Selected quad for the lemma: life_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
life_n	case_n	estate_n	remainder_n	5,475	5	10.8721	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61922	Regestum practicale, or, The practical register consisting of rules, orders, and observations concerning the common-laws, and the practice thereof : but more particularly applicable to the proceedings in the upper-bench, as well in matters criminal as civil ... / by William Style.	Style, William, 1603-1679.	1657 (1657)	Wing S6102; ESTC R33821	216,034	394

bar the Plaintiff from bringing an Action of account although he do not bring the Action within the time limited by the Statute for before that Statute one that had once cause of Action might bring it at any time afterward without restriction of time and this Action is not mentioned in the Statute Trin. 1650. 20. Junii B. S. An Action of Account doth not lie for Rent alone due and arrear for the Rent demandable is certain but if Rent be behind and there are also other things mixed with it for which the Action is brought then an Action of Account may be brought for both of them together because it is incertain upon the whole matter what is due to the Plaintiff Trin. 1651 B. S. If one receive money due to me upon an Obligation or for Rent due to me I may either have an Action of Account against him as my receiver or an Action of Debt as owing me so much money as he hath received though in both cases he do receive the mony without my consent Trin. 1651. B. S. Auditor Many things are in charge with the Kings Auditors which are not in the Crown Pasc 24. Car. B. r. Auditors Assigned by the Court upon an Action of Account brought to receive the Account are proper Judges of the cause Trin. 24. Car. B. r. Argument Two that are of Councel on one side ought not to Argue for their Clyent both of them upon one and the same day except it be for concluding of all the Arguments which are intended to be made for that party Mich. 1649. B. S. By the custome of the Court. It is not the usual course of the Court for one Councellor to argue the same Case twice By Rolle Chief Justice 12. Nov. 1650. B. S. Aide and Aide Prayer A Tenant for life may pray in Aide of all such persons as are in remainder of estate in the lands for which he is impleaded 1649. 29 Julii B. S. Baron and Fem. AN Action of Debt doth lie against the Husband for goods that were delivered to his Wife if it may be intended that those goods did any wayes come to the use of the Husband Hill 21. Car. B. r. A Fem Covert cannot submit to an Award for the submission is a free Act of will and the will of a Fem Covert is subject to the will of her Husband and so is not free Mich. 22. Car. B. r. But another person may submit to an Award for a matter which concerns the Fem and such a submission is a good submission in Law A Feofment made to a Fem Covert is a good Feofment in Law to pass the Lands if the Husband do know of it untill the Husband do disagree to it for if he disagree from it the Feofment is not good but if he once agree to it he cannot afterwards disagree from it and if he once disagree he cannot afterwards agree to it Q. Hill 23. Car. B. r. A Fem Covert may take a thing though it be not by Deed. Hill 23. Car. B. r. viz. If her Husband consent to it If a Fem sole be indebted to I. S. and afterward the Fem doth marry this Debt is become by the marriage the Debt of the Husband and of the Wife viz. the proper Debt of the Wife and the Debt of the Husband in right of his Wife and the Wife must be sued for this Debt jointly with her Husband and if the Husband dye pending the Suite yet is not the Debt gone but she may be sued for it after the death of her Husband Pase 24. Car. Trin. 24. Car. B. r. Bar in Actions A Recovery in a personal Action is a Bar in all other personal Actions touching the same matter Hill 21. Car. B. r. That is to say it is a good Ploa in Bar to a personal Action brought against the Defendant to say that the Plaintiff did formerly bring an Action against him for the same matter and did recover against him and therefore he prayes the Judgement of the Court whether he shall be permitted to proceed in his second Action In an Action brought to recover a thing from another if a recovery be there upon had by the Plaintiff the Defendant may plead this recovery in Bar of a second Action brought against him for the same thing 21. Car. B. r. A Plea in Bar which doth not give a full answer to all the matter which is contained in the Plaintiffs Declaration is not a good Plea 21. Car. B. r. viz. If it answer not all the material matter of it If the Plaintiff do reply to the Defendants Plea in Bar this replication is a confession in Law that the Plea in Bar is a good Plea although the Plea be not good Trin. 23. Car. B. r. For the Plaintiff hath slipped his advantage of Demurring to the Defendants insufficient Plea by replying unto it If an Action of Debt be brought against one and he Imparles to the next Term yet after his Imparlance he may plead that the Plaintiff is Out-lawed in Bar of the Action Trin. 24. Car. B. r. Baile One that is in Execution is not Bailable by the Law Hill 21. Car. B. r. For Bail is put in to secure the Plaintiff that the Defendant shall perform the Judgement of the Court and now the Law hath determined the matter and there remains onely for the Defendant to perform the Judgement and for the not performing it he lies in Execution Before a Capias is taken out against the Bail the Principal may render his body to the Marshal of the Court and the entry of this in the Marshals Book is a sufficient ground to discharge the Bail and it is not necessary to enter this upon the Record but if the Principal do render his body after a Capias taken out against his Bail it is in the power of the Court whether it shall be accepted or not and they may if they will give the Plaintiff leave to proceed against the Bail notwithstanding the Principals rendring of his body 21. Car. B. r. Because he did it not in due time but hath put the Plaintiff to the charge and trouble of suing out the Capias One that had been Indicted thirteen yeers before for suspicion of murder in poisoning his servant was brought in Court by a Habeas Corpus and was bailed to answer the fact 21. Car. B. r. Though one that is in Execution do bring a Writ of Error to reverse the Judgement given against him yet the Court will not Baile him except their appear unto them very apparent Error in the Record 21. Car. B. r. For else they will suppose that the Writ of Error is onely brought to gain the parties liberty and so to frustrate the Execution One Arnold James that was Bailed in the 44. and 45. yeer of Q. Eliz. upon a Judgement given against him in the Lord Majors Court of London was brought into Court by a Habeas Corpus Trin. 22. Car. B. r.

was made but if an Action of Debt be brought against an Administrator for Rent due for Lands left by the Plaintiff to the Intestate but growing due in the time of the Administrator viz. since the Letters of Administration were granted unto him the Action must be brought in the County where the Lands do lye for which the Rent is due Mich. 22. Car. B. r. An indebitatus assumpsit generality is not good to create a Debt but there must something else be made appear to the Court to make a Debt to be due to the party that brings an Action of Debt or else the Action will not lye Mich. 22. Car. B. r. For else to declare upon an indebitatus assumpsit is no more then if the parties declared upon a nudum pactum An Action of Debt doth lye for a Councellor or for an Atturney for their Fees against the party that retained them Mich. 22. Car. B. r. Q. Whether it lie for a Councellor for his Fee is honorarium Quiddam and not mercenarium a Gratuity rather then Wages or a Salary By Rolle Chief Justice An Action of Debt doth lie upon a perfect Contract in Law betwixt the parties and not an Action upon the Case 22. Car. B. r. For generally where the Law directs a certain Action there an Action upon the Case is not to be brought An Action of Debt brought against an Executor for Rent grown due in the time of the Executor ought to be brought in the detinet and debet Hill 22. Car. B. r. So then said to be adjudged in Royton and Mees Case But if the Action be brought for Rent due in the life of the Testator the Action ought to be brought in the detinet onely Where a certain sum of mony is to be paid upon an Obligation at several dayes of payment expressed in the Condition of the Obligation though the mony be not paid accordingly yet an Action of Debt cannot be brought for any part of this money untill all the days of payment expressed in the Obligation be past Pasc 24. Car. B. r. Because the penalty of the Obligation is to be recovered which is not wholly due untill the whole Condition be broken which is not so untill the party fail in the last day of payment If one deliver necessaries to an Infant viz. meat drink or cloaths and he promise to pay for them an Action of Debt will lye against the Infant upon this promise if he perform it not But if the party come to an account with the Infant forwhat is due unto him from the Infant and thereby doth state the sum due unto him an Action of Debt doth not lye against the Infant for the moneys stated to be due unto the party upon this account Trin. 24. Car. B. r. If a woman sole be indebted and then take a husband the Debt is now thereby become the Debt of the husband and of the wife that is to say the wives proper Debt and the husbands Debt in the right of his wife and the wife ought to be sued for this Debt together with her husband and if the husband dye whereby the Action is abated yet the wife may be sued again for this Debt Trin. 24. Car. B. r. A Judgement was Reversed in this Court by a Writ of Error because it was given to recover a Legacy Trin. 24. Car. B. r. For then a Legacy was not recoverable at the Common Law but in the Eclesiastical Court or in the Chancery But now by a late Statute an Action lies for a Legacy at the Common Law See the Statute An Action of Debt doth not lie upon a Judgement given in this Court after the Record thereof is removed by a Writ of Error out of this Court into the Exchequer Chamber Trin. 23. Car. B. r. An Action of Debt doth not lie against an Executor which is grounded upon a simple contract made by the Testator Hill 1649. Jan. 31. B. r. Q. And Action of Debt doth lie against a Goaler for suffering a prisoner in Execution to escape by the party at whose Suit the Prisoner was committed in Execution Trin. 1650. B. r. 15. Junii One may bring an Action of Debt for Rent in what County he pleaseth 9. Nov. 1650. B. r. Because it sounds not in the realty Q. If a judgement be given for the Plaintiff in an Action of Debt in the Common Pleas and afterwards the transcript of the Record is removed into this Court by a Writ of Error yet the Plaintiff for whom the Judgement was there given may bring an Action of Debt there upon that Judgement but if the Judgement be Reversed in this Court upon the Writ of Error and after the party proceed in the Common Pleas in his Action of Debt the party against whom he thus proceeds may bring his Audita Querela to be relieved against this second Action 3. Feb. 1650. B. S. For by the reversal of the Judgement the ground of the second Action is destroyed One may joyn two Debts due upon two severall Obligations from the same party in one Action of Debt 6. Feb. 1650. B. S. And declare in one Declaration upon the several Obligations If one do deliver goods to I. S. to my use if the party to whom they were delivered do refuse to deliver them unto me I may have either an Action of Debt or an Action of Accompt for them against him to whom there were delivered at my election 22. Ap. 1651. B. S. Deeds Such construction ought to be made of a Deed that it may agree with the intent of the parties to the Deed if their intent do not contradict the Rule of Law Hill 22. Car. B. r. A Deed of Indenture made betwixt two ought to be Sealed and Delivered by both parties to the Indentures otherwise it cannot be said to be a Deed indented Trin. 23. Car. B. r. If all the parts of a Deed may by Law stand together no one part of that Deed shall be so interpreted as to make either the whole Deed or any part of it to be voide Pasc 24. Car. B. r. A Deed cannot be delivered as an escrew to the party himself who is to take by the Deed. Trin. 24. Car. B. r 1650. Trin. B. S. For the delivery of it makes it the parties Deed. If a Deed do say This Indenture made whereas the Deed is not endented yet it may be a good Deed for it may work as a Deed Poll though it cannot work as an Indenture If it do not appear by the Fabrick of a Deed that Lands do pass by the Deed by way of Feoffment yet the Land may pass by it by way of use if there be a consideration which is sufficient in Law to raise a use expressed in the Deed. Ejectment IF one Seal a Lease of Ejectment to try a title of of Land it is not necessary to give notice of the sealing of this Lease unto him whose title is concerned but it is sufficient

contained in the Declaration there he needs not to take a Traverse Pasc 24. Car. B. r. Pasc 1648. B. S. For a Traverse is a denyal of a thing and when a thing is answered what need is there of a denyal of it Where there is a Disseisin and a descent alleadged in a Declaration if the Traversing of the Disseisin will make an end of all the matter there the Disseisin is to be Traversed and not the descent that is in such cases where by supposition the party may come to the estate by Disseisin Pase 24. Car. B. r. Where the Defendant hath confessed and avoided all the matter that is contained in the Declaration there he needs not to take a Traverse Pasc 24. Car. B. r. For a confessing and avoiding is a full answer of the matter alleadged and so there needs no Traverse of it Title If there be an Inquisition found by which the King is Intitled unto Lands and the Inquisition is not answered nor Traversed the Lands found in the Inquisition shall be suppossed to be in the hands of the Kings 21. Car. B. r. Because there appears nothing to the contrary to question the Kings Title If one be admitted to traverse an Office this admission of the party to the traverse doth suppose the Title to be in him 21. Car. B. r. If in an Action of Trespass and Ejectment neither the Plaintiff nor the Defendant can make out a good title then the party that hath had the most ancient possession of the Lands in question shall be judged to have the best Title Pasc 23. Car. B. r. Mich. 1649. B. S. For an ancient possession of Lands is a badge of a Title to them In Action of Trespass brought for taking away of goods the Plaintiff needs not set forth his Title to the goods Pasc 23. Car. B. r. For by the bringing of the Action and by the Declaration it is supposed that they were in his possession before the Defendant took them away from him and that possession is Title enough to maintain the Action He that is made Ejector to try the Title of Land is not bound to defend the Title of the Land if he whose Title is truely concerned will not save him harmeless if the tryal shall pass against him but he may confess a Judgement and save himself of the trouble which otherwise may befall him by being made Ejector Mich. 1650. B. S. The Officer of this Court whose title was to be called the Clerk of the Crown is now called and Intitled Coroner and Atturney for the Keepers of the Liberty of England by Authority of Parliament Mich. 1650. 24. Oct. B. S. But now that Title is also altred and he is called Coroner and Atturney for the Lord Protector Tenement A Tenement may be said to be any House Land or other such like thing which is any way held or possessed and it is a word of a very large and ambiguous meaning and therefore not fit to be used to denominate or express any thing which requires a particular description 21. Car. B. r. Tipstaff The Court will not grant an Attatchment against an Officer of the Court for a misdemeanor committed by him as an Officer of the Court but one of the Tipstaffs which are Officers of this Court called by that name by reason of a staff which they carry tipped with silver is to bring him into the Court. 21. Car. B. r. And they are in the nature of Messengers or Pursuivants c. If a Sheriff do commit a misdemeanor in relation to the Court during his Office and afterwards a new Sheriff is elected whereby the old Sheriff is out of his Office the Court may grant a Tipstaff to bring him in to answer the misdemeanor for being out of his Office the Court cannot fine him for his misdemeanor Pasc 24. Car. B. r. A Tipstaff is to be granted for one that is in London or Westminister but if he be in the Country an Attatchment is to be granted and not a Tipstaff Hill 22. Car. B. r. 23. Car. Pasc 1650. For the Tipstaffs are Officers to attend the Court and are not therefore to be sent out of Town Treason An intention of Treason if it can be proved by circumstances is Treason in the eye of the Law Trin. 22. Car. B. r. To shew the odiousness and greatness of the offence of Treason by punishing the very intentions of it which are not punishable in other offences criminal Time Where the Law doth not imply a certain Time for the doing of a thing nor is there any certain time agreed upon between the parties for the doing it there the Law doth allow the party a convenient Time for the doing of it Mich. 22. Car. B. r. To wit such as shall be adjudged reasonable In some cases one hath time during his life for the doing of a thing if he be not hastened to do it by request of the party for whom it is to be done but if he be hastened by request then he is bound to do it in convenient Time after such request made Hill 22. Car. B. r. Trespass An Action of Trespass doth lye for him that hath the possession of goods or of a house or Lands if he be disturbed in his possession Mich. 22. Car. B. r. If goods be taken by the Sheriff in Execution and the goods be rescoued out of his hands an Action of Trespass lies against him that did rescue the goods Hill 22. Car. B. r. viz. By the Sheriff or by the party at whose sute they were taken and the party may be endicted for a rescous also at the sute of King for disturbing the peace and hindring the Execution of the Law One Action of Trespass may be brought for a Trespass committed in Lands which lye in several Towns or Vills Pasc 23. Car. B. r. So that those Vills do lye in one and the same County An Action of Trespass doth lye for a Parson against him that doth take away his Tithes after they are set forth Pasc 23. Car B. r. For after they are set forth the person hath a property in Law in them although the Parson never had an actual possession of them If divers Actions of Trespass be brought for one and the same cause with an intent onely to vex the Defendant if the Court be moved in it and proof thereof made by Affidavit the Court will order the Plaintiff to joyn all his Actions into one Pasc 23. Car. B. r. For the Judges of the Law do not favor unjust vexations of the people If one do carry another with force into the house of a third person he who carries the other by force into the house is the Trespassor unto the third person and not he who is carryed thither by force and so if one do drive my cattel into the ground of a third person he that drives my cattel into the ground is the Trespassor and not I who am owner of