The Law of Limitation as to Real Property: Including that of the Crown and the Duke of Cornwall. With Appendix of Statutes |
From inside the book
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Page 2
... presumption is , that one who possesses for a long course of time , possesses by a just right , and that the old proprietor was duly denuded . And that one who ceases to make use of his right for a long term of years has renounced it ...
... presumption is , that one who possesses for a long course of time , possesses by a just right , and that the old proprietor was duly denuded . And that one who ceases to make use of his right for a long term of years has renounced it ...
Page 3
... presumptions and favours , on the side of persons in possession , should be granted to defend and confirm their right , though attributed to other causes than the bare time itself . For though pure natural reason , and the agreement of ...
... presumptions and favours , on the side of persons in possession , should be granted to defend and confirm their right , though attributed to other causes than the bare time itself . For though pure natural reason , and the agreement of ...
Page 37
... presumption that the party might stand upon his possession alone . It cer- tainly would have been incongruous to preserve the old prerogative , that the king was in possession , whilst the act gives a title by adverse possession , and ...
... presumption that the party might stand upon his possession alone . It cer- tainly would have been incongruous to preserve the old prerogative , that the king was in possession , whilst the act gives a title by adverse possession , and ...
Page 43
... presumption arising from the acts of other persons I think it ought to have the same force against the church as against private persons .. But nothing is to be presumed from the laches of the church in their not claiming . " or ...
... presumption arising from the acts of other persons I think it ought to have the same force against the church as against private persons .. But nothing is to be presumed from the laches of the church in their not claiming . " or ...
Page 48
... presumption of a legal grant of the tithes to the owner of the lands . The principle applicable to the corporeal possessions of the clergy seems , however , to be equally applicable to prescriptive rights claimed as well in , upon , or ...
... presumption of a legal grant of the tithes to the owner of the lands . The principle applicable to the corporeal possessions of the clergy seems , however , to be equally applicable to prescriptive rights claimed as well in , upon , or ...
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Other editions - View all
The Law of Limitation As to Real Property: Including That of the Crown and ... William Brown No preview available - 2017 |
The Law of Limitation As to Real Property: Including That of the Crown and ... William Brown No preview available - 2023 |
Common terms and phrases
9 Geo acquired action adverse adverse possession advowsons alienation applied arrears Att.-Gen barred Beav Bing cestui que trust claimant claimed by prescription common law court of equity Court Sess Crown custom duchy duchy of Cornwall Duke of Cornwall easement effect enjoyment entitled equity evidence exclusive exercise fee simple fishery free fishery grant Hale heir hereditaments Inst interest Jure Maris king land lease legal memory Litt Lord manor ment modus mortgagee mortgagor nature owner ownership payment period plaintiff Plowd posses possession possessor prerogative prescriptive rights presumed presumption primâ facie profits reign relation remedy rent respect right of fishing river Roman law Sect seisin session sion soil Statute of Limitations supra tenant tenements term things corporeal tion tithes trespass twenty usucaption Vict Wightw writ of right writs
Popular passages
Page 675 - 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.
Page 769 - December, 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Page 770 - ... when the person claiming such land or rent shall claim in respect of an estate or interest in possession granted, appointed, or otherwise assured by any instrument (other than a will) to him, or some person through whom he claims, by a person being in respect of the same estate or interest in the possession or receipt of the profits of the land, or in the receipt of the rent...
Page 778 - ... unless in the meantime some part of the principal money, or some interest thereon, shall have been paid, or some acknowledgment of the right thereto shall have been given in writing, signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto, or his agent; and in such case, no such action or suit or proceeding shall be brought but within twenty years after such payment or acknowledgment, or the last of such payments or acknowledgments, if more than one,...
Page 778 - December, one thousand eight hundred and thirty-three, no arrears of rent or of interest in respect of any sum of money charged upon or payable out of any land or rent, or in respect of any legacy, or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit but within six years next after the same respectively shall have become due...
Page 769 - That the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this Act, except where the nature of the provision or the context of the Act shall exclude such construction, be interpreted as follows; (that is to say), the word "will...
Page 769 - ... every word importing the singular number only shall extend and be applied to several persons or things as well as one person or thing ; and every word importing the masculine gender only shall extend and be applied to a female as well as a male.
Page 768 - That the time during which any person otherwise capable of resisting any claim to any of the matters before mentioned shall have been or shall be an infant, idiot, non compos mentis, feme covert, or tenant for life, or during which any action or suit shall have been pending, and which shall have been diligently prosecuted until abated by the death of any party or parties thereto, shall be excluded in the computation of the periods hereinbefore mentioned, except only in cases where the right or claim...
Page 775 - ... redemption shall have been given to the mortgagor, or some person claiming his estate, or to the agent of such mortgagor or person, in writing signed by the mortgagee or the person claiming through him...
Page 765 - ... no Act or other matter shall be deemed to be an interruption, within the meaning of this statute, unless the same shall have been or shall be submitted to, or acquiesced in for one year after the party interrupted shall have had or shall have notice thereof, and of the person making or authorizing the same to be made.