New Commentaries on the Laws of England: (Partly Founded on Blackstone).H. Butterworth, 1841 |
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Página 71
... equity ( a ) , a phrase not peculiar to the law of England , but used by foreign jurists in the same sense ( b ) . Thus , in the first example , the case would be said to be out of the equity of the act ; in the second , to be within its ...
... equity ( a ) , a phrase not peculiar to the law of England , but used by foreign jurists in the same sense ( b ) . Thus , in the first example , the case would be said to be out of the equity of the act ; in the second , to be within its ...
Página 78
... equity . Indeed the term serves in both cases to indicate that which is more antient , as opposed to that which is less so , the statute law being of modern creation when compared with that which is of immemorial antiquity , and equity ...
... equity . Indeed the term serves in both cases to indicate that which is more antient , as opposed to that which is less so , the statute law being of modern creation when compared with that which is of immemorial antiquity , and equity ...
Página 79
... equity - and soon began to hold that divided empire with the more antient or common law which it still retains . In the courts of equity is now administered a very large proportion of the whole forensic business of the country , ( that ...
... equity - and soon began to hold that divided empire with the more antient or common law which it still retains . In the courts of equity is now administered a very large proportion of the whole forensic business of the country , ( that ...
Página 89
... equity in determining the right between party and party , but in many things repugnant quite " both to God's laws and man's . " The latter part of this character is alone ascribed to it by the laws before cited of Edward the First and ...
... equity in determining the right between party and party , but in many things repugnant quite " both to God's laws and man's . " The latter part of this character is alone ascribed to it by the laws before cited of Edward the First and ...
Página 217
... equity ; and the second being properly cognizable in the latter courts , and not even noticed , generally speaking , in the former ( e ) . It is of legal estate alone ( which is the original and primary idea ) that we shall have ...
... equity ; and the second being properly cognizable in the latter courts , and not even noticed , generally speaking , in the former ( e ) . It is of legal estate alone ( which is the original and primary idea ) that we shall have ...
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Términos y frases comunes
act of parliament alienation ancient attainder Blackstone called cestui chattel collateral common law considered contingent convey conveyance coparcenary copyhold courts courts of equity crown custom death deed descent devise dower effect eldest emblements England entitled equity escheat estate tail executed father Fearne fee simple fee tail female feoffee feoffment feud feudal forfeiture freehold gavelkind Gilb grant grantor half blood Harg hath heirs held Hist hold husband Ibid Inst interest issue John Stiles joint-tenants king knight-service land lease legal estate limited lineal ancestor Litt livery Lord Coke male mortmain nature owner parliament particular estate party paternal person possession principle purchaser Quia emptores reason remainder respect reversion rule Sand Sect seised seisin serjeanty socage statute Sugd tenant in tail tenements tenure term tion trust vested Vict Vide sup villein villenage wife words
Pasajes populares
Página 146 - Is not the whole land before thee? separate thyself, I pray thee, from me : if thou wilt take the left hand, then I will go to the right ; or if thou depart to the right hand, then I will go to the left.
Página 125 - Municipal law, thus understood, is properly defined to be a 'rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.
Página 560 - 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.
Página 554 - ... 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.
Página 100 - Britain; and that the King's Majesty, by and with the advice and consent of the Lords spiritual and temporal and Commons of Great Britain in Parliament assembled, had, hath and of right ought to have, full power and authority to make laws and statutes of sufficient force and validity to bind the colonies and people of America, subjects of the Crown of Great Britain in all cases whatsoever.
Página 308 - 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.
Página 563 - ... unless a contrary intention shall appear by the will by reason of such person having a prior estate tail, or of a preceding gift being, without any implication arising from such words, a limitation of an estate tail to such person or issue, or otherwise...
Página 203 - Temple speaks, a sort of people in a condition of downright servitude, used and employed in the most servile works, and belonging, both they, their children, and effects, to the lord of the soil, like the rest of the cattle or stock upon it.
Página 470 - Now this was the manner in former time in Israel, concerning redeeming and concerning changing, for to confirm all things ; a man plucked off his shoe, and gave it to his neighbour : and this was a testimony in Israel.
Página 174 - ... lord paramount, or above all. Such tenants as held under the king immediately, when they granted out portions of their lands to inferior persons, became also lords with respect to those inferior persons, as they were still tenants with respect to the king, and, thus partaking of a middle nature, were called mesne, or middle, lords.