The Law Magazine, Or, Quarterly Review of JurisprudenceSaunders and Benning, 1844 |
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Página 31
... Lord Thurlow put it upon this , whether the descent was broken or not , that is a mistake . Lord Thurlow seems to have com- pared it to the case of a trustee , considering the heir a trustee ; and upon this footing , that , if the ...
... Lord Thurlow put it upon this , whether the descent was broken or not , that is a mistake . Lord Thurlow seems to have com- pared it to the case of a trustee , considering the heir a trustee ; and upon this footing , that , if the ...
Página 32
... Lord Hardwicke was inclined to follow Lord Mac- clesfield . He drew a distinction between Fremoult v . Dedire , and the case of Kent v . Craig , in which there was a devise to the mother for payment of debts . Lord Hardwicke observed ...
... Lord Hardwicke was inclined to follow Lord Mac- clesfield . He drew a distinction between Fremoult v . Dedire , and the case of Kent v . Craig , in which there was a devise to the mother for payment of debts . Lord Hardwicke observed ...
Página 33
... Lord Talbot ex- pressed an opinion in the affirmative . Mr. Brown , king's counsel , said that it was a very extraordinary determination ; but Lord Hardwicke declared he would lay hold of it for the benefit of creditors , and ordered it ...
... Lord Talbot ex- pressed an opinion in the affirmative . Mr. Brown , king's counsel , said that it was a very extraordinary determination ; but Lord Hardwicke declared he would lay hold of it for the benefit of creditors , and ordered it ...
Página 37
... Lord Hardwicke seems to have doubted whether the equity of redemption of a mortgage in fee of a trust estate ought to be considered as legal or equit- able assets . His lordship drew the distinction between the trust estate itself , and ...
... Lord Hardwicke seems to have doubted whether the equity of redemption of a mortgage in fee of a trust estate ought to be considered as legal or equit- able assets . His lordship drew the distinction between the trust estate itself , and ...
Página 40
... Lord Ellenborough gave the judgment of the Court , that the trust term could not be taken in execution . Lord Hard- wicke's test as to the application of the equitable rules is of a similar nature , " if the plaintiff is under the ...
... Lord Ellenborough gave the judgment of the Court , that the trust term could not be taken in execution . Lord Hard- wicke's test as to the application of the equitable rules is of a similar nature , " if the plaintiff is under the ...
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Términos y frases comunes
action administration affidavit afterwards alleged answer appear apply appointed assets assignees assumpsit authority bankrupt bankruptcy Barrister bill bond Bottomry cause certiorari charge contract costs Court covenant creditors criminal crown death debt deceased declaration deed defendant demurrer devise duty England entitled equity evidence execution executors foreign given grand jury granted heir Held husband indictment infant Insolvent interest issue John Inman judge judgment jurisdiction justice land law of France legacies liable Lord lord advocate Lord Somers mandamus marriage matter ment mortgage notice obtained order of removal paid parish party payment personal estate plaintiff plea pleaded Practice precii proceedings procurator fiscal purchase refused rent respect rule scire facias Scott sessions sheriff solicitor Somers statute statute of Anne suit tenant term testator testator's tion trial trustees verdict Vict void wife witnesses writ writ of summons
Pasajes populares
Página 349 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Página 13 - From the moment that any advocate can be permitted to say, that he will or will not stand between the Crown and the subject arraigned in the Court where he daily sits to practise, from that moment the liberties of England are at an end.
Página 411 - Testament, in witness whereof I the said John McMillan have to this my Last Will and Testament set my hand and seal the day and year above written.
Página 67 - By the first section it is enacted, " that all notes, bills, bonds, judgments, mortgages, or other securities or conveyances whatsover, given, granted, drawn or entered into or executed by any person or persons whatsoever, where the whole or any part of the consideration of such conveyances or securities shall be for any money or other valuable thing whatsoever, won by gaming or playing at cards...
Página 138 - That no action shall be maintained whereby to charge any person upon any promise made, after full age, to pay any debt contracted during infancy, or upon any ratification, after full age...
Página 364 - Act (ft 59), the clerk of the court shall enter in a book, to be kept for this purpose in his office, a plaint in writing, stating the names and the last known places of abode of the parties, and the substance of the action intended to be brought...
Página 68 - ... and shall pay or deliver the same or any part thereof; the person or persons so losing, and paying or delivering the same, shall be at liberty within three months...
Página 381 - Treble Costs, and have such Remedy for the same as any Defendant can have in other Cases where Costs are given by Law.
Página 467 - Their Lordships are of opinion that, in order to constitute a sound disposing mind, a testator must not only be able to understand that he is by his will giving the whole of his property to one object of his regard, but he must also have capacity to comprehend the extent of his property, and the nature of the claims of others, whom by his will he is excluding from all participation in that property...
Página 282 - Comity of nations, the most appropriate phrase to express the true foundation and extent of the obligation of the laws of one nation within the territories of another.