Selected quad for the lemma: life_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
life_n	estate_n	land_n	remainder_n	4,221	5	10.6862	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.

in the possession of one of the Tenants that holds parcel of these Lands This is a good Lease to try the title of all the Lands But if the Freehold of the Lands in question be not an entire Freehold such a Lease sealed upon parcel of the Lands in question is not good to try the title of all the Lands Pasc 23. Car. B. r. For several Freeholds must have several Leases to try them because they are the Right and Titles of several persons or by several Titles A Lease for years although it be a very long Lease cannot be entailed For the nature of a Chattel cannot be turned into an Inheritance Hill 23. Car. B. r. Which would be if such a Lease which is but a Chattel might be entailed for an Estate intayl is an Estate of Inheritance A Lessee for years is not bound to repair the house let unto him which is burned by accident if there be not a special Covenant in the Lease that he shall leave the house in good repair at the end of the term But if the house be burned by the negligence of the Lessee he shall repair it although there be no such Covenant in the Lease Pasc 24. Car. B. r. For by the Lessees Covenant it shall be intended that he took notice of what accidents might happen and his Covenant shall be taken generally and without exception and strongest against himself In a Lease for years by Indenture the term is not certain before the habendum tenendum in the Lease Term. Trin. 24. Car. B. r. For though it do appear before the habendum tenendum that the Lands in the Lease mentioned are demised unto the Lessee yet it doth not appear for how many years they are demised nor when the Lease is to begin nor when to end until it is declared in the habendum One may raise an Estate for life in Lands to another by way of use viz. by covenanting with A. B. to stand seised to the use of J. S. for and during the natural life of J. S. without Livery and Seisin Mich. 24. Car. B. r. For the Estate is executed in the cestuy que use by the Statute of Vses of 32. H. 8. without Livery If one be in Possession of Lands of another and hath usually paid a Rent unto him for these Lands although it cannot be expresly proved that the Lands were demised at will to him that is thus in possession of the Lands that is that he should hold them as long as both parties should please yet this holding of the Lands shall be interpreted to be by a Lease at will Mich. 1650. B. S. For it shall be presumed that he in possession doth hold the Lands and that the owner of the Lands did receive the Rent for those Lands upon some Contract made between the parties for holding the Lands for some term and for paying of such a rent for them and a less time cannot be supposed then to hold them at will If one make a Lease for years and after the Lessor enters upon the Lands let before the term is expired or determined and doth make a Lease of these Lands to another this second Lease is a good Lease untill the first Lessee doth re-enter 2. Maii. Pasc 1650. B. S. And then the first Lease is revived Although a Lessee for years do lose his Indenture of Demise of the Lands let unto him yet he shall not lose his term in the Lands let by the Indenture which is so lost If it can be proved any way that there was such a term let unto him by Indenture and that it is not determined so it is of any other Estate in Lands if the Deed that created the Estate be lost if it can be proved that there was such a Deed made and that such an Estate was conveyed by the Deed. Pasc 1650. 14. and 15. Maii. 1650. B. S. For the Estate in the Lands is derived from the Party that made the Deed and not from the Deed otherwise then instrumentally and declaratively to shew his minde and intent that conveys the Estate as also the minde and intent of him that receives it Liberty Matters which do concern the Liberty of any one ought to be determined as speedily as lawfully they may be Trin. 22. Car. B. r. For Liberty is counted very precious and exceedingly favoured in Law not only in respect of the particular profit which every one obtains by his Liberty but also in respect of the Weal-publique For one in prison is disabled to be usefull to himself or any other Where any thing is shewed to be done within a Liberty or a Franchize there it is not necessary to shew within what County that Liberty or Franchize doth lie Trin. 23. Car. B. r. Leet If a Court Leet do not choose a Constable to serve within that Leet the Quarter-Sessions of that County where that Leet is may choose one Mich. 22. Car. B. r. For the Commonwealth must not be unserved and it much concerns the Peace of the Commonwealth but more especially of the County wherein the Leet lies to have such Officers chosen Q. Whether a Court Leet may enquire of private Assaults and batteries if there be no bloud shed in the Case For Bacon Justice and Walker apprentise of the Law of the Inner-Temple held that a Court Leet might enquire of them But Rolle Justice held the contrary Pasc 24. Car. B. r. because they are actionable at the Common Law only by the Party injured and are not publique offences against publique Limitation If a Limitation of an Estate in Lands be uncertain such a Limitation is not good in Law but void Hill 22. Car B. r. For the Law cannot tell what construction to make of such a Limitation by reason of the incertainty of it There is a difference between a condition precedent annexed to an estate subsequent to this condition and a Limitation subsequent annexed to an Estate presently vested Hill 22. Car. B. r. A thing that is expresly limited in a Will by plain words shall not be afterwards made incertain by general words which follow in the said Will. Hill 23. Car. B. r. For that were to encounter a thing that is plain and certainly known with that which is obscure and doubtfull A Limitation of an Estate to begin after the determination of an absolute Estate in Fee-simple is a void-Limitation in Law for if the Law should suffer such a Limitation to be made this would be to suffer perpetuities to be made which the Law doth abhor but yet a Limitation of an Estate to begin after a Fee-simple upon a Contingency is a good Limitation 19. April 1650. B. S. For such an Estate may never take effect London By the ancient Custom of the City of London there ought to be but four hundred Carmen allowed within London Hill 23. Car. B. r. Latitat A Latitat out of this Court is in the nature of an original Writ by