Reports of Cases Argued and Determined in the Court of King's Bench: With Tables of the Names of Cases and Principal Matters, Volume 11

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Page 70 - The question for the opinion of the court was, whether the plaintiffs were entitled to recover back the money so paid to the defendants.
Page 40 - They are accessories necessary to the enjoyment of the principal. The owner erected them for the benefit of the inheritance." Upon this principle, he considered them as belonging to the heir, as parcel of the inheritance, for the enjoyment of which they were made, and not as belonging to the executor, as the means or instrument of carrying on a trade.
Page 38 - H. 7, 13, a and b, which was the case of trespass against executors for removing a furnace fixed with mortar by their testator and annexed to the freehold, and which was holden to be wrongfully done, it is laid down, that "if a lessee for years...
Page 146 - rule of law is, that where any act is " required to be done on the one part, so that the party neglecting it would be guilty " of a criminal neglect of duty in not having done it, the law presumes the affirmative, " and throws the burden of proving the contrary, that is, in such case of proving a "negative, on the other side.
Page 73 - If this were the case of factor and principal merely, I should find great difficulty in saying that it did. But here Fritzing may in reality be considered as the vendor. For the name of the original owner was never made known to the bankrupt. There was no privity between them ; but the goods were purchased and the bills drawn in Fritzing's own name ; and therefore he stands in the situation of vendor as to Browne.
Page 29 - ... foundation was in the ground. The defendant previous to the expiration of his lease pulled down the erections, dug up the foundations, and carried away the materials ; leaving the premises in the same state as when he entered upon them.

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