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act of parliament action admitted affidavit aforesaid afterwards appears applied appointment Ashhurst assignment attorney bankrupt barratry bills of exchange borough Buller certificate cited common law considered contended contract counsel Court Court of Chancery covenant creditors debt declaration deed defendant defendant's devise devisor discharged entitled evidence execution executor expressly fraud given granted Grose ground heirs held Heneage indictment indorsed intention issue judgment jurisdiction jury justices Legislature lessor liable Lord Coke Lord Kenyon Lord Mansfield lord the king master ment nonsuit objection officers opinion oyer and terminer paid parish party pauper payment penalties person plaintiff plea pleaded proceedings prove question rateable recover remainder respect Richard Willis Robert Willis settlement sheriff shew cause ship statute statute of Anne sued taken tenants testator tion tolls trial trustees verdict vested warrant whole wife words writ Yandell
Page 329 - Because no man shall be permitted to take the chance of committing a fraud, without running any risk of losing by the event, when it is detected.
Page 784 - Corn, fish, salt, fruit, flour, and seed are warranted free from average, unless general, or the ship be stranded — sugar, tobacco, hemp, flax, hides and skins are warranted free from average, under five pounds per cent, and all other goods, also the ship and freight, are warranted free from average, under three pounds per cent unless general, or the ship be stranded.
Page 95 - Parliament ? this is the difference, viz., where H. covenants not to do an act or thing which was lawful to do, and an Act of Parliament comes after, and compels him to do it, the statute repeals the covenant; so, if H. covenants to do a thing which is lawful, and an Act of Parliament comes in and hinders him from doing it, the covenant is repealed.
Page 341 - ... it has been found productive of great expense to send the parties to the other side of the hall, wherever this court have seen that the justice of the case has been clearly with the plaintiff, they have not turned him round upon this objection. Then if this court will take notice of a trust, why should they not of an equity? It is certainly true that a chose in action cannot strictly be assigned, but this court will take notice of a trust, and see who is beneficially interested.
Page 178 - And lastly, it is hereby declared and agreed by and between the said parties to these presents, that in case the said...
Page 711 - M. and the heirs male of the body of such daughter or daughters equally between them, if more than one, as tenants in common, and not as joint tenants; and...
Page 683 - The plaintiff therefore was nonsuited ; but he had leave to move to set aside the nonsuit, and enter a verdict for him, if the Court should be of a different opinion.
Page 517 - ... so as they take the same •within such times as are before limited, after their coming to or being of full age, discovert, of sane memory, at large, and returned from beyond the seas, as other persons having no such impediment should have done (6).
Page 839 - C., for life ; remainder to trustees to preserve contingent remainders ; remainder to the first and other sons of the said Lord C.