| Joshua Williams - Real property - 1859 - 496 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 or... | |
| Electronic journals - 1861 - 806 pages
...existed long before the case that gave it its name, is thus stated by Lord Coke in 1 Co. 104, (a,) "When the ancestor, by any gift or conveyance, takes...mediately or immediately to his heirs, in fee or in tail, always in such cases heirs are words of limitation of the estate, and not words of purchase." From... | |
| Henry John Stephen - Law - 1863 - 812 pages
...c.ase(i). 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 purchase (j). In other words, it is to be understood... | |
| Great Britain. Courts - Law reports, digests, etc - 1864 - 992 pages
...not affect the present case. [PATTESON, J. Fearne, in Cont. Rem. 29, says : " So likewise, 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,... | |
| James Kent - Law - 1866 - 786 pages
...Books, to be, " that when the ancestor, by any gift or conveyance, taketh an estate of freehold, * 215 and in the same * gift or conveyance an estate is...mediately or immediately, to his heirs, in fee or in tail, the heirs are words of limitation of the estate, and not words of purchase." J Mr Preston, in his elaborate... | |
| Law - 1869 - 370 pages
...ourselves just now with the particular section of law just alluded to. " The rule in Shelley's case ;"—" that when the ancestor, by any gift or conveyance...either mediately or immediately to his heirs in fee or tail, the word 'heirs' is a word of limitation of the estate of the ancestor," who takes Shortly, we... | |
| John Indermaur - Conveyancing - 1873 - 104 pages
...and some other objects. SHELLEY'S CASE. (Lead. Cat. Conv. 507.) Decided:—That where the ancestor takes an estate of freehold, and in the same gift...limited, either mediately or immediately, to his heirs or the heirs of his body, the word " heirs " is a word of limitation, and not of purchase ; so that... | |
| New Jersey. Court of Chancery - Equity - 1873 - 640 pages
...any gift or conveyance, takcth an estate of freehold, ami in the same gift or conveyance an esttite is limited, either mediately or immediately, to his heirs in fee or in tail, th( lii'ii-x are words of limitation of the estate and not words of purchase. By which is meant that... | |
| Great Britain. Court of Chancery - Law reports, digests, etc - 1873 - 564 pages
...whenever an Ejtate of Freehold is limited to one, and after by the fame Gift and Conveyance an Ejlatt is limited either mediately or immediately to his Heirs in Fee or in Tail, viz. To his Heirs or the Heirs of his Body ; the Heirs cannot make them/elves Purchafers, but mujl... | |
| Henry Foulks Lynch - Law - 1874 - 460 pages
...remainder no tenure exists. State the rule in Shelley's Case, and where is it found? 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 purchase. It is reported in 1st Cokes' Report,... | |
| |