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" It is a rule in law, when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail; that always in such cases, 'the heirs'... "
Reports of Cases Argued and Determined in the Court of King's Bench: With ... - Seite 812
von Great Britain. Court of King's Bench - 1833
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A Practical Abridgment of American Common Law Cases Argued and ..., Band 8

Jacob D. Wheeler - 1836 - 624 Seiten
...ROGERS T, ROGERS, 3 ib. 51-1. The rule in Shelly's case, ie, " where the ancestor by way W01!j"jln'e of gift or conveyance, takes an estate of freehold and in the same tlie wil! . J ' !• i • must give •gift or conveyance, an estate is limited, either mediately...
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Regulations Governing the Execution of Leases of Indian Allotments on the ...

United States. Bureau of Indian Affairs - 1837 - 330 Seiten
...Litt., 223a.) Hence the rule in the famous case of Shelley, (1 Co. R. 9.;) which was, " that • when the ancestor, by any gift or conveyance, ' takes an...the same gift or ' conveyance an estate is limited mediately, or im' mediately, to his heirs, or the heirs of his body, ' that the words ' heirs, "&c....
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An Essay on the Law of Descents: With an Appendix on the Distribution of the ...

Charles Watkins - 1837 - 336 Seiten
...the heirs shall be in BY DESCENT. As, "when the ancestor, by any gift or con- Limitation to veyance, takes an estate of freehold, and in the same gift or conveyance an estate is limited, either Vlde post' mediately or immediately, to his heirs, in fee or in tail, the words " the heirs," are WORDS...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Band 50

Great Britain. Court of Exchequer, Robert Philip Tyrwhitt, Thomas Colpitts Granger - 1837 - 1230 Seiten
...adopted by Fearne, 7th edit. p. 29, who, after quoting the passage from Rol. Abr. says, that " whenever the ancestor, by any gift or conveyance, takes an estate of freehold, and there is afterwards in the same gift or conveyance a limitation to his right heirs or heirs in tail,...
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Principles of Conveyancing

Charles Watkins, Henry Hopley White - 1838 - 596 Seiten
...ancestor so taking the freehold ; and, therefore, is not contingent or in abeyance. And also, wherever the ancestor by any gift or conveyance takes an estate of freehold, and there is afterwards, in the same gift or conveyance, a limitation to his right heirs or heirs in tail,...
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New Commentaries on the Laws of England: (Partly Founded on Blackstone).

Henry John Stephen - 1841 - 626 Seiten
...(a). This rule is propounded in Lord Coke's Reports in the following form — that wherever a man, by any gift or conveyance, takes an estate of freehold,...mediately or immediately, to his heirs in fee or in tail, the word heirs is a word of limitation, and not of pnrchase(b). In other words, it is to be understood...
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Reports of Cases Argued and Determined in the Court of ..., Seite 40,Band 4

Great Britain. Court of King's Bench - 1842 - 812 Seiten
...thus stated ; " When the ancestor, by any gift or conveyance, passes an estate of freehold, and ill the same gift or conveyance, an estate is limited,...mediately or immediately, to his heirs in fee or in tail, that always in such cases the heirs are words of limitation of the estate, and not words of purchase,"...
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Reports of Cases at Law and in Equity, Argued and Determined in the ..., Band 5

Alabama. Supreme Court - 1844 - 896 Seiten
...relied on is an ancient canon of the common law, known as the rule in Shelly's case. [1 Rep. 93.] "Where the ancestor, by any gift or conveyance, takes an...mediately or immediately to his heirs in fee or in tail, the terms heirs are words of limitation and not words of purchase." The effect produced by the rule...
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American Law Magazine, Band 4

1845 - 490 Seiten
...of the body of such heirs male.i The rule in that case was defined to be "a rule of law, that when the ancestor by any gift or conveyance takes an estate...mediately or immediately to his heirs in fee or in tail, that always, in such cases, the heirs are words of limitation of the estate, and not words of purchase."...
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An Essay on the Learning of Contingent Remainders and Executory Devises, Band 1

Charles Fearne, Charles Butler - 1845 - 584 Seiten
...likewise, wherever 1 Inst. 22, b. body, this is not a contingent remainder to the heir of the body 417. the ancestor by any gift or conveyance takes an estate of freehold, and there is afterwards in the same gift or conveyance a limita1 Rep. 104. ti on t on i s right heirs,...
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