Reports of Cases Argued and Determined in the Courts of Exchequer and Exchequer Chamber: Temp. Lord Lyndurst, with Tables of Cases and Principal Matters ...R. T. Davis, 1834 - Court rules |
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Page 22
... question arising out of stat . 55 G. 3. c . 184. imposing duties on legacies . The facts of the case were these : Upon the marriage of Mrs. Cholmondeley the sum of 20,000l . was vested in trus- tees , upon trust , as far as related to ...
... question arising out of stat . 55 G. 3. c . 184. imposing duties on legacies . The facts of the case were these : Upon the marriage of Mrs. Cholmondeley the sum of 20,000l . was vested in trus- tees , upon trust , as far as related to ...
Page 40
... question is raised on the pleas , which identify the subject - matter of the contracts there stated with that in the special counts , and show that the crops & c . were growing on and made one with the land . They also show that the ...
... question is raised on the pleas , which identify the subject - matter of the contracts there stated with that in the special counts , and show that the crops & c . were growing on and made one with the land . They also show that the ...
Page 42
... question of law ( a ) . Where that is so , facts should have been alleged which might be found by a jury so as to raise the question of law . That was not so necessary here , the promise being to cultivate accord- ing to the custom of ...
... question of law ( a ) . Where that is so , facts should have been alleged which might be found by a jury so as to raise the question of law . That was not so necessary here , the promise being to cultivate accord- ing to the custom of ...
Page 43
... question is , can that promise be enforced on these pleadings ? First , as no demise of the land took place , no writing was necessary under the statute of frauds . Secondly , the plaintiff is entitled to judgment on the account stated ...
... question is , can that promise be enforced on these pleadings ? First , as no demise of the land took place , no writing was necessary under the statute of frauds . Secondly , the plaintiff is entitled to judgment on the account stated ...
Page 73
... question was did not sign it duly executed to pass real estates by devise . in the presence of any of them , and ... question arising on an issue directed to it out of chancery , and which involves a right merely equitable ; par ...
... question was did not sign it duly executed to pass real estates by devise . in the presence of any of them , and ... question arising on an issue directed to it out of chancery , and which involves a right merely equitable ; par ...
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Common terms and phrases
act of bankruptcy affidavit aforesaid afterwards agreement alleged amount appear appointment Archbishop of Canterbury arrest assignment assumpsit attorney bail bankrupt Bayley bill BOLLAND bond breach CARLISLE cited commissioners contract costs count court covenant creditors crops damages debt declaration deed deed poll defendant defendant's delivered discharged Duke duty entitled evidence exchequer execution executors fact fendant fixtures freehold GARLAND George Duke given ground held indorsement issue judge judgment jury land lease Lechmere liable Lord Lyndhurst C. B. Lord Mansfield Lord Tenterden ment nisi prius non est factum nonsuit notice officer opinion paid parish party paymaster payment person plaintiff plea pleaded possession premises proceedings proved question recover refused rent rule sheriff showed cause statute statute of frauds sued sufficient surety taken tenant term testator testator's thereof tiff tion trespass trial trover verdict Williams witness words writ writ of summons
Popular passages
Page 50 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Page 396 - Deceased, do make or cause to be made a true and perfect Inventory of all and singular the Goods Chattels and Credits of the said Deceased...
Page 705 - That if any clerk or servant, or any person employed for the purpose or in the capacity of a clerk or servant, shall, by virtue of such employment...
Page 646 - subject to the payment of the rent and to the performance of the covenants and agreements reserved and contained *in the original lease:
Page xviii - Cholmondeley sealed and delivered in the presence of and to be attested by two or more credible witnesses...
Page 396 - And all the rest and residue of the " said goods, chattels, and credits...
Page 650 - Express contracts are where the terms of the agreement are openly uttered and avowed at the time of the making, as to deliver an ox, or ten loads of timber, or to pay a stated price for certain goods. Implied are such as reason and justice dictate, and which therefore the law presumes that every man undertakes to perform.
Page 632 - The inheritance cannot be enjoyed without them : they are accessaries necessary to the enjoyment and use of the principal. The owner erected them for the benefit of the inheritance : he could never mean to give them to the executor...
Page 397 - AB within-bounden, being thereunto required, do render and deliver the said letters of administration (approbation of such testament being first had and made) in the said court ; then this obligation to be void and of none effect, or else to remain in full force and virtue.
Page 922 - Davison, upon trust, to support and preserve the contingent uses and estates hereinafter limited from being defeated or destroyed, and for that purpose to make entries and bring actions, as occasion shall require, but...