A General Abridgment of Law and Equity: Alphabetically Digested Under Proper Titles : with Notes and References to the Whole, Volum 11

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G.G.J. and J. Robinson, 1792
 

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Pàgina 429 - ... viz., the mortgagee, who might have given it to him gratis, and what is due must be the measure of our allowance, and not what he gave, for that might have been more than it is worth, as well as less, and since he runs the hazard if loss happens, he ought to have the benefit in case it turns to advantage ; so said and admitted, per Cowper, Lord Chancellor "(s).
Pàgina 61 - ... from the heir at law after the ancestor's death. The will prevents and breaks the descent to the heir as much as a deed, and the hands of the witnesses to the will may be as well proved as those to a deed.
Pàgina 61 - Now, as it would be no objection to a title if a modern deed on which the title depended was not proved in equity, why should it be so in the case of a will, where the same appears to be duly attested by three witnesses, whose names are mentioned to have been subscribed in the presence of the testator...
Pàgina 420 - ... bound to intermeddle with the personal estate, or to run into an account thereof; and if the heir would have the benefit of any payment made by the mortgagor or his executor, he must prove...
Pàgina 176 - CURIA.—You come here to be relieved against the note, which cannot be, but on the foot of fraud : at the time of giving it the whole affair was examined; it is not a legacy, nor is there any occasion for the executor's assent to it; it...
Pàgina 63 - Now this reason undoubtedly fails. The concluding reason there given is, " that the probate of a will concludes a person from saying there was no such will ; but notwithstanding this matter may be brought to trial ; for the producing a will under probate is only evidence that there was such a will. And though it is evidence of so strong a nature that no evidence shall be admitted against it, yet to plead that such a will was proved is no reason why this matter should not be tried.
Pàgina 118 - Afterwards, the last day of the term, upon motion to the Court, they gave judgment for the plaintiff. And Holt said, that he could not see how it differed from an indebitatus assumpsit for the profits of an office by a rightful officer against a wrongful, as money had and received by the wrongful officer to the use of the rightful.*0 LIGHTLY v.
Pàgina 211 - Why, becaufe the meddling with the goods is that which gives the creditor notice who is executor, and bound to pay the debts ; and the creditor- is not bound to inquire into the executor's title ; if there be a colour and appearance of it, it fuffices ; per Holt Ch.
Pàgina 287 - ... laden are liable, though such debts as to time were precedent to the freight, for the goods remain, as it were, builid for the same.
Pàgina 174 - a donatio mortis causa is where a man lies in extremity, or being surprised with sickness, and not having an opportunity of making his will; but lest he should die before he could make it, he gives with his own hands his goods to his friends about him; this, if he dies, shall operate as a legacy; but if he recovers, then does the property thereof revert to him.

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