Oxford Studies in Social and Legal History, Volume 4

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Page 146 - ... in conscience, and some man thinketh that if he lake money, and another hath too moche, that he may take part of his with conscience; and so divers men divers conscience; for everie man knoweth not what conscience is so well as you Mr. Doctour." In 1704, Lord Holt, when the question of negotiation of promissory notes was before him spoke of "the mighty ill consequences that it was pretended would ensue by obstructing this course...
Page 72 - It is the refuge of the poor and afflicted; it is the altar and sanctuary for such as against the might of rich men and the countenance of great men cannot maintain the goodness of their cause and truth of their Title.
Page 33 - ... time of bargain. The ancient conception of a creditor's claim in debt as analogous to a real right manifested itself in the rule that a plaintiff must prove at the trial the precise amount to be due which he demanded in his praecipe quod reddat.
Page 44 - I1. 9, &c.), to prove that Paston and June JJ. were merely giving effect to an inclination of their own, only show how slowly the notion of an action for non-feasance made its way. But in the famous case in 1504 (Keilw. 77. 25) Frowyk CJ said : ' If I sell my land, and covenant to enfeoff you and do not, you shall have a good action on the case, and this is adjudged.
Page 21 - Ambiguitas patens is never holpen by averment, and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in law; for that were to make all deeds hollow, and subject to averments, and so in effect, that to pass without deed, which the law appointeth shall not pass but by deed.
Page 98 - ... law, so as to enable the assignee to sue in his own name for a breach thereof, was attributed by Coke to the "wisdom and policy of the founders of our law" in discouraging maintenance and litigation.
Page 27 - Ord. XLVIII. v. I (RSC 1883) empowers the court or judge to order execution to issue for the delivery of a specific chattel, without giving the defendant the option of retaining the same upon payment of its assessed value. 4 P. & M., ii. 175. It is a question whether the executor of the bailor could bring Detinue. In VI. 1 77, appeal is made to equity, and petitioners allege that as they are executors they cannot bring Detinue.
Page 108 - To the Swan beside Seynt Antonyes and there they dronke to gederes upon the saide bargayn atte the coste of the saide Robert Ellesmere '. The agreement was that the petitioner should have the ' termes ' for 40 ; and the parties were to meet subsequently when the price should be paid and a deed made, &c. At the time specified the petitioner offered payment, but Serle refused to seal the writing or deliver up the evidences. In consequence, petitioner has lost his bargain, and, as he has no writing...
Page 109 - There is, however, no conclusive reason for believing that even payment of price was a prerequisite to bringing the subpoena. In fact there are indications which point the other way. We know that at a later date an unpaid vendor might be held a trustee for the purchaser.7 Finally, there are numerous petitions in which it is not asserted that the price is paid, though the complainant usually adds that he stands ready to pay it.8 In conclusion, we may note that in none of the petitions is an appeal...
Page 153 - In one of the cases 6 stated at length above, a promise ' per fidem ' is set forth. It would be venturesome, however, to assert that breach of faith was the sole ground upon which chancery took jurisdiction. It has been argued that if the chancellor proceeded upon this ground, 'equity would give relief upon any and all agreements, even upon gratuitous parol...

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