 | Joshua Williams - Real property - 1845 - 458 pages
...possession. This part of the rule is, in fact, a mere enunciation of the proposition already explained, that, when the ancestor, by any gift or conveyance, takes an estate for life, and, in the same gift or conveyance, an estate is immediately limited to his heirs in fee... | |
 | George Spence - Civil procedure - 1846 - 708 pages
...in other respects from this construction, it has been established *- •* from a very early period, that when the ancestor by any gift or conveyance takes..." the heirs" are words of limitation of the estate (i), and not words of purchase; in other words, that the heirs take by descent. The effect of this... | |
 | New Jersey. Court of Chancery - Equity - 1846 - 624 pages
...his legal heirs at law." This devise comes clearly within the rule in /S/ielly's cose, (I Co. 104.) "When the ancestor by any gift or conveyance takes...mediately or immediately to his heirs, in fee or in tail: always in such eases the word "heirs" is a word of limitation of the estate, and not a word of purchase."... | |
 | Georgia. Supreme Court - Equity - 1847 - 556 pages
...voluminous as this one. In Fearne the rule is stated in the following words: " It is a rule of law, that when the ancestor, by any gift or conveyance,...limitation of the estate, and not words of purchase." 1 Fearne 71 j 2 Fearne, 206. These are the terms in which the rule is declared in Shelley's case. See... | |
 | Charles Broadbelt Claydon - Landlord and tenant - 1847 - 524 pages
...construction which must be here noticed, viz. that in Shelley's case (t). It is that, whenever 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 purchase; that is, it is to be understood as expressing... | |
 | Georgia. Supreme Court - Equity - 1848 - 702 pages
...[2.] Under the rule in Shellfif s Case, "that when the ancestor, by any gift or conveyance, taketh an estate of freehold, and in the same gift or conveyance...mediately or immediately, to his heirs in fee, or in tail, thehcin are words of limitation and not words of purchase." (\ Reports 104 ;) or in Wild's cote, "... | |
 | Florida. Supreme Court - Law reports, digests, etc - 1848 - 786 pages
...Kent's Com., 221. That rule is stated to be "that when the ancestor, by any gift or conveyance, taketh an estate of free-hold, and in the same gift or conveyance...mediately or immediately, to his heirs in fee or in tail, tin' ln'ira are words of limitation of the estate and not words of purchase." 4 Kent, 206. Hays on.... | |
 | 1850 - 708 pages
...succession, but by independent title. The decision in Shelly's case established the rule that when one by a gift or conveyance takes an estate of freehold, and...or immediately to his heirs in fee or in tail, that in such cases "heirs" is a word of limitation, and not a word of purchase ; that is, that the heirs... | |
 | Commerce - 1850 - 718 pages
...succession, but by independent . The decision in Shelly's ease established the rule that when one by a , or conveyance takes an estate of freehold, and in the same gift or conance an estate is limited either mediately or immediately to his heirs in or in tail, that in such... | |
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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 ' are words... 
