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" Coke (vo1. 1, 1040,) is, that '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... "
Reports of Cases Decided in the Supreme Court of the State of North Dakota - Σελίδα 265
των North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Edwin James Taylor, Joseph Coghlan - 1900
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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...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 and...

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...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 be noted,...

Reports of Cases Argued and Determined in the Courts of Common ..., Τόμος 5

Great Britain. Court of Common Pleas, John Bayly Moore - 1823 - 726 σελίδες
..." issue" in a will, is equivalent to " heirs." The rule is laid down in Shelley's case (6), that " when the ancestor, by any gift or conveyance, takes...mediately or immediately to his heirs in fee, or in tail ; that always in such cases ' the heirs ' are words of limitation of the estate, and not words of purchase."...

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

William Hayes - 1824 - 436 σελίδες
...different from, subsequent words would be void ; the defendant's counsel answered, that it is a RULE OF LAW when the ancestor by any gift or conveyance takes...or immediately, to his heirs, in fee, or in tail; that always, in such cases, the heirs are words of limitation of the estate, and not words of purchase....

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...

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

William Cruise - 1824 - 528 σελίδες
...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 or conveyance, takes...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...

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...

The Reports of Sir Edward Coke, Knt: In Thirteen Parts, Τόμος 1

Sir Edward Coke - 1826 - 734 σελίδες
...as heir special ought to be heir general as well as heir special (t). Rule, that where the ancestor takes an estate of freehold, and in the same gift or conveyance an estate is limited, cither mediately or immediately, to bis heirs, either in !'<••• or in tail, the heirs arc words...

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...

A Systematic Arrangement of Lord Coke's First Institute of the Laws ..., Τόμος 2

Sir Edward Coke, John Henry Thomas - 1827 - 884 σελίδες
...by the subsequent conveyance or devise to hi» right heirs. For though it is a rule, that where tb,e ancestor by any gift or conveyance takes an estate of freehold, and in the same gilt, or conveyance. an est. te is limited, either mediately or immediately to hie heirs in fee, or...




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