A Treatise on the Principles and Practice of the Action of Ejectment: And the Resulting Action for Mesne Profits

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Banks, Gould & Company, 1854 - Ejectment - 644 pages


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Page 334 - And be it further enacted, that no will shall be valid unless it shall be in writing and executed in manner hereinafter mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator or by some other person in his presence and by his direction ; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator,...
Page 81 - ... at the time at which the same shall have become an estate or interest in possession by the determination of any estate or estates, in respect of which such land...
Page 44 - The constitution of the United States and the acts of Congress recognize and establish the distinction between law and equity. "The remedies in the courts of the United States are, at common law or in equity, not according to the practice of State courts, but according to the principles of common law and equity as distinguished and defined in that country from which we derive our knowledge of these principles.
Page 72 - ... being a conveyance of the premises in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the premises included in such instrument, decree, or judgment, or of some part of such premises, under such claim, for five years, the premises so included shall be deemed to have been held adversely...
Page 334 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence, and by his express directions, and shall be attested and subscribed in the presence of the said devisor by three or four credible witnesses, or else they shall be utterly void and of none effect.
Page 333 - Such subscription shall be made by the testator, in the presence of each of the attesting witnesses, or shall be acknowledged by him to have been eo made to each of the attesting witnesses; 3.
Page 63 - And by s. 2, it is enacted, that no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Page 72 - ... years before the commencement of the act in respect to which such action is prosecuted or defense made.
Page 467 - ... and to hold the same to the said John Doc and his assigns, from the day of , then last past, for and during, and unto the full end and term of years, from thence next ensuing, and fully to be complete and ended...
Page 462 - Know all men by these presents, that I, AB of, (&c.,) have, made, ordained, constituted, and appointed, and by these presents do make, ordain, constitute, and appoint CD of, (&c.,) my true and lawful attorney, for me, and in my name, to enter into and take possession of a certain messuage, &c., late in the tenure and occupation of G.

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