 | George Spence - Civil procedure - 1846 - 708 pages
...other respects from this construction, it has been established *- •* from a very early period, that when the ancestor by any gift or conveyance takes...in fee or in tail, that always in such cases " the heirs" are words of limitation of the estate (i), and not words of purchase; in other words, that the... | |
 | New Jersey. Court of Chancery - Equity - 1846 - 624 pages
...his legal heirs at law." This devise comes clearly within the rule in- Shelly's case, (I Co. 104.) "When the ancestor by any gift or conveyance takes...mediately or immediately to his heirs. in fee or in tail: always in such cases the word "heirs " is a word of limitation of the estate, and not a W9rd of purchase."... | |
 | Georgia. Supreme Court - Equity - 1847 - 556 pages
...voluminous as this one. In Fearne the rule is stated in the following words : " It is a rule of law, that when the ancestor, by any gift or conveyance, takes...in fee or in tail, that always in such cases, the heirs are words of limitation of the estate, and not words of purchase." 1 Fearne 71; 2 Fearne, 206.... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1849 - 916 pages
...was, whiat estate did he take under the deed. The court state the rule in Shelly's case thus, " Where the ancestor by any gift or conveyance, takes an estate...mediately or immediately to his heirs, in fee or in tail, the terms heirs are words of limitation, and not of purchase." We add however, when it is apparent... | |
 | Charles Broadbelt Claydon - Landlord and tenant - 1847 - 524 pages
...construction which must be here noticed, viz. that in Shelley's case (t). It is that, whenever a man by any gift or conveyance takes an estate of freehold,...mediately or immediately to his heirs in fee or in tail, the word " heirs" is a word of limitation and not of purchase ; that is, it is to be understood as... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1841 - 912 pages
...estate, (Price v. Price, 5 Ala. 580,) settles "that when tiie ancestor by any gift or conveyance, taketh an estate of freehold, and in the same gift or conveyance...mediately or immediately, to his heirs, in fee or in tail, the he.irs are words of limitation of the estate, and not words of purchase." — 1 Coke, 104. The... | |
 | Georgia. Supreme Court - Equity - 1848 - 702 pages
...Bill. [2.] Under the rule in Shelley's Case, "that when the ancestor, by any gift or conveyance, taketh an estate of freehold, and in the same gift or conveyance...mediately or immediately, to his heirs in fee, or in tail, the heirs are words of limitation and not words of purchase." (1 Reports 104 ;) or in Wild's case,... | |
 | Florida. Supreme Court - Law reports, digests, etc - 1848 - 786 pages
...Kent's Com., 221. That rule is stated to be "that when the ancestor, by any gift or conveyance, taketh an estate of free-hold, and in the same gift or conveyance...mediately or immediately, to his heirs in fee or in tail, the heirs arc words of limitation of the estate and not words of purchase." 4 Kent, 206. Hays on the... | |
 | James Kent - Law - 1848 - 798 pages
...the Year Books, to be, " that when the ancestor by any gift or conveyance, taketh an estate of *215 freehold, and in the same *gift or conveyance an estate...mediately or immediately, to his heirs, in fee or in tail, the heirs are words of limitation of the estate, and not words of purchase." Mr. Preston, in his elaborate... | |
 | 1849 - 734 pages
...remainder over to EF Now by the rule in Shelley's case, " wherever a man, by any gift or conveyance, tHkes an estate of freehold, and in the same gift or conveyance...mediately or immediately, to his heirs in fee, or in tail, the word heirs is a word of limitation and not of purchase." Consequently CD will not take a life estate,... | |
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Coke (vo1. 1, 1040,) is, that 'when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs in fee or in tail, that always in such cases... 
