The Law of Executions: To which are Added, the History and Practice of the Court of King's Bench; and Some Cases Touching Wills of Lands and Goods |
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The Law of Executions: To Which Are Added, the History and Practice of the ... Geoffrey Gilbert No preview available - 2018 |
The Law of Executions: To Which Are Added, the History and Practice of the ... Geoffrey Gilbert No preview available - 2016 |
The Law of Executions: To Which Are Added, the History and Practice of the ... Sir Geoffrey Gilbert No preview available - 2019 |
Common terms and phrases
Action affigned Affize aforefaid afterwards againſt Attorney Audita Querela Bail becauſe Cafe Capias Caufe cauſe certify Certiorari Chancery Chattels Common Pleas Conufee Conufor coram County Cuftody cution Debt Default Defendant delivered Devife diſcharged doth Dower Eftate Elegit Eſcape Eſtate Execution Executor faid fame fatisfied fecond feems feized Feme Feme covert fend fent Feoffee Feoffment fhall fhew fhould Fieri facias fince firft firſt fome fore fuch fued fufficient fuperior Court hath Heir himſelf Huſband Iffue itſelf Judg Judgment Juftices Jurifdiction King King's Bench King's Court Lands Latitat Levari levied Lord Manor ment Mittimus Moiety muft muſt nobis noftri Outlawry Party Perfon Plaintiff plead præd Prifoner purchaſed quæ Reaſon Recognizance Regifter Releaſe Return Salk Scire facias ſeems ſhall ſhe Sheriff Statute ſuch Tenant Tenor Term theſe tion unleſs unto vobis Wife Writ of Error Writ of Right
Popular passages
Page 175 - The writ of certiorari is an original writ, and issueth sometimes out of the Chancery, and sometimes out of the King's Bench, and lieth where the king would be certified of any record which is in the treasury, or in the Common Pleas, or in any other court of record...
Page 237 - The writ of admeasurement of dower lieth where the heir, when he is within age, endoweth the wife of more than she ought to have dower of, or if the guardian...
Page 94 - In Gilbert on Executions, p. 94, it is said, " but though there was a year and a day to execute the judgment, yet if there was execution taken out, and that was continued beyond the year, there was no occasion for a sei. fa., for then at common law there was a presumption that the judgment was satisfied.
Page 237 - Dower lieth where the Heir, when he is within . Age, endoweth the Wife of more than (he ought to have Dower of, or if the Guardian endow the Wife of more than the third Part of the Land of which fhe ought to have Dower, then the Heir at his full Age may fue this Writ againft the...
Page 379 - ... the time of the last sickness of the deceased, and in the house of his or her habitation...
Page 355 - Fieri facias, directed to the Sheriff of the County where the Action is laid, and returnable before the Day to make out a'feftatum againft the Defendant; but no fuch Cap.
Page 12 - ... to be executed at any time ; for then dormant judgments would overreach conveyances between the parties, and therefore there was but a year's time to execute such judgment, which judgment overreached all conveyances and forced the party to his audita querela.
Page 347 - ... until the next term; unless the action be in London or Middlesex, and the defendant be in prison within...
Page 68 - On a writ of error from the King's Bench to the Exchequer chamber, or House of Lords, after the proceedings are remitted into the King's Bench, they are entered at the foot of the original roll in that court; and if a writ of error be first brought in the Exchequer chamber, and afterwards in the House of Lords, the proceedings in both courts are entered, after...
Page 380 - ... been resident for the space of ten days or more next before the making of such will, except where such person was surprised or taken sick, being from his own home, and died before he returned to the place of his or her dwelling.