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action aforesaid afterwards annuity appeared appointed aster bail bankrupt bill cafe captors cargo charge charter-party clause command contended contract copyhold Court covenant crown declaration defendant defendant's delivered Demise devise ejectment election entered entitled evidence execution fact fame father fendant freehold Garsdon give given grant heir at law heirs male held Inhabitants intention issue judgment jury Justice King lands lease lessor liable licence Lord Ellenborough C. J. marriage master mayor ment messuages Michaelmas nephews nisi prius nonsuit notice objection officer opinion paid parish party payment person plaintiff plea pleaded port possession premises proceedings question recover remainder rent rule scire facias seised seisin settlement sheriff shew ship South Collingham stat statute statute of frauds surrender tail male taken tenant term testator's tion Tofield trespass trial trustees verdict vicars voyage Warren Foster wife words writ
Page 61 - ... one person being in fault will not dispense with another's using ordinary care for himself Two things must concur to support this action. An obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff.
Page 44 - ... that all bonds, contracts, and assurances whatsoever, made after the time aforesaid, for payment of any principal, or money to be lent or covenanted to be performed upon or for any usury, whereupon or whereby there shall be reserved or taken above the rate of five pounds in the hundred, as aforesaid, shall be utterly void...
Page 432 - ... and were liable either to the Crown or the foreign owner for the safe custody of the vessel : and that on either of these grounds they were warranted in insuring on their own account. As to the first, it is material to see in what situation the captors stood : it is clear they had no vested right ; they could demand nothing of the Crown. Had the Crown made the grant in their favour, it would have been altogether ex gratia, a mere boon and gift.
Page 603 - ... heirs male of the body and bodies of all and every fuch fon and fons lawfully ifluing, the elder of fuch fons,, and the heirs male of his...
Page 213 - 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 714 - East, 60, it was held that one who is injured by an obstruction on a highway, against which he fell, cannot maintain an action, if it appear that he was riding with great violence and want of ordinary care, without which he might have seen and avoided the obstruction.
Page 642 - ... connected covenants, generally of the same import and effect, and directed to one and the same object; and the qualifying language of the one may therefore properly enough be considered as virtually transferred to and included in the other of them. But the covenant for quiet enjoyment is of a materially different import, and directed to a distinct object.
Page 570 - The question is, Whether the plaintiff's dog incurred the penalty of death for running after a hare in another's ground ? And if there be any precedent of that sort, which outrages all reason and sense, it is of no authority to govern other cases.
Page 575 - In that of a man's franchise or privilege whereby he hath a fair, market, or ferry, if another shall use the like liberty, though out of his limits, he shall be liable to an action ; though by grant from the king. But therein is the difference to be taken between a liberty in which the public hath a benefit, and that wherein the public is not concerned.