The English Reports Volume 4; V. 90

The English Reports Volume 4; V. 90

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...appear whether he was lawfully expelled, or not; for it was not necessary to mention the crime, because the Court had no authority to intermeddle with it. And the Chief Justice said, that the colleges in the universities were lay-corporations, and that the founders, their heirs and successors, are visitors; but where the corporations are spiritual, there the bishop of the diocese is visitor. 4 Rep. 49. (A) Debt will not lie unless by his executors. 1 Inst. 47 b. Debt will not lie for a relief by the lord himself. 1 Inst. 162 b. 4 Rep. 49 b. Cro. 102. 2 Leon. 179. 2 Cro. 595. W. Jones 329. t 1 Vent. 298. 1 Mod. 82. 1 Lev. 23, 65. 2 Lev. 14. Raym. 56, 94, 100. Sid. 94, 152, 346. Brandlin versus Millbank. Debt against an heir, and a general judgment was given him, and good. 1 Show. 78, S. C. Comb. 162, S. C. Debt against the defendant as heir, who pleaded in bar, that T. S. who was likewise jointly and severally bound with his ancestor, had paid the money; the plaintiff replied noil solvit, upon which they were at issue; and the plaintiff had a verdict, and general judgment in C. B. and now upon a writ of error in B. R. it was insisted for the plaintiff in error, that the judgment against the heir in this case ought to be special, (viz.) of the t lands descended, and not general, as here. But on the other side it was said, that this point was well settled in Davis and Pepy's case, with which the register agreed. The Court referred to Roll's Abr. tit. Heir, where it was full in this point; and that there were several judgments recited, and likewise if a special judgment should be given in such case, it would be error; and a distinction was made between debt and a sci. fa. against the heir upon a judgment had against his ancestor; for if in a sci. more

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  • Paperback | 868 pages
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  • English
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  • 1236587731
  • 9781236587732