Reports of Cases Volume 20

Reports of Cases Volume 20

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ...father did not intend to reserve a. life estate in the half. The only question is whether under the principle of law he has done it. The lands have been granted specifically and a. part cannot be reserved. See Doe dem. Bamtcr v. Baxter' and Stulceley v. B-zttle1"" there cited. PALMER, J. I think the case in Hobart is against you. ALLEN, C. J. If WU can we must carry out the intention of the parties. He 13 All. 232; S. C. 4 All. 131. 2lnlub. Ron 168. evidently intended to reserve this life estate. PALMER, J. In this case the father does give some interest in the other half The intention, judged by the deed, was not to reserve. Coke Littleton, 47 a.; Bacon' Abridg. Condition, Letter C. (0). ALLEN, C. J. Is not the word " particular " a relative term.' This deed is in the nature of a feoifment. PALMI-JR, J. A deed of lease and release would carry it. ALLEN, C. J. If you are right, would not the effect he to retain the fee simple of one half in the grantor? No, it vests the whole in the grantee, and the attempted reservation is void: 2 Bl. Com. 16-3. An estate of freehold must be created to commence immediately. See Sheph. Touchs. 74, 78, 79; Doe dem. Baacter v. Ba.2: ter;' 1 Vash. R. Pr. 2 ed. 27. PALMER, J., refers to 2 Vash. R. P. (4 ed.) p. 504, citing Bissell v. Gm'/2t.2 There should be a nonsuit entered in this case, or a new trial. E'. L. Wetmorc, contra. The proposition put forward by Mr. Kerr is a startling one in this day and generation. 1. This reservation is good by common law. 2. It is good by virtue of the Acts of Assembly. Doe dam. Baxter v. Bawter was decided on the principle that a condition attached to the grant and repugnant to it is void. All I need argue is that more

Product details

  • Paperback | 250 pages
  • 189 x 246 x 13mm | 454g
  • United States
  • English
  • black & white illustrations
  • 1236792610
  • 9781236792617