The Property Lawyer (Volume 4) (Paperback)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1827. Not illustrated. Excerpt: ... tarily left the realm of England, and, of such his fraud and covin, voluntarily remained in parts beyond the seas, until after the outlawry; whereupon issue was joined, and found for defendant: --Held, that the plea was not an answer to the assignment of error, and that judgment of reversal of the outlawry should be entered for the plaintiff in error, non obstante veredicto. S. C. in error. 5B. & C. 315. E. T. 1826. PARENT AND CHILD. See Brother. The Court of Chancery, representing the King as parens patrue, has jurisdiction to control the right of a father to the possession of his child; but the court of Common Pleas has not any of that delegated authority. Where, therefore, a father and his infant child, six years of age, were brought up under a writ of habeas corpus, in order that the child might be placed under the care of its mother, the court refused to interfere, although the husband and wife had separated, in consequence of his cruelty towards her, and the father, at the time of the application, was confined in gaol, and cohabiting there with another woman, who took the child to him daily. Exparte Skinner, Moore, 279. E.T.I 824. PARSONAGE HOUSE. See Dilapidations. PARTY WALLS. See Landlord and Tenant, 17. PARTNERSHIP. See Assumpsit, 4. Libel4. 1. If money be lent to one of two partners, who says he borrows it for the firm, and he misapply it, and there be proof that the plaintiff lent it under circumstances of negligence, and out of the ordinary course of business, he cannot recover against the other partner. Loyd and others v. Freshfield and Kaye, 1 Carr. and Pay. 325. T. T. 1826. 2. If money be lent to one partner on his individual credit: the fact that it is applied in discharge of the liabilities of the firm, will not enable the lender to sue the firm...