 | John Campbell Baron Campbell - Chief justices - 1849 - 620 pages
...counsel for the nephew, and succeeded in establishing the celebrated rule, that " Where the ancestor takes an estate of freehold, and in the same gift...limited, either mediately or immediately, to his heirs either in fee or in tail, 'heirs' is a word of limitation, so that the ancestor has in him an estate... | |
 | Commerce - 1850 - 712 pages
...succession, but by independent title. The decision in Shelly's case established the rule that when one by a gift or conveyance takes an estate of freehold, and...or immediately to his heirs in fee or in tail, that in such cases " heirs " is a word of limitation, and not a word of purchase ; that is, that the heirs... | |
 | Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - Commerce - 1850 - 736 pages
...succession, but by independent title. The decision in Shelly's case established the rule that when one by a gift or conveyance takes an estate of freehold, and...or immediately to his heirs in fee or in tail, that in such cases " heirs " is a word of limitation, and not a word of puichasn ; that is, that the heirs... | |
 | George Bowyer - Ecclesiastical law - 1851 - 218 pages
...in Shelly 's case. That rule is thus stated in Shelly's case, 1 Co. Rep. 104. " It is a rule of Law, when the ancestor by any gift or conveyance takes...heirs in fee or in tail, that always in such cases the heirs are words of limitation of the estate and not words of purchase." Thus as Edward Shelly took... | |
 | Alexander Mansfield Burrill - Law - 1851 - 570 pages
...rule in English law, propounded in Lord Coke's reports in the following form, — 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 htirs is a word of limitation and not of purchase. 1 Co. 104 a, Shelley's case. In other words,... | |
 | Asa Kinne - Courts - 1852 - 736 pages
...375. 7. What is the rule in Shelley's case 1 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 of the estate, and not words of purchase. — 1 Coke's Rep., 104.... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1854 - 650 pages
...case, reported in 1 Coke's Rep., 104, a, it was established at an early day as a rule of law, that when the ancestor by any gift or conveyance, takes...same gift or conveyance an estate is limited either immediately or mediately to his heirs, in fee or in .tail, that always in such cases the word " heirs... | |
 | Benjamin Lynde Oliver - Conveyancing - 1853 - 654 pages
...before the statute, and the inconveniences intended to be remedied by it. By the rule in Shelley's case, when the ancestor by any gift or conveyance takes...mediately or immediately to his heirs in fee or in tail, always in such case, (the heirs) are words of limitation of the estate, and not words of purchase ;... | |
 | Sir Edward Coke, Francis Hargrave - Land tenure - 1853 - 792 pages
...&c. THIS the subsequent conveyance or devise to his right heirs. For though it is a rule that, where the ancestor by any gift or conveyance takes an estate...mediately or immediately, to his heirs in fee, or in tail, " the heirs," in such cases, are words of limitation of the estate, and not words of purchase ; yet... | |
 | United States. Supreme Court - Law reports, digests, etc - 1853 - 672 pages
...But in our opinion, the rule in Shelly's case is not applicable to this devise. That rule is, that when the ancestor, by any gift or conveyance, takes...same gift or conveyance an estate is limited, either immediately or mediately, to his heire in fee or in tail, that the words heirs, &c., are words of limitation,... | |
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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... 
