A Treatise on the Limitations of Actions at Law and Suits in Equity and Admiralty; With an Appendix Containing the American and English Statutes of Limitations, and Embracing the Latest Acts on the Subject

A Treatise on the Limitations of Actions at Law and Suits in Equity and Admiralty; With an Appendix Containing the American and English Statutes of Limitations, and Embracing the Latest Acts on the Subject

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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. 1846 edition. Excerpt: ...maintainable where the 'lessor of the plaintiff may enter.' The action of ejectment i Rose. on Real Actions, and Runn. on Eject.; Robinson v. Campbell, 3 Wheat. (U. S.) R. 212. In the colony of Massachusetts, before judicial proceedings had assumed a regular and systematic form, the fictitious action of ejectment had become established in the English courts; but the fictions were intelligible only to lawyers, and were not of a nature to be approved by the Massachusetts puritans. Stearns, in his "Real Actions," says: " We should hardly expect them to resort to the indirect method of making a lease of their lands, in order to try the title. And, as to confessing a lease, an entry, and an ouster, which had never had any existence in fact, they seem--as we should naturally expect--to have regarded it as a violation of truth, and therefore wholly inadmissible. It is doubtless to these circumstances that there are only two cases to be found upon the records of our courts, of the fictitious action of ejectment upon the English model." Stearns, supra, 396 (note). ' Per Lord Mansfield, in Fairclaim v. Shamtitle, 3 Burr. R. 1292. ' Bac. Abr. Eject. A. 2; 2 Steph. N. P. 1374. In ejectment, under stat. of 1 Geo. IV. c. 87, s. 2, the landlord can recover the mesne profits of the premises, from the expiration of' the tenant's interest, down to the time of the verdict, or some other prior day, to be specially mentioned is the action by far the most in use in this country, and even in those states, as the reports show, wherein real actions still remain in force as the heritage of the old English common law.' In some of the states, it is said, it is retained with its fictions. and in others without. In...show more

Product details

  • Paperback | 256 pages
  • 189 x 246 x 14mm | 463g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236822625
  • 9781236822628