Commentaries on the Laws of England, 3. köideA. Strahan, 1800 |
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Page 166
... possession was vacant ; but this is an attack upon him who is in actual poffeffion , and turning him out of it . Thofe were an ouster from a freehold in law ; this is an oufter from a freehold in deed . Diffeifin may be effected either ...
... possession was vacant ; but this is an attack upon him who is in actual poffeffion , and turning him out of it . Thofe were an ouster from a freehold in law ; this is an oufter from a freehold in deed . Diffeifin may be effected either ...
Page 177
William Blackstone. hath the prefumptive right , yet there is a right of possession , fuperior to his refiding in him who brings the action . THESE remedies are either by a writ of entry , or an offife : which are actions merely poeory ...
William Blackstone. hath the prefumptive right , yet there is a right of possession , fuperior to his refiding in him who brings the action . THESE remedies are either by a writ of entry , or an offife : which are actions merely poeory ...
Page 179
... possession and property , was not allowed this posseory action ; but was driven to his writ of right , a long and final remedy , to punish his neglect in not fooner putting in his claim , while the de- grees fubfifted , and for the ...
... possession and property , was not allowed this posseory action ; but was driven to his writ of right , a long and final remedy , to punish his neglect in not fooner putting in his claim , while the de- grees fubfifted , and for the ...
Page 187
... man . " For , as one man may have the poffeffion , and another the right of poffeffion , which is recovered by thefe poffeffory actions ; fo P 3 one one man may have the right of possession , and Ch . 10 . 190 WRONG S.
... man . " For , as one man may have the poffeffion , and another the right of poffeffion , which is recovered by thefe poffeffory actions ; fo P 3 one one man may have the right of possession , and Ch . 10 . 190 WRONG S.
Page 188
William Blackstone. one man may have the right of possession , and fo not be liable to eviction by any poffeffory action , and another may have the right of property , which cannot be otherwise afferted than by the great and final remedy ...
William Blackstone. one man may have the right of possession , and fo not be liable to eviction by any poffeffory action , and another may have the right of property , which cannot be otherwise afferted than by the great and final remedy ...
Common terms and phrases
action affife aforefaid againſt alfo alſo anſwer antient appear arifing becauſe cafe caſe caufe cauſe chancery Charles Long cofts cognizance commiffion common law common pleas confequence conftitution courſe court of equity damages debt defendant deforcement detinue diffeifin diftreined diſtreſs ecclefiaftical Edward Coke eftate Eliz entry eſtabliſhed faid faid Richard faid William fame fatisfaction fecond fhall fheriff fhew fhould fince Finch firſt fome fpecies freehold ftatute ftill fubject fuch fufficient fuit fummon fuppofed hath himſelf iffue Inft injury itſelf judges judgment juftice jurifdiction jurors jury king's bench lands Litt lord the king moſt muft muſt neceffary nufance obferved otherwife party perfon plaintiff plead poffeffion prefent procefs profecution purpoſe queſtion reafon recover redrefs refpective remedy ſhall ſpecial ſtated ſuch tenant thefe themſelves theſe thofe thoſe trefpafs treſpaſs trial ufually unleſs uſe uſually verdict Weſtminſter wherein William Kent writ of right
Popular passages
Page 109 - I shall for the present only remark, that all possible injuries whatsoever, that did not fall within the exclusive cognizance of either the ecclesiastical, military, or maritime tribunals, are, for that very reason, within the cognizance of the common law courts of justice; for it is a settled and invariable principle in the laws of England, that every right, when withheld, must have a remedy, and every injury its proper redress.
Page 105 - The marshalling of coat-armour, which was formerly the pride and study of all the best families in the kingdom, is now greatly disregarded; and has fallen into the hands of certain officers and attendants upon this court, called heralds, who consider it only as a matter of lucre, and not of justice: whereby such falsity and confusion have crept into their records, (which ought to be the standing evidence of families, descents, and...
Page 73 - ... and whereas heretofore such assurers have used to stand so justly and precisely upon their credits, as few or no controversies have arisen thereupon, and if any have grown, the same have from time to time been ended and ordered by certain grave and discreet merchants appointed by the lord mayor of the city of London, as men by reason of their experience fittest to understand, and speedily to decide those causes...
Page 205 - For every man's land is, in the eye of the law, enclosed and set apart from his neighbor's; and that either by a visible and material fence, as one field is divided from another by a hedge, or by an ideal, invisible boundary, existing only in the contemplation of law, as when one man's land adjoins to another's in the same field.
Page 93 - Causa jactitationis matrimonii ; when one of the parties boasts or gives out that he or she is married to the other, whereby a common reputation of their matrimony may ensue. On this ground the party injured may libel the other in the spiritual court; and, unless the defendant undertakes and makes out a proof of the actual marriage, he or she is enjoined perpetual silence upon that head ; which is the only remedy the ecclesiastical courts can give for this injury.
Page 155 - Evidence, therefore, of the agreement cannot be received without the writing or secondary evidence of its contents : 1. An agreement that by its terms is not to be performed within a year from the making thereof ; 2.
Page 32 - ... its jurisdiction extends to administer justice for all commercial injuries done in that very fair or market, and not in any preceding one. So that the injury must be done, complained of, heard, and determined, within the compass of one and the same day, unless the fair continues longer.
Page 134 - That every person committed for treason or felony shall, if he requires it the first week of the next term, or the first day of the next session of oyer and terminer, be indicted in that term or session, or else admitted to bail ; unless the king's witnesses cannot be produced at that time ; and if acquitted, or if not indicted and tried in the second term or session, he shall be discharged from...