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action admitted afterwards allowed appears appointed argued argument assigned authority bill Bishop brought Burr cause charge cited claim common condition consideration considered contract Court Crown death debt defendant determined devise directed East election entered entitled equity escheat evidence execution fact give given granted ground heir held indictment intent interest issue John Judges judgment jury justice King King's land lease limitation Lord MANSFIELD mandamus matter mean ment nature necessary never notice objection opinion original paid party person plaintiff plea pleaded possession present printing prove question reason recover respect rule says settlement shew ship statute sufficient supposed tail taken tenant Term thing tion trial trust University unless verdict visitor void whole wife witness writ
Page 504 - That the party who ap'plies has been guilty of no neglect. 3. That the witness can be had at the time to which the trial is deferred.
Page 184 - If a mortgagor die without heir, — shall the mortgagee hold the land free ? I answer, Shall it escheat to the Crown ? No, because in that case the lord has a tenant to do his services ; and that is the whole he is entitled to in law and equity. What the justice might be between the mortgagee and executor I shall not trouble myself about. I think the Crown has not an equity on which to sue a subpoena.
Page 407 - In establishing a title upon a pedigree, where it may be necessary to lay a branch of the family out of the case, it is sufficient to show, that the person has not been heard of for many years, to put the opposite party upon proof that he still exists.
Page 349 - ... where the death of the deceased is the subject of the charge, and the circumstances of the death the subject of the dying declarations (2).
Page 379 - ... the subject of his will, mixes in his disposition property that belongs to another person, or property as to Which another person has a right, to defeat his disposition, giving to that person an interest by his will ; that person shall not be permitted to defeat the disposition where it is in his power, and yet take under the will; the reason is the implied condition that he shall not take both...
Page 407 - I. c. 11.) the presumption of the duration of life, with respect to persons of whom no account can be given, ends at the expiration of seven years from the time when they were last known to be living.
Page 595 - ... at and for the sum of 10/. a year, at the least, for the term of one whole year ; nor unless such house or building, or...
Page 358 - The statute provides that no action shall be brought whereby to charge the defendant upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement or some memorandum or note thereof shall be in writing...