A Treatise on the Statute of Frauds: As it Regards Declarations in Trust, Contracts, Surrenders, Conveyances, and the Execution and Proof of Wills and Codicils. To which is Prefixed a Systematic Dissertation Upon the Admissibility of Parol and Extrinsic Evidence, to Explain and Controul Written InstrumentsI. Riley and Company and, 1807 - 470 páginas |
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... Lord Redesdale in the same great case of Clinan v . Cooke . As I may , perhaps , be judged to have used too much boldness in commenting upon the largeness of Lord Mansfield's doctrine in his views of this great Statute , I am glad to ...
... Lord Redesdale in the same great case of Clinan v . Cooke . As I may , perhaps , be judged to have used too much boldness in commenting upon the largeness of Lord Mansfield's doctrine in his views of this great Statute , I am glad to ...
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... Lord Mansfield , in giving judg ment , observed , that " if the wife had died without making an appointment , it would have been a trust , and would have devolved on the court , who must have been governed by the statute of ...
... Lord Mansfield , in giving judg ment , observed , that " if the wife had died without making an appointment , it would have been a trust , and would have devolved on the court , who must have been governed by the statute of ...
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... Lord Mansfield declared his opinion to be , that this Statute was not , as had been generally sup- posed , drawn by Lord Hale , any further than per- haps by his leaving some loose notes , which were af- terwards unskilfully digested ...
... Lord Mansfield declared his opinion to be , that this Statute was not , as had been generally sup- posed , drawn by Lord Hale , any further than per- haps by his leaving some loose notes , which were af- terwards unskilfully digested ...
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... Lord Alvanley . ( i ) Any distinction be- tween the courts of law and equity , in construing the Statute , was ... Mansfield , who , in the case of Anstey v . Marden , 1 New Rep . 132 , has declared , that , upon general principles , no ...
... Lord Alvanley . ( i ) Any distinction be- tween the courts of law and equity , in construing the Statute , was ... Mansfield , who , in the case of Anstey v . Marden , 1 New Rep . 132 , has declared , that , upon general principles , no ...
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... Lord Camden his defence of the testamentary clauses against the censure of Lord Mansfield . " The design of the Statute , " said that eminent Judge , was to prevent wills which ought not to have been made , and al- ways operates ...
... Lord Camden his defence of the testamentary clauses against the censure of Lord Mansfield . " The design of the Statute , " said that eminent Judge , was to prevent wills which ought not to have been made , and al- ways operates ...
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A Treatise on the Statute of Frauds: As It Regards Declarations in Trust ... William Roberts, Sir Sin vista previa disponible - 2016 |
Términos y frases comunes
according admission admitted aforesaid afterwards agreed agreement ambiguity appears attested bill charge chattels circumstances clause codicil collateral common law consideration considered contract conveyance copyhold courts of equity debt declared deed defendant delivery devise disposition distinction doctrine effect executed executor express extrinsic evidence freehold given granted ground held instrument intention interest judges lands lease legacy legatee lessee letters of administration Lord Chancellor Lord Hardwicke Lord Macclesfield Lord Mansfield Lord Thurlow Lordship marriage ment mortgage non-commissioned officer nuncupative observed officer of marines operation opinion parol evidence part-performance party pass payment performance perjuries personal estate petty officer plaintiff presence presumption proctor promise proof proved purchase question real estate rent respect rule seaman seems signed statute of frauds sufficient surrender tenant tenements term testamentary testator's thereof thing three witnesses tion trust tute unless void warrant or petty words writing written
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Página 222 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Página 134 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Página 91 - June 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.
Página 134 - ... or any interest in or concerning them; 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...
Página 250 - That all leases, estates, interests of freehold, or terms of years, or any uncertain interest, of, in, to or out of any messuages, manors, &c. made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorised by writing, shall have the force and effect of leases or estates at will only...
Página 316 - Such colonists carry with them only so much of the English law as is applicable to their own situation and the condition of an infant colony ; such, for instance, as the general rules of inheritance; and of protection from personal injuries.
Página 134 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Página 250 - Except nevertheless all leases not exceeding the term of three years from the making thereof, whereupon the rent reserved to the landlord, during such term, shall amount unto two third parts at the least of the full improved value of the thing demised.