 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 265των 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 - 1900Πλήρης προβολή - Σχετικά με αυτό το βιβλίο
 | William Blackstone - 1836 - 852 σελίδες
...acknowledged rule of law, and, ever since, generally called the rule in Shelly'icase. This rule is, that "when the ancestor, by any gift or conveyance, takes...mediately or immediately, to his heirs in fee or in tail, always in such cases the words ' the heirs' are words of limitation of the estate, and not words of... | |
 | Tennessee. Supreme Court, George Shall Yerger - 1836 - 640 σελίδες
...and all the judges except one of the puisne judges, as an acknowledged and ancient rule of law, "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 of the body" are words of limitation of the estate, and not words... | |
 | David Hoffman - 1836 - 468 σελίδες
...was, that if an estate of freehold be conveyed to A. and by the same gift or conveyance an estate be limited, either mediately or immediately, to his heirs in fee or in tail, in such case the inheritance and freehold coalesce in A. and the remainder is not contingent or in... | |
 | Jacob D. Wheeler - 1836 - 624 σελίδες
...ROGERS T, ROGERS, 3 ib. 51-1. The rule in Shelly's case, ie, " where the ancestor by way W01!j"jln'e of gift or conveyance, takes an estate of freehold and in the same tlie wil! . J ' !• i • must give •gift or conveyance, an estate is limited, either mediately... | |
 | United States. Bureau of Indian Affairs - 1837 - 330 σελίδες
...(Co. Litt., 223a.) Hence the rule in the famous case of Shelley, (1 Co. R. 9.;) which was, " that • when the ancestor, by any gift or conveyance, ' takes...the same gift or ' conveyance an estate is limited mediately, or im' mediately, to his heirs, or the heirs of his body, ' that the words ' heirs, "&c.... | |
 | Charles Watkins - 1837 - 336 σελίδες
...the heirs shall be in BY DESCENT. As, "when the ancestor, by any gift or con- Limitation to veyance, takes an estate of freehold, and in the same gift or conveyance an estate is limited, either Vlde post' mediately or immediately, to his heirs, in fee or in tail, the words " the heirs," are WORDS... | |
 | Great Britain. Court of Exchequer, Robert Philip Tyrwhitt, Thomas Colpitts Granger - 1837 - 1230 σελίδες
...adopted by Fearne, 7th edit. p. 29, who, after quoting the passage from Rol. Abr. says, that " whenever 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,... | |
 | Charles Watkins, Henry Hopley White - 1838 - 596 σελίδες
...ancestor so taking the freehold ; and, therefore, is not contingent or in abeyance. And also, 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,... | |
 | Henry John Stephen - 1841 - 626 σελίδες
...(a). 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,...or immediately, to his heirs in fee or in tail, the word heirs is a word of limitation, and not of pnrchase(b). In other words, it is to be understood... | |
 | Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - 1842 - 966 σελίδες
...surrender, Daniel Teasdale took an immediate estate tail. The rule in Shelley's Case (c) attaches " when the ancestor by any gift or conveyance takes...or immediately to his heirs in fee or in tail." The ancestor takes his estate tail, not from the latter limitation only, but from the two together, which... | |
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