 It is a rule in law, when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail; that always in such cases, 'the heirs'...  The Law Student's Helper - Page 891903Full view - About this book
 | Owen Davies Tudor - 1856 - 942 pages
...been adhered to more inflexibly, than that which is termed the rule in Shelley's Case, viz. that rvhen the ancestor by any gift, or conveyance takes an estate...in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail, in such cases " the heirs' are words... | |
 | Georgia. Supreme Court - 1857 - 972 pages
...the will within the rule in Shelly's case, that rule being as follows : " That it is a rule of law, when the ancestor, by any gift or conveyance, takes...the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs in, for or in tail ; that always, in such cases, (the... | |
 | 1857 - 386 pages
...legal memory of man. The rule was stated by one of the counsel in argument in these words — " Where the ancestor by any gift or conveyance takes an estate...freehold, and in the same gift or conveyance an estate ia limited either mediately or immediately to his heirs, in fee or in tail, in such cases ' the heirs... | |
 | 1858 - 250 pages
...PROPOSITIONS. {Continued from p. 118.) RULE IN SHELLEY'S CASE.— 1. This rule (1 Co. Rep. 93 b.) is, that when the ancestor by any gift or conveyance takes...in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail, in such cases "the heirs" are words... | |
 | Joshua Williams - 1859 - 496 pages
...every instance; and this rule is no other than the rule in Shelley's case, which lays it down for law, that when the ancestor, by any gift or conveyance,...the same gift or conveyance, an estate is limited, either mediately or immediately, to his heirs in fee or in tail, the words " the heirs" are words of... | |
 | Hiram Denio - 1859 - 652 pages
...admission of the strength of the rule, and of its security against judicial attack. That rule is, " that when the ancestor, by any gift or conveyance,...the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs in fee, or in tail, that always in such cases, ' to his... | |
 | Illinois. Supreme Court - 1917 - 722 pages
...applied by the courts for more than two hundred years. The rule as stated by Coke (vo1. 1, 104(7,) is, that 'when the ancestor by any gift or conveyance...the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs in fee or in tail, that always in such cases 'the heirs'... | |
 | Illinois. Supreme Court - 1909 - 862 pages
...supra. The rule in Shclly's case, as stated in Baker v. Scott, supra, is, that "where the ancestor takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs, either in • fee or in tail, the heirs are words of... | |
 | Henry John Stephen - 1863 - 812 pages
...case(i). This rule is propounded in Lord Coke's Reports in the following form—that wherever a man by any gift or conveyance takes an estate of freehold,...in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail, the word heirs is a word of limitation,... | |
 | Massachusetts. Supreme Judicial Court - 1864 - 484 pages
...lifetime of the ancestor. (5) To prevent these inconveniences, the rule in Shelfy's case was adopted — " When the ancestor, by any gift or conveyance, takes...the same gift or conveyance, an estate is limited, either mediately or immediately, to his heirs, in fee or in tail, in such cases, the words Aw heirs... | |
| |
