Reports of Cases Argued and Determined in the Court of King's Bench ... and in the Bail Court: With a Table of the Names of Cases and a Digest of the Principal Matters, Volume 1; Volume 55Henry Butterworth, 1836 - Civil procedure |
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Page 625
... lease be granted by a mort- mortgage , the mortgagee has the REPLEVIN . The defendant avowed the taking as a distress for rent , due from the plaintiff to the defendant ; and averred that it became due gagor prior to the on the 20th May ...
... lease be granted by a mort- mortgage , the mortgagee has the REPLEVIN . The defendant avowed the taking as a distress for rent , due from the plaintiff to the defendant ; and averred that it became due gagor prior to the on the 20th May ...
Page 626
... lease , the best rent that could be gotten for the same , without taking any premium for the making thereof : and so as there should be con- tained in any such lease , a condition for re - entry on non - payment of the rent for the ...
... lease , the best rent that could be gotten for the same , without taking any premium for the making thereof : and so as there should be con- tained in any such lease , a condition for re - entry on non - payment of the rent for the ...
Page 627
... lease dated 17th September , 1831 , made between the said Elizabeth Rogers of the one part , and the plaintiff of the other part , after reciting the said indentures of 24th and 25th September , 1830 , the said Elizabeth Rogers , by ...
... lease dated 17th September , 1831 , made between the said Elizabeth Rogers of the one part , and the plaintiff of the other part , after reciting the said indentures of 24th and 25th September , 1830 , the said Elizabeth Rogers , by ...
Page 628
... lease . The defendant's counsel objected that the issue roll in that eject- ment was not evidence as against him ... lease prior to the mortgage , and arrears of rent due ; and also what they are where there is a lease subsequent to the ...
... lease . The defendant's counsel objected that the issue roll in that eject- ment was not evidence as against him ... lease prior to the mortgage , and arrears of rent due ; and also what they are where there is a lease subsequent to the ...
Page 629
... lease is neither prior nor subsequent to the HUMPHREYS . mortgage , but is in point of law contemporaneous with it ; for though the lease is not in fact made until September , 1831 , nearly a year after the mortgage , yet as the lease ...
... lease is neither prior nor subsequent to the HUMPHREYS . mortgage , but is in point of law contemporaneous with it ; for though the lease is not in fact made until September , 1831 , nearly a year after the mortgage , yet as the lease ...
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Common terms and phrases
Act of Parliament action Adol affidavit afterwards agreement alleged allocatur amount appears application appointed assignees assumpsit attestation attorney award Bail Court Bank Bank of England bankrupt bankruptcy Barn bill Branch Bank certiorari claim Coleridge contended contract conviction costs count Court of Requests Cress custody damages debt declaration deed defendant demurrer discharged Dowl ejectment entitled evidence execution executor fact given granted ground Held highway Hungerford Market indenture indictment indorsed Interpleader issue judge judgment jurisdiction jury justices King's Bench land lease LITTLEDALE Lord DENMAN Lord Tenterden mandamus matter ment mortgage nonsuit notice nuisance objection occupiers opinion paid parish party PATTESON pauper payment person plaintiff plea pleaded possession premises question rent roads Rogers Rolph rule nisi Samuel Revell seal Sessions Sheriff show cause statute Statute of Anne sufficient tenant term tion trial verdict vessel witnesses words writ
Popular passages
Page 770 - ... the same shall be specially alleged and set forth in answer to the allegation of the party claiming, and shall not be received in evidence on any general traverse or denial of such allegation.
Page 700 - Demurrer joined, be judged insufficient. Costs shall be given at the Discretion of the Court, or if a Verdict shall be found upon any Issue in the said Cause for the Plaintiff or Demandant, Costs shall be also given in like Manner, unless the Judge who tried the said Issue shall certify, that the said Defendant or Tenant, or Plaintiff in Replevin had a probable Cause to plead such Matter, which upon the said Issue shall be found against him.
Page 774 - It seems, therefore, that the 'enjoyment as of right' must mean an enjoyment had, not secretly or by stealth, or by tacit sufferance, or by permission asked from time to time, on each occasion or even on many occasions of using it; but an enjoyment had openly, notoriously, without particular leave at the time, by a person claiming to use it without danger of being treated as a trespasser, as a matter of right, whether strictly legal, by prescription and adverse user or by deed conferring the right,...
Page 687 - Defendant afterwards, under leave, reserved at the trial, moved for and obtained a rule to show cause why the verdict should not be set aside...
Page 717 - ... to commit the offender to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour...
Page 770 - ... such period of twenty years ; but nevertheless such claim may be defeated in any other way by which the same is now liable to be defeated...
Page 646 - Pleas, calling upon the plaintiff to show cause why the verdict should not be set aside...
Page 638 - Exchequer, respectively, together with sixteen attorneys or solicitors, be appointed by a rule of court in every year, to be examiners for one year, any five of whom (one whereof to be one of the said masters...
Page 715 - Majesty's superior courts of record ; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.
Page 770 - Act, it would have been necessary to allege the right to have existed from time immemorial, it shall be sufficient to allege the enjoyment thereof as of right by the occupiers of the tenement, in respect whereof the same is claimed, for and during such of the periods mentioned in...