The Revised Reports: Being a Republication of Such Cases in the English Courts of Common Law and Equity, from the Year 1785, as are Still of Practical Utility. 1785-1866, Volum 100
Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead
Sweet & Maxwell, limited, 1908
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affidavit aforesaid agreed agreement alleged amendment amount appointment arbitrator assigns award bill bill of lading cause of action charter-party Child & Co claim codicil Company contract costs Cottrell count Court court of equity covenant creditors Cresswell Crowder damages death debt declaration deed defendant defendant's delivered demurrage demurrer discharged Dunboyne effect Elsam entitled equity evidence execution executors fact freight George Pettit granted ground Gwennap held husband indenture intended interest Jervis John judgment jury L. J. Ch land lease lessors liable Lord marriage married woman matter Maule mentioned mortgage nitrate of soda opinion paid parties payable payment persons plaintiff plea pleaded possession premises purchase purpose question reason received recover referred rent respect rule statute statute of Anne tenant testator therein thereof Thomas Barber Johnson trover trust verdict Vict warranty William witness words
Side 871 - December, 1838, 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...
Side 872 - ... receipt of the rent and no person entitled under such instrument shall have been in such possession or receipt then such right shall be deemed to have first accrued at the time at which the person claiming as aforesaid or the person through whom he claims became entitled to such possession or receipt by virtue of such instrument.
Side 293 - ... to a certainty, and the object of the suit attained so far as it can be at that stage; and it would be useless and vexatious to subject the defendant to another suit for the purpose of obtaining the same result. Hence the legal maxim, transit in rem judicatam, the cause of action is changed into matter of record, which is of a higher nature, and the inferior remedy is merged in the higher.
Side 280 - Next follows a general provision, in section 14, that " whenever any book or other document is of such a public nature as to be admissible in evidence on its mere production from the proper custody, and no statute exists which renders its contents provable by means of a copy, any copy thereof or extract therefrom shall be admissible...
Side 871 - ... when the person claiming such land or rent, or some person through whom he claims, shall, in respect of the estate or interest claimed, have been in possession or in receipt of the profits of such land, or in receipt of such rent...
Side 242 - Signed sealed published pronounced and declared by the said William Hamilton as his last will and testament in the presence of us who in his presence and in the presence of each other have hereunto subscribed our names.
Side 532 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto...
Side 147 - ... make, do and Execute, or cause or procure to be made, done and executed, all and every such further and other lawful and reasonable acts...