A Selection of Leading Cases on Real Property, Conveyancing, and the Construction of Wills and Deeds: With NotesButterworths, 1856 - 887 pages |
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Page 7
... Courts have a great inclination to make every tenancy a holding from year to year , if they can find any foundation for it , but in this case there is none such . The Court refused the rule . There is a difficulty sometimes in ...
... Courts have a great inclination to make every tenancy a holding from year to year , if they can find any foundation for it , but in this case there is none such . The Court refused the rule . There is a difficulty sometimes in ...
Page 15
... Court of Queen's Bench , refusing a rule for a new trial , that it was a tenancy at will , and that occupation for the two years , and payment of rent under the agreement , did not make B. tenant from year to year . " This Court ...
... Court of Queen's Bench , refusing a rule for a new trial , that it was a tenancy at will , and that occupation for the two years , and payment of rent under the agreement , did not make B. tenant from year to year . " This Court ...
Page 16
... Court of King's Bench that by this agreement , and the joint occupation under it , the former tenancy was determined , although the lease contracted for was never granted . An agreement , however , for a new lease , without the creation ...
... Court of King's Bench that by this agreement , and the joint occupation under it , the former tenancy was determined , although the lease contracted for was never granted . An agreement , however , for a new lease , without the creation ...
Page 21
... Court . And in this case two questions were moved : -1 . If upon the whole matter the wife should be tenant in tail after possibility , or that she should have the privilege of a tenant in tail after possibility , sc . to do waste , & c ...
... Court . And in this case two questions were moved : -1 . If upon the whole matter the wife should be tenant in tail after possibility , or that she should have the privilege of a tenant in tail after possibility , sc . to do waste , & c ...
Page 47
... Court of Equity would not prevent her from enforcing her right at law . See also S. C. 2 Conn . & Laws . 592 . Where the husband has a bare legal estate , either as mortgagee in fee , after the estate has become absolute at law ( Park ...
... Court of Equity would not prevent her from enforcing her right at law . See also S. C. 2 Conn . & Laws . 592 . Where the husband has a bare legal estate , either as mortgagee in fee , after the estate has become absolute at law ( Park ...
Other editions - View all
A Selection of Leading Cases on Real Property, Conveyancing, and the ... Owen Davies Tudor No preview available - 2015 |
A Selection of Leading Cases on Real Property, Conveyancing, and the ... Owen Davies Tudor No preview available - 2023 |
Common terms and phrases
accumulation advowson afterwards alienation appendant appointment Attorney-General Beav bequest Bishop body cestuy charity common law contingent conveyance Court Court of Equity curtesy daughter death decease deed defendant descend died dower easement Eliz emblements entitled equity escheat estate in fee estate tail execution executors executory devise extinguished failure of issue fee simple feoffees feoffment freehold gift given grant Hare hath heirs male husband inheritance intention interest joint-tenants land lease legacy legatee lessee lessor limitation Litt living Lord Lord Eldon Lord Langdale manor marriage mortgage owner parties payment personal estate plaintiff Plowd possession purchase real estate recovery remainder remainderman rent residue Roll rule rule against perpetuities rule in Shelley's sed vide seised seisin stat statute take effect tenant in tail tenants in common tenements term testator's thereof trust vested Vict void wife words
Popular passages
Page 473 - * * * it is a rule in law, when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail; that always in such cases, 'the heirs' are words of limitation of the estate, and not words of purchase.
Page 741 - 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 529 - ... 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 his issue, shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall appear by the will, by reason of such person having a prior estate tail...
Page 392 - ... directing such accumulations, would, for the time being, if of full age, be entitled unto the rents, issues, and profits, or the interest, dividends, or annual produce, so directed to be accumulated...
Page 444 - Durham, his executors, &c., upon trust to pay her debts and legacies, &c. ; and to dispose of the ultimate residue to such objects of benevolence and liberality as the Bishop of Durham in his own discretion shall most approve of ; and she appointed the Bishop her sole executor.
Page 115 - ... or during which any action or suit shall have been pending, and which shall have been diligently prosecuted until abated by the death of any party or parties thereto, shall be excluded in the computation of the periods hereinbefore mentioned...
Page 774 - Surrey and the heirs male of his body and for default of such issue to the heirs of his body...
Page 338 - Geo. 4, c. 45 ; and to extend the substitute for fines and recoveries to the case where money is directed to be laid out in the purchase of lands to be settled, so that any person, if the land were purchased, would have an estate tail therein.
Page 229 - ... be from henceforth clearly deemed and adjudged to be in him or them that have, or hereafter shall have, such use, confidence or trust, after such quality, manner...
Page 115 - ... hath been or shall be held under or by virtue of any term of life, or any term of years exceeding three years from the granting thereof, the time of the enjoyment of any such way or other matter, as herein last before mentioned, during the continuance of such term, shall be excluded in the computation of the said period of forty years, in case the claim shall within three years next after the end or sooner determination of such term be resisted by any person entitled to any reversion expectant...