A Digest of the Laws of England Respecting Real Property, Volume 3A. Strahan, 1818 - Real property |
From inside the book
Results 1-5 of 71
Page 32
... Justice Wilmot said , the true reason why a grant of a fallen presentation of an advowson , after avoidance , is not good , quoad the fallen vacancy , is the public utility ; and the better to guard against simony : not for the ...
... Justice Wilmot said , the true reason why a grant of a fallen presentation of an advowson , after avoidance , is not good , quoad the fallen vacancy , is the public utility ; and the better to guard against simony : not for the ...
Page 34
... Justice De Grey said , he was not able to doubt upon the question . An advowson was a temporal right , not indeed jus habendi , but jus dispo- nendi . The exercise of that right was by presenta- tion . The right itself was a valuable ...
... Justice De Grey said , he was not able to doubt upon the question . An advowson was a temporal right , not indeed jus habendi , but jus dispo- nendi . The exercise of that right was by presenta- tion . The right itself was a valuable ...
Page 36
... Justice De Grey's argu- ment in the case of Barrett v . Glubb , in which he distinguished between a purchase of the next present- ation to a church , and a purchase of an advowson in fee ; for , in the first case , he admitted that a ...
... Justice De Grey's argu- ment in the case of Barrett v . Glubb , in which he distinguished between a purchase of the next present- ation to a church , and a purchase of an advowson in fee ; for , in the first case , he admitted that a ...
Page 41
... justice . But the courts of justice never interfered with possibilities . They never interfered but when such abuse appeared , and was specified and alleged in the pleadings , in order to be proved if denied . That the bishop in this ...
... justice . But the courts of justice never interfered with possibilities . They never interfered but when such abuse appeared , and was specified and alleged in the pleadings , in order to be proved if denied . That the bishop in this ...
Page 42
... justice to interfere : the unfitness in like manner must be specified and alleged , in order to be proved . But the bond in the present case was unattended with any such cir- cumstance ; and therefore neither any undue influence or ...
... justice to interfere : the unfitness in like manner must be specified and alleged , in order to be proved . But the bond in the present case was unattended with any such cir- cumstance ; and therefore neither any undue influence or ...
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Common terms and phrases
advowson agistment alienation ancestors ancient annexed appurtenant barony benefice bishop blood bonds of resignation cattle Chancery church claimed clerk coheirs common appendant common law common of pasture copyholder court of equity created Crown curtesy custom daughter decimando deed defendant deputy descended determined dignity discharged Earl eldest Eliz entitled escheat estovers exemption exercised extinguished father fee simple freehold grant Gwill heirs male held honour House of Lords Idem incumbent inheritance Inst issue judgement justice King land lay impropriator lease lessor letters patent Lord Coke Lord Coke says manor ment opinion owner parish parliament patron payable payment of tithes person plaintiff portion of tithes prescription present profits purchase question rector rent charge resolved reversion right of common seised seisin simoniacal simony small tithes statute of Merton tenements tenure thereof tion titheable tithes trust unity of possession vicar void writ of summons
Popular passages
Page 315 - ... when the party by his own contract creates a duty or charge upon himself he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 127 - III. c. 23, enacted at the earnest recommendation of the king himself from the throne, the judges are continued in their offices during their good behaviour, notwithstanding any demise of the crown...
Page 185 - I have laboured to make a covenant with myself that affection may not press upon judgment ; for I suppose there is no man that hath any apprehension of gentry or nobleness, but his affection stands to the continuance of so noble a name and house, and would take hold of a twig or a twine thread to uphold it.
Page 363 - John the elder died. John the younger suffered a common recovery to the use of himself for life, remainder to his wife for life, remainder to the heirs male of their two bodies, remainder to the use of the will of John the elder,
Page 185 - I heard a great peer of this realm, and a learned, say, when he lived there was no king in Christendom had such a subject as Oxford.
Page 36 - ... directly or indirectly, in his own name, or in the name of any other person or persons...
Page 186 - And yet Time hath his revolutions; there must be a period and an end to all temporal things —finis rerum — an end of names. and dignities, and whatsoever is terrene; —and why not of De Vere ?— for where is BOHUN? Where is MOWBRAY? Where is MORTIMER? Nay, which is more, and most of all, where is PLANTAGENET ? They are entombed in the urns and sepulchres of mortality!
Page 508 - But as often as parliament had limited the time of actions and remedies to a certain period, in legal proceedings, the Court of Chancery adopted that rule, and applied it to similar cases in equity. For when the legislature had fixed the time at law, it would have been preposterous for equity, which, by its own proper authority, always maintained a limitation, to countenance laches beyond the period that law had been confined to by parliament ; and, therefore, in nil cases where the legal right has...
Page 376 - VII. The seventh and last rule or canon is, that in collateral inheritances the male stocks shall be preferred to the female (that is, kindred derived from the blood of the male ancestors, however remote, shall be admitted before those from the blood of the female however near),- — unless where the lands have, in fact, descended from a female.
Page 483 - Parliament, or within twenty years next after any other title of entry accrued ; (4) and that no person or persons shall at any time hereafter make any entry into any lands, tenements or hereditaments, but within twenty years next after his or their right or title which shall...