Reports of Cases Argued and Determined in the Court of Common Pleas, and Other Courts: With Tables of the Cases and Principal Matters, Volume 9J. Butterworth and Son, 1833 - Law reports, digests, etc |
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Page 5
... months after probate , can- not plead such payment in discharge of The testator died in March 1829. Probate was taken out in May 1830 , and this action was commenced in November 1830. The Defendant pleaded , plenè admi- nistravit ...
... months after probate , can- not plead such payment in discharge of The testator died in March 1829. Probate was taken out in May 1830 , and this action was commenced in November 1830. The Defendant pleaded , plenè admi- nistravit ...
Page 6
... months was pre- mature . Brooking v . Jennings only decides , that an executor durante minore ætate may pay over the residue to the executor who comes of age ; and in The Governor and Company of Chelsea Waterworks v . Cowper , the cre ...
... months was pre- mature . Brooking v . Jennings only decides , that an executor durante minore ætate may pay over the residue to the executor who comes of age ; and in The Governor and Company of Chelsea Waterworks v . Cowper , the cre ...
Page 8
... months to elapse before he so disposed of the whole of the assets . That cannot be deemed an administering of the assets in due course of law , so as to afford an answer to the Plaintiff's demand . It is not clear , indeed , that pay ...
... months to elapse before he so disposed of the whole of the assets . That cannot be deemed an administering of the assets in due course of law , so as to afford an answer to the Plaintiff's demand . It is not clear , indeed , that pay ...
Page 9
... months does not appear to me to be a reasonable time for ascertaining the exist- ence of debts ; and the legacies having therefore been paid prematurely , this rule must be discharged . PARK J. I am of the same opinion . It is admitted ...
... months does not appear to me to be a reasonable time for ascertaining the exist- ence of debts ; and the legacies having therefore been paid prematurely , this rule must be discharged . PARK J. I am of the same opinion . It is admitted ...
Page 10
... months after the death of the intestate ; but that period cannot be applied to the case of an executor , so as to justify him in paying over when a twelvemonth has expired from the death of the testator , for by de- ferring the taking ...
... months after the death of the intestate ; but that period cannot be applied to the case of an executor , so as to justify him in paying over when a twelvemonth has expired from the death of the testator , for by de- ferring the taking ...
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Common terms and phrases
act of bankruptcy action affidavit aforesaid ALDERSON alleged annuity appears appointed assignees assumpsit authority award bail bankrupt Bigg bill bond charge charter-party chattels claim clerk Comberbach commission commissioners common law contended contract costs Court of Exchequer covenant creditor crown debtor decision declaration deed Defendant Defendant's delivered discharged Edward Southouse entitled evidence execution executors extent fendant fieri facias GILES ground GROVER held Henry Fourdrinier HUTTON indorsed issue Judges judgment jury Justice king king's debt lease Lechmere lessor liable lien Lord Lord Mansfield Lord Tenterden Manuden Mary Nash ment objection opinion paid parish party payment person Plaintiff Plaintiff in error plea pleaded possession prerogative question recover rule nisi says seized seizure sheriff shewed cause statute Stoke Lacy sued suit tenant thereof TINDAL C. J. trespass trial trustees verdict warrant of attorney Wilde Serjt writ writ of right
Popular passages
Page 434 - or either of their heirs or assigns, or of or by any other person or persons whomsoever lawfully claiming or to claim by, from, or under him, them, or any of them, or by or through his, their, or any of their acts, means, consent, or procurement.
Page 602 - that the overseers of every parish, " shall take order from time to time, by and with the consent of two or more justices of peace,— to raise weekly, or otherwise, (by taxation of every inhabitant, parson, vicar, and other, and every occupier of lands, &c.— in such competent sum and sums of money as they shall think
Page 434 - of the other part. In these leases the lessee covenanted in the usual way to pay rent, and the lessors, for themselves severally and respectively, and for their several and respective heirs, executors, administrators, and assigns, and for each and every of them, covenanted, promised, and agreed, to and
Page 748 - thereon, shall be deemed fraudulent and void against the assignees under such commission; and such assignees shall be entitled to recover back and receive for the use of the creditors of such bankrupt at large, all and every the monies levied or effects seized, under and by virtue of such judgment and execution.
Page 778 - issuing; and for default of such issue, to the use and behoof of the third, fourth, fifth, sixth, and all and every other son and sons, other than and except the eldest son, for the time being, of the body of the said Thomas Hawkins, on the body of the said Ann
Page 107 - persons so dealing with such bankrupt, or at whose suit or on whose account such execution or attachment shall have issued, had not at the time of such conveyance, contract, dealing, or transaction, or at the time of executing or levying such execution or attachment, notice of any prior act of bankruptcy by him committed ; provided also, that where a
Page 443 - Southouse of Manuden, the lessor, his heirs, executors, administrators, and assigns, or any persons whomsoever lawfully claiming, or to claim, by, from, or under him, them, or any of them, or by his, their, or any of their
Page 651 - money was paid, though, from the circumstance of a cognovit having been given for the costs, it is probable the declaration had been delivered. But the judgment of the Court is expressed in very general terms, namely, that " after a recovery by process of law, there must be an end of litigation.
Page 330 - event or events whatsoever, wherein the person or persons for whose use, benefit, or on whose account such policy or policies shall be made, shall have no interest, or by way of gaming or "wagering" Nothing can be more clear than that these operative words were inserted in furtherance of the principle of the former act. It has been argued, that the provisions
Page 606 - of the same parish, according to the ability of the same parish." The Plaintiff was an inhabitant and possessed personal property ; but whether he was of ability to pay rates was a matter for the judgment of the overseers, subject to an appeal to the quarter