Select Cases and Other Authorities on the Law of Property, Volume 1Charles W. Sever and Company, 1905 - Personal property |
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Page 9
... judge directed a verdict for the plaintiff , with leave to move to enter a verdict for the defendant , or a nonsuit if under such circumstances replevin did not lie . Montague Smith , in the ensuing term , obtained a rule nisi accord ...
... judge directed a verdict for the plaintiff , with leave to move to enter a verdict for the defendant , or a nonsuit if under such circumstances replevin did not lie . Montague Smith , in the ensuing term , obtained a rule nisi accord ...
Page 10
... judge alleging the contrary , Gascoigne , C. J. of K. B. , says : " He may elect to have replevin or writ of trespass ; " but he adds , or the reporter adds , " and some understand that he cannot , " for which last a reason is given ...
... judge alleging the contrary , Gascoigne , C. J. of K. B. , says : " He may elect to have replevin or writ of trespass ; " but he adds , or the reporter adds , " and some understand that he cannot , " for which last a reason is given ...
Page 11
... judge found the practice in Ireland the other way . He felt the inconvenience and injustice of it ; he consulted with the Lord Chief Justice , and obtained the opinion of the other judges ; and then pronounced the true rule , which , in ...
... judge found the practice in Ireland the other way . He felt the inconvenience and injustice of it ; he consulted with the Lord Chief Justice , and obtained the opinion of the other judges ; and then pronounced the true rule , which , in ...
Page 21
... judges might be cited . But in the application of these general views it will be found difficult to ascertain what is ... judge who has dealt with this subject has felt the importance of upholding all reasonable usages of the fishermen ...
... judges might be cited . But in the application of these general views it will be found difficult to ascertain what is ... judge who has dealt with this subject has felt the importance of upholding all reasonable usages of the fishermen ...
Page 22
... Judge Sprague , whose experience in this class of cases was very great , found the custom to be established , and decided the cause in favor of the libellants , because they owned the first iron , though the whale was killed by the crew ...
... Judge Sprague , whose experience in this class of cases was very great , found the custom to be established , and decided the cause in favor of the libellants , because they owned the first iron , though the whale was killed by the crew ...
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Common terms and phrases
action afterwards agreement annexed assigns attornment authority bailee bailment bailor building cestui chattels cited claim common law consideration contract conveyance court covenant custom damages deed defendant defendant's delivered detinue doctrine emblements entitled erected evidence execution executor facts fee simple fee tail feoffee feoffment fixtures freehold gift grant grantor ground hath heirs held hold holdeth horse inheritance innkeeper intent issue judgment jury Justice king knight-service landlord lands or tenements lease lessee lessor lien limited livery lord manor manure ment mill mortgage opinion owner paid parties pass personal property plaintiff plaintiff in error plea possession premises purchase purpose question real estate realty reason recover remainder remove rent replevin Reported rule Sarah Hill seised seisin serjeanty socage sold statute taken tenant in tail tenements tenure term thereof thing timber tion trees trespass trial trover trust verdict vested waste wheat wife writ
Popular passages
Page 374 - June (1677) all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 650 - Cartwright and her assigns for and during the term of her natural life, and from and immediately after her decease to...
Page 547 - The common law of England is not to be taken, in all respects, to be that of America. Our ancestors brought with them its general principles, and claimed it as their birthright; but they brought with them and adopted only that portion which was applicable to their condition.
Page 334 - ... the will of the giver according to the form in the deed of gift manifestly expressed shall be from henceforth observed, so that they to whom the land was given under such condition shall have no power to aliene the land so given, but that it shall remain unto the issue of them to whom it was given after their death, or shall revert unto the giver or his heirs if issue fail, either by reason that there is no issue at all, or if any issue be, it fail by death, the heir of such issue failing.
Page 47 - But our law, to guard against fraud, gives the entire property, without any account, to him whose original dominion is invaded, and endeavored to be rendered uncertain without his own consent.
Page 369 - That where any person or persons stand or be seised, or at any time hereafter shall happen to be seised, of and in any honors, castles, manors, lands, tenements, rents, services, reversions, remainders or other hereditaments, to the use, confidence or trust of any other person or persons...
Page 440 - ... that they were so intended lying on those who assert that they have ceased to be chattels; and that, on the contrary, an article which is affixed to the land, even slightly, is to be considered...
Page 441 - The only question therefore is, whether the machines when fixed were parcel of the freehold; and this is a question of fact, depending on the circumstances of each case, and principally on two considerations; first, the mode of annexation to the soil or fabric of the house, and the extent to which it is united to them, whether it can easily be removed integre, salve, et commode, or not, without injury to itself or the fabric of the building...
Page 546 - The general rule of the common law certainly is that whatever is once annexed to the freehold becomes part of it, and cannot afterward be removed, except by him who is entitled to the inheritance.
Page 264 - Trial in the Superior Court, without -a jury, before Blodgett, J., who allowed a bill of exceptions, in substance as follows : The...