The Law of Baron and Femme, of Parent and Child, Guardian and Ward, Master and Servant, and of the Powers of Courts of Chancery: With an Essay on the Terms, Heir, Heirs, and Heirs of the Body

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Banks, Gould, 1846 - Domestic relations - 466 pages
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Page 454 - And the reason is, because tenant " in tail holds of him in the reversion, and " he of the chief lord. If a man makes " a feoffment in fee to the use of himself " for life, remainder to his first son, &c. " in tail, remainder to himself and the heirs " male of his body, remainder to himself
Page 291 - But when the punishment is in their opinion thus unreasonable, and it appears that the parent acted malo animo, from wicked motives, under the influence of an unsocial heart, he ought to be liable to damages. For error of opinion he ought to be excused; but for malice of heart, he must not be shielded from the just claims of the child.
Page 78 - ... of the crime itself, as because the husband, having broken through the most sacred tie of social community by rebellion against the state, has no right to that obedience from a wife, which he himself as a subject has forgotten to pay. In...
Page 206 - A marriage, procured without a contract, can never be deemed valid. There is no more reason for sanctioning a marriage procured by fraud, than one procured by force and violence. The consent is as totally wanting, in view of the law, in the former, as in the latter case.
Page 290 - ground on which this ought to be placed, "I apprehend, is that the parent ought to be considered "as acting in a judicial capacity when he corrects, and, of "course, not liable for errors of opinion.
Page 455 - Shelley's case of a limitation to the use of A. " for life, remainder to the use of his heirs and of their heirs female, was the " only one to the contrary, and in that case the word "heirs" must be a " description of the persons, in order to let in the limitation to the heirs
Page 361 - Salk. 282, as a general position, ' that no master is chargeable with the acts of his servant, but when he acts in the execution of the authority given him.' Now, when a servant quits sight of the object for which he is employed, and, without having in view his master's orders, pursues that wbich his own malice suggests,, he no longer acts in pursuance of the authority given him, and, according to the doctrine of Lord Holt, his master will not be auswerable for such act.
Page 364 - that the innkeeper's liability very closely resembles that of a carrier. He is prima facie liable for any loss not occasioned by the act of God or the king's enemies; although he may be exonerated where the guest chooses to have his goods under his own care.
Page 449 - in any instrument, if a freehold be limited to the ancestor for life, and the inheritance to his heirs, either mediately or immediately, the first taker takes the whole estate.
Page 231 - That all such gifts, grants or deeds made by infants, which do not take effect by delivery of his hand, are void ; but all gifts, grants or deeds made by infants, by matter in deed or in writing, which do take effect by delivery of his hand, are voidable by himself, by his heirs, and by those who have his estate.

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