Commentaries on the Laws of England: In Four Books, Том 3A. Strahan and W. Woodfall, law-printers to the King, 1791 |
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... FREEHOLD . 1670 CHAP . XI . 3 Of DISPOSSESSION OF OUSTER of CHAT- TELS REAL . 198 CHAP . XII . Of TRESPAS S. 208 CHAP . XIII . Of NUSANC E. 216 CHA P. XIV . of WASTE . 223 CHA P. XV . Of SUBTRACTION , CHAP . XVI TONTENT S.
... FREEHOLD . 1670 CHAP . XI . 3 Of DISPOSSESSION OF OUSTER of CHAT- TELS REAL . 198 CHAP . XII . Of TRESPAS S. 208 CHAP . XIII . Of NUSANC E. 216 CHA P. XIV . of WASTE . 223 CHA P. XV . Of SUBTRACTION , CHAP . XVI TONTENT S.
Страница 10
... freehold may not be diftreined ; as caldrons , windows , doors , and chimney- pieces ; for they favour of the realty . For this reafon alfo corn growing could not be diftreined ; till the statute 11 Geo . II . c . 19. empowered ...
... freehold may not be diftreined ; as caldrons , windows , doors , and chimney- pieces ; for they favour of the realty . For this reafon alfo corn growing could not be diftreined ; till the statute 11 Geo . II . c . 19. empowered ...
Страница 20
... freehold by virtue of the remainder , which is a bad title , is by act of law remitted , or in of his former and furer eftate f . For he hath hereby gained a new right of poffeffion , to which the law immediately annexes his antient ...
... freehold by virtue of the remainder , which is a bad title , is by act of law remitted , or in of his former and furer eftate f . For he hath hereby gained a new right of poffeffion , to which the law immediately annexes his antient ...
Страница 21
... freehold is afterwards caft upon him ; he shall not be remitted to his eftate tail ' : for the operation of the remitter is exactly the fame , after the union of the two rights , as that of a real action would have been before it . As ...
... freehold is afterwards caft upon him ; he shall not be remitted to his eftate tail ' : for the operation of the remitter is exactly the fame , after the union of the two rights , as that of a real action would have been before it . As ...
Страница 40
... freehold or the realty , be originally brought : and all other , or perfonal , pleas between man and man are likewife here determined ; though in most of them the king's bench has alfo a concurrent authority . m 4 Inft . 99 . THE THE ...
... freehold or the realty , be originally brought : and all other , or perfonal , pleas between man and man are likewife here determined ; though in most of them the king's bench has alfo a concurrent authority . m 4 Inft . 99 . THE THE ...
Чести термини и фразе
action affife aforefaid againſt alfo alſo anſwer antient appear arifing becauſe cafe caſe caufe cauſe chancery Charles Long cofts cognizance commiffion common law common pleas confequence conftitution courſe court of equity damages debt defendant deforcement detinue diffeifin diftreined diſtreſs ecclefiaftical Edward Coke Eliz entry eſtabliſhed faid faid Charles faid Richard faid William fame fatisfaction fecond fhall fheriff fhew fhould fince Finch firſt fome fpecies freehold ftatute ftill fubject fuch fufficient fuit fummon hath himſelf iffue impriſonment Inft injury itſelf judges judgment juftice jurifdiction jurors jury king's bench lands Litt lord the king moſt muſt nufance obferved otherwife party perfon plaintiff plead poffeffion prefent procefs profecution purpoſe queſtion reafon recover redrefs refpect remedy ſhall ſpecial ſpecies ſtated ſuch tenant thefe themſelves theſe thofe thoſe trefpafs treſpaſs trial ufually unleſs uſe uſually verdict Weſtminſter wherein William Kent writ of right
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Страница 313 - And when he that denies or traverses the fact pleaded by his antagonist has tendered the issue, thus, "and this he prays may be inquired of by the country;" or, " and of this he puts himself upon the country ;" it may immediately be subjoined by the other party, " and the said AB doth the like.
Страница 340 - Then shall an oath of the LORD be between them both, that he hath not put his hand unto his neighbour's goods; and the owner of it shall accept thereof, and he shall not make it good.
Страница 2 - ... or the rights of persons; or they are, secondly, such as a man may acquire over external objects, or things unconnected with his person, which are styled " jura rerum,
Страница 350 - ... that he cause to come here, on such a day, twelve free and lawful men, liberos et legales homines, of the body of his county, by whom the truth of the matter may be better known, and who are neither of kin to the aforesaid A nor the aforesaid B, to recognize the truth of the issue between the said parties.
Страница 159 - Evidence, therefore, of the agreement cannot be received without the writing or secondary evidence of its contents : 1. An agreement that by its terms is not to be performed within a year from the making thereof ; 2.
Страница 130 - Such is, lastly, the common writ ad faciendum ct recipiendum, which issues out of any of the courts of Westminster hall, when a person is sued in some inferior jurisdiction, and is desirous to remove the action into the superior court; commanding the inferior judges to produce the body of the defendant, together with the day and cause of his caption and detainer (whence the writ is frequently denominated an habeas corpus cum causa) to do and receive whatsoever the king's court shall consider in that...
Страница 28 - A custom has of late years prevailed of granting letters patent of precedence to such barristers, as the crown thinks proper to honour with that mark of distinction : whereby they are entitled to such rank and pre-audience as are assigned in their respective patents ; sometimes next after the king's attorneygeneral, but usually next after his majesty's counsel then being.
Страница 377 - ... the state, their decisions, in spite of their own natural integrity, will have frequently an involuntary bias towards those of their own rank and dignity ; it is not to be expected from human nature, that the few should be always attentive to the interests and good of the many.
Страница 109 - I am next to consider such injuries as are cognizable by the courts of the common law. And herein I shall for the present only remark that all possible injuries whatsoever that did not fall within the exclusive cognizance of either the ecclesiastical, military or maritime tribunals, are for that very reason within the cognizance of the common law courts of justice; for it is a settled and invariable...