Reports of Cases Argued and Determined in the High Court of Chancery: And of Some Special Cases Adjudged in the Court of King's Bench [1695-1735], Side 30,Volum 1J. Butterworth and Son, 1826 |
Innhold
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Vanlige uttrykk og setninger
2dly afterwards annuity annum assignment bankrupt bill body bond CELLOR PARKER cited clause common law conveyance copyhold court court of equity covenant creditors daugh daughter death debts declared decree deed defendant devise died Duke Earl Edgley eldest equity estate-tail execution executor executrix father fee-simple feoffment given grant heir at law heirs male House of Lords husband infant intent interest intitled issue male judgment lands lease legacy legatee liable life-time limitation LORD CHAN Lord Chancellor Lord Cowper Lord Keeper Lordship marriage Master ment moiety mortgage opinion paid party payment personal estate plaintiff portion premisses profits purchase real estate reason remainder rent reversion Rolls Salk seised settled settlement shew Sir John Trevor statute statute of distribution surplus tenancy in common term testator's thereof tion trust Vern versus void wife words writ
Populære avsnitt
Side 198 - Because in a great many instances, they can be of no use to the obligee; which holds in all cases of general restraint throughout England; for what does it signify to a tradesman in London, what another does at Newcastle ? and surely it would be unreasonable to fix a certain loss on one side, without any benefit to the other.
Side 202 - In all restraints of trade, where nothing more appears, the law presumes them bad ; but if the circumstances are set forth...
Side 656 - PARKER upon an appeal, his-Lordship reversed the decree; and said, that if I devise a term to A. and if A. die without leaving issue, remainder over, in the vulgar and natural sense, this must be intended if A. die without leaving issue at his death, and then the devise over is good ; that the word [die] being the last antecedent, the words [without leaving issue] must refer to that.
Side 200 - H. 5, fol. quinto; for suppose (as that case seems to be) a poor weaver, having just met with a great loss, should, in a fit of passion and concern, be exclaiming against his trade, and declare, that he would not follow it any more, &c., at which instant, some designing fellow should work him up to such a pitch, as, for a trifling matter, to give a bond not to work at it again, and afterwards, when the necessities of his family, and the cries of his children, send him to the loom, should take advantage...
Side 192 - And we are all of opinion that a special consideration being set forth in the condition, which shows it was reasonable for the parties to enter into it, the same is good ; and that the true distinction of this case is not between promises and bonds, but between contracts with and without consideration...
Side 145 - RG, were parties, and by a recovery suffered in pursuance thereof, the estates were limited to the use of the husband for life, remainder to the wife...
Side 198 - ... Another reason is, the great abuses these voluntary restraints are liable to; as for instance, from corporations, who are perpetually labouring for exclusive advantages in trade, and to reduce it into as few hands as possible; as likewise from masters, who are apt to give their apprentices much vexation on this account, and to use many indirect practices to procure such bonds from them, lest they should prejudice them in their custom, when they come to set up for themselves.
Side 197 - Neither is it a reason against them that they are contrary to the liberty of the subject ; for a man may, by his own consent, for a valuable consideration, part with his liberty; as in the case of a covenant not to erect a mill upon his own lands.
Side 118 - Hill, his intended wife, lawfully to be begotten, and the heirs male of the body of such first son lawfully issuing; and for default of such issue...
Side 198 - ... circumstances either of body or mind, as that he is likely to be a loser by continuing his trade, in this case it will be better for him to part with it for a consideration, that by selling his custom, he may procure to himself a livelihood, which he might probably have lost, by trading longer.