 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
 | Great Britain. Court of King's Bench - 1842 - 812 σελίδες
...thus stated ; " When the ancestor, by any gift or conveyance, passes an estate of freehold, and ill the same gift or conveyance, an estate is limited,...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,"... | |
 | Alabama. Supreme Court - 1844 - 896 σελίδες
...relied on is an ancient canon of the common law, known as the rule in Shelly's case. [1 Rep. 93.] "Where the ancestor, by any gift or conveyance, takes an...or immediately to his heirs in fee or in tail, the terms heirs are words of limitation and not words of purchase." The effect produced by the rule is,... | |
 | 1845 - 490 σελίδες
...male of the body of such heirs male.i The rule in that case was defined to be "a 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 are words of limitation of the estate, and not words of purchase."... | |
 | Charles Fearne, Charles Butler - 1845 - 584 σελίδες
...likewise, wherever 1 Inst. 22, b. body, this is not a contingent remainder to the heir of the body 417. the ancestor by any gift or conveyance takes an estate of freehold, and there is afterwards in the same gift or conveyance a limita1 Rep. 104. ti on t on i s right heirs,... | |
 | George Spence - 1846 - 708 σελίδες
...other respects from this construction, it has been established *- •* from a very early period, 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 (i), and not words of... | |
 | New Jersey. Court of Chancery - 1846 - 624 σελίδες
...his legal heirs at law." This devise comes clearly within the rule in- Shelly's case, (I Co. 104.) "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 word "heirs " is a word of limitation of the estate, and not a W9rd of purchase."... | |
 | Alabama. Supreme Court - 1849 - 916 σελίδες
...was, whiat estate did he take under the deed. The court state the rule in Shelly's case thus, " Where the ancestor by any gift or conveyance, takes an estate...or immediately to his heirs, in fee or in tail, the terms heirs are words of limitation, and not of purchase." We add however, when it is apparent that... | |
 | Georgia. Supreme Court - 1847 - 556 σελίδες
...voluminous as this one. In Fearne the rule is stated in the following words : " It is a 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 are words of limitation of the estate, and not words of purchase."... | |
 | Charles Broadbelt Claydon - 1847 - 524 σελίδες
...construction which must be here noticed, viz. that in Shelley's case (t). It is that, whenever 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 purchase ; that is, it is to be understood as expressing... | |
 | Georgia. Supreme Court - 1848 - 702 σελίδες
...Bill. [2.] Under the rule in Shelley's Case, "that when the ancestor, by any gift or conveyance, taketh an estate of freehold, and in the same gift or conveyance...fee, or in tail, the heirs are words of limitation and not words of purchase." (1 Reports 104 ;) or in Wild's case, "that where landt are devked to a... | |
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