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" Rule in Shelley's Case is stated by Lord Coke (1 ^Coke 93)3, 1O4b, 76 Eng. Reprint 206, 234) to be that "When the ancestor, by any gift or conveyance taketh an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately... "
American Law Magazine - Σελίδα 312
1845
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Monthly Review; Or New Literary Journal

1794 - 614 σελίδες
...by any gift or conveyance takes an ellate of freehold, and in the fame gift and conveyance an eflate is limited either mediately or immediately to his heirs in fee or in tail, always in fuch cafes heirs are words of limitation of the ellate, and not words of purchafe." On the...

The First Part of the Institutes of the Laws of England; Or, A ..., Τόμος 1

Sir Edward Coke - 1794 - 552 σελίδες
...any gift or conveyance takes an eftate of freehold, and in the fame gift, or conveyance, an eftate is limited, either mediately or immediately, to his heirs in fee, or in tail, " the heirs," in fuel» cafes, are words of limitation of the eftate, and not words of pur. chafe ;...

Term Reports in the Court of King's Bench, Τόμος 2

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 898 σελίδες
...by the statute of uses ? The rule in Shelley's case (a) has always been adhered to, that where a man by any gift or conveyance takes an estate of freehold,...mediately or immediately to his heirs in fee or in tail, " the heirs" arc words of limitation of the estate, and not words of purchase. In such case the estate...

Term Reports in the Court of King's Bench, Τόμος 8

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 708 σελίδες
...in Shelley'* case (a), and recognized in a variety of subsequent cases, is that where the ancestor takes an estate of freehold, and in the same gift...limited, either mediately or immediately, to his heirs, either in fee or in tail; the word " heirs" is a word of limitation of the estate, and not a word of...

Reports of Cases Argued and Determined in the General Court and ..., Τόμος 6

Maryland. Court of Appeals, Thomas Harris, Reverdy Johnson - 1825 - 614 σελίδες
...in Shelley''* case, "that where the ancestor takes an estate of freehold by any gift or (jonveyance, and in the same gift or conveyance an estate is limited...mediately or immediately to his heirs, in fee, or in tail, the word heirs is a word of limitation of the estate, and hot a word of purchase," which as a known...

Elements of Conveyancing: With Cursory Remarks Upon the Study of ..., Τόμος 5

Charles Barton - 1822 - 690 σελίδες
...and not per formam danis, takes by descent. Thus, -by the rule in Shelley's case, so often mentioned, when the ancestor, by any gift or conveyance, takes...mediately or immediately, to his heirs, in fee or in tail, the word heirs, is a word of limitation of the estate, and not a word of purchase (1). But it must...

A Digest of the Laws of England Respecting Real Property, Τόμος 4

William Cruise - 1824 - 528 σελίδες
...during the life of the ancestor. 2. To remedy this, it appears to have been very early established, as a rule of law, that " when the ancestor, by any gift...same gift or conveyance an estate is limited, either immediately or mediately, to his heirs, in fee or in tail ; that always in such cases, the heirs are...

An Inquiry Into the Effect of Limitations to Heirs of the Body in Devises ...

William Hayes - 1824 - 542 σελίδες
...different from, subsequent wqrds would be void; the defendant's counsel answered, that it is a RULE OF LAW when the ancestor by any gift or conveyance takes...conveyance an estate is limited, either mediately or immedialeli/,1.0 hisheirs, in fee, or in tail; thata\wa.js, in such cases^ the heirs are words of limitation...

The London Magazine

1828 - 746 σελίδες
...takes an estate of freehold, sod in the same gift or con. • Reported I Vdlleet.Jut¿283. vayence, an estate is limited, either mediately or immediately to his heirs in fee or in tail, in all such cases the heirs are words of li'nitaLion of the estate, and not words of purchase.” This...

American Quarterly Review, Τόμος 5

Robert Walsh - 1829 - 532 σελίδες
...words of limitation, and not of purchase. The rule in Shelly's case, (1 Coke Rep. 104,) is this: "where the ancestor, by any gift or conveyance, takes an...mediately or immediately to his heirs, in fee, or in tail, in such cases the word heirs, are always words of limitation, and not words of purchase." The remainder...




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