The English Reports: House of Lords (1677-1865), Volumen11W. Green, 1901 |
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advowson Appellant apply appointed argument barony by tenure Berkeley bill charge Church of England claim clause codicil considered construction construed contract conveyance Court of Chancery Court of Equity Court of Exchequer covenant creditors Crown Dean and Canons death decision declared decree deed Defendant devise domicile doubt Dresser Earl effect eldest male lineal England entitled estate tail evidence Exchequer Chamber executed executors favour fee simple gift give given grant heirs held House husband indenture intention interest issue judgment King Knight-service lands learned friend learned Judges lease legacies liable Lord Chancellor Lord Eldon Lords Justices Lordships male lineal descendant marriage meaning mortgage noble and learned Norrbom opinion paid Parliament parties payment Plaintiff Poor Knights possession question remainder rents and profits Respondent River Wandle rule serjeanty settlement statute summoned supposed tail male tenant testator's trustees wife words writ writ of summons
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Página 389 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Página 377 - The matters to be established for the estate of the king and of his heirs, and for the estate of the realm and of the people, should be treated, accorded, and established in Parliament, by the king and by the assent of the prelates, earls, and barons, and the commonalty of the realm, according as had been before accustomed.
Página 159 - That if any person, being married, shall marry any other person during the life of the former husband or wife,' whether the second marriage shall have taken place in England or elsewhere, every such offender, and every person counselling aiding or abetting such offender, shall be guilty of felony...
Página 355 - Berkeley) for life ; remainder to his first and other sons successively in tail male ; remainder to...
Página 143 - is the language of the law. Though he may use the water while it runs over his land, he cannot unreasonably detain it, or give it another direction, and he must return it to its ordinary channel when it leaves his estate. Without the consent of the adjoining proprietors, he cannot divert or diminish the quantity of water which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above, without a grant or an uninterrupted enjoyment of twenty years, which...
Página 160 - ... provided always that nothing herein contained shall extend to any second marriage contracted out of England by any other than a subject of his majesty, or to any person marrying a second time, whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time, or shall extend to any person who at the time of...
Página 207 - Hall, that in construing wills, and indeed statutes and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity, or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency, but no further.
Página 519 - The jurisdiction is founded on the principle of correcting abuses of confidence, and I shall have no hesitation in saying it ought to be applied, whatever may be the nature of the confidence reposed, or the relation of the parties between whom it has subsisted.
Página 323 - CRANWORTH. My lords, I concur with my noble and learned friend in thinking that the rule of law was correctly stated by Mr. Justice Blackburn in delivering the opinion of the Exchequer Chamber. If a person brings, or accumulates, on his land anything which. if it should escape, may cause damage to his neighbor, he does so at his peril.
Página 151 - I take it, that twenty years' exclusive enjoyment of the water, in any particular manner, affords a conclusive presumption of right in the party so enjoying it, derived from grant or act of parliament.