Report of Cases Argued and Determined in the English Courts of Common Law Volume 5 (Paperback)

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. 1857 Excerpt: ...where a bill was filed for the specific performance of an agreement for the purchase of an estate, and the decree was for payment of interest on the purchase money and costs: Held, that no action at law was maintainable to recover such interest and costs. Carpenter v. Thornton, M. 60 G. 3. 52 A justification in trespass, that by custom a court had, from time immemorial, been holden before the steward and port-reere of a borough, or their sufiicient deputy or deputies, and that a court was holden before C. D., the deputy of A. B., who was then steward and portreeve: Held, that upon this plea, the two officcs must be taken to have been compatible, and that the appointment of the deputy by the person holding both oflices was sufficient. Green v. Davies and Another, M. 60 G. 8. 60 Where a plea stated that A. was entitled to the equity of redemption, and subject thereto, that B. was seised in fee, and that they by lease and release granted, &c., the premises, excepting and reserving to A. and his heirs, &c., a liberty of hunting, &.c.: Held, that as A. had no legal interest in the land, there could be no reservation to him, and that this was a defectige title, and not a title defectively set out, and that the plea was bad in substance. Moore v. The Earl of Plymouth, 'M. 60 G. 3. 66 A count in assumpsit against husband and wife, who was administratrix, with the will annexed upon promises by the testator to pay rent, cannot be joined with counts upon promises by the husband and wife, as administratrix, for use and occupation by them after the death of the testator. Wigley v. Ashton, M. 60 G. 3. 101 A conviction stated, that plaintifi' having been brought before a magistrate on an information charging him with having unlawfully returned with...