Principles of Conveyancing: Designed for the Use of Students; with an Introduction on the Study of that Branch of Law, Volum 3

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Side xx - Writing, shall have the Force and Effect of Leases or Estates at Will only, and shall not either in Law or Equity be deemed or taken to have any other or greater Force or Effect ; any Consideration for making any such Parol Leases or Estates, or any former Law or Usage to the contrary notwithstanding.
Side 84 - A defeazance is a collateral deed, made at the same time with a feoffment or other conveyance, containing certain conditions, upon the performance of which the estate then created may be defeated or totally undone.
Side ix - Under such circumstances, who is to know when he is right, or when he is wrong ? If conclusions from unquestionable principles are to be overthrown in the last stage of a suit, by private memoranda, who can hope to become acquainted with the laws of England ; and who that retains any portion of rationality would...
Side ix - Is the law of England to depend upon the private note of an individual, and to which an individual can only have access ? Is a Judge to say — ' Lo ! I have the law of England, on this -point, in my pocket. Here is a note of the case, which contains an exact statement of the whole facts, and the decision of my Lord A. or my Lord B. upon them. He was, a great, a very great man. I am bound by his decision. All you have been reading was erroneous. The printed books are inaccurate. I cannot go into...
Side xii - By the feudal law, the freehold could not be vacant, or, as it was termed, in abeyance. There must have been a tenant to fulfil the feudal duties or returns, and against whom the rights of others might be maintained. If the tenancy once became vacant, though but for one instant, the lord was warranted in entering on the lands ; and the moment the particular estate ended by the cession of the...
Side 82 - ... to A for life, remainder to B for life, remainder to C for life, and so on for as many different lives as he chooses ; provided the whole trust term must end with the death of the survivor of the two lives.
Side ix - Lo! I have the law of England, on this point, in my pocket. Here is a note of the case, which contains an exact statement of the whole facts, and the decision of my Lord A. or my Lord B. upon them. He was a great, a very great, man. I am bound by his decision. All you have been reading was erroneous. The printed books are inaccurate. I cannot go into principle. The point is settled by this case.
Side 40 - T! £. for ever; and as for and concerning the, &c. to the Ufe of the Heirs of the Body of the faid...
Side 94 - W* .That from henceforth any eftate pur outer vie (hall be devifable ,£oeo!zc xo*. by a will in writing, figned by the party fo devifing the fame, or f.9. by fome other perfon in his prefence and by his exprefs directions, attefted and fubfcribed in the prefence of the devifor by three or more witnefles...
Side viii - All infidels are in law perpetui inimici, perpetual enemies (for the law presumes not that they will be converted, that being remota potentia, a remote possibility) for between them, as with the devils, whose subjects they be, and the Christian, there is perpetual hostility, and can be no peace; for as the Apostle said, 2 Cor.

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