cases , that of the wife . Suppose a covenant by the husband against ...
Page 15
... argument an assignment might be made to third persons , which would create an intermediate title . If there is doubt , it must operate in favour of the Plaintiff in error ; for , independently of the act , he has a good title ; he is a ...
... argument an assignment might be made to third persons , which would create an intermediate title . If there is doubt , it must operate in favour of the Plaintiff in error ; for , independently of the act , he has a good title ; he is a ...
Page 16
... argument for the Defendant in error . It appears from the 2d and 3d Anne , that the Irish act was copied verbatim from the English . The first clause in the English act makes devises not registered void , as against purchasers . The ...
... argument for the Defendant in error . It appears from the 2d and 3d Anne , that the Irish act was copied verbatim from the English . The first clause in the English act makes devises not registered void , as against purchasers . The ...
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Common terms and phrases
aforesaid agreement amended Appellant argument assigns bearing date bill bond chattels Chief Baron CHOLMELEY COCKERELL codicil COLVIN contract conveyance copyhold Court of Exchequer creditor Crown debtor deed Defendants in error delivered devise entitled execution executors favour fieri facias fourth codicil fraud George Betham GILES granted GROVER HEARLE heirs Henry Charles Englefield Henry Fourdrinier indenture issue John Tebbutt Judges judgment King King's Bench King's debt lands lease Lechmere letters patent Lord Cadogan Lordships LOVELAND marriage ment mentioned opinion owner parties person Peter Beauvoir Plaintiff in error premises prerogative purchaser question registered rent Respondent Samuel Pepys Cockerell says seized seizure sheriff Sir Henry Charles special verdict Stamp Brooksbank statute 33 H suit tenant term testator thereof Thomas Tebbutt tion trustees unregistered Uppom voyage WARBURTON wife William Byam Martin William Rhodes writ of error writ of extent writ of fieri
Popular passages
Page 86 - certain attorney, executors, administrators, or " assigns ; for which payment, to be well and " faithfully made, we bind ourselves, our and each " of our heirs, executors, and administrators, firmly " by these presents, sealed with our
Page 90 - his executors, administrators, and assigns, and every of them, by himself and themselves, or by his and their deputy or deputies, servants or agents, or such others as he the said Jean Jacques Saintmarc, his executors, administrators, or assigns should at any time agree with, and no other, from time to time and at all
Page 174 - the port of London as aforesaid : And further, " that he the said George Betham, his executors " or administrators, shall and will well and truly " pay, or cause to be paid, unto the said owner, " his executors, administrators, or assigns, freight " for the use or hire of the said ship at and after
Page 90 - his executors, administrators, or assigns should at any time agree with, and no other, from time to time and at all times thereafter, during the term of years therein expressed, should and lawfully might make, use, exercise, and vend the said invention within that part of the United Kingdom of
Page 68 - following, a rule was obtained by the Defendant calling upon the Plaintiff to show cause why the verdict should not be set aside and a new trial granted; or, why judgment should not be arrested. This rule was discharged in Trinity term
Page 90 - Kingdom of Great Britain and Ireland called England, our said Lord the King's dominion of Wales, and town of Berwick upon Tweed, in such manner as to him the said Jean Jacques Saintmarc, his executors, administrators, and assigns, or any of them, should in his or their discretion seem meet; and that he the said Jean Jacques Saintmarc,
Page 89 - 8d. on the third in" stalment on the same shares having been paid, " then the above-written obligation to be void and " of no effect, or else to be and remain in full force " and virtue." The Defendant, after pleading several pleas, on which issues in fact were taken, pleaded the following pleas.
Page 86 - Aime" Duvergier, of South Ville, Wandsworth " Road, aforesaid, Esquire, in the sum of 10,200/. " of good and lawful money of Great Britain, to
Page 455 - questions that were proposed to them by the House. By these answers, a very great majority of the Judges coincided in that opinion, upon which I propose to submit to your Lordships that the judgment of the Court of Exchequer should be affirmed, two only being of a different opinion. The case may be shortly stated
Page 74 - of July, 1824, final judgment was signed for the Plaintiff by the Court of Common Pleas. On this judgment a writ of error was brought in the Court of King's Bench, tested on the 2d of July, 1824, and returnable on the morrow of All Souls in Michaelmas term following ; under which