 | James Kent - Law - 1854 - 728 pages
...several cases in the Year Books, to be, " that when the ancestor, by any gift or conveyance, *215 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." Mr. Preston, in his elaborate... | |
 | Owen Davies Tudor - Conveyancing - 1856 - 942 pages
...Anno 23 Eliz. in CB [REPORTED 1 Co. 93 b.] RULE IN SHELLEY'S CASE.] — Rule, that where the ancestor takes an estate of freehold, and in the same gift...limited, either mediately or immediately, to his heirs, or the heirs of his body, the word " heirs" is a word of limitation and not of purchase ; so that the... | |
 | Georgia. Supreme Court - Equity - 1857 - 972 pages
...the will within the rule in Shelly's case, that rule being as follows : " That it is a rule of law, when the ancestor, by any gift or conveyance, takes...either mediately or immediately, to his heirs in, for or in tail ; that always, in such cases, (the heirs) are words of limitation of the estate, and... | |
 | Law - 1857 - 386 pages
...legal memory of man. The rule was stated by one of the counsel in argument in these words — " Where the ancestor by any gift or conveyance takes an estate...freehold, and in the same gift or conveyance an estate ia limited either mediately or immediately to his heirs, in fee or in tail, in such cases ' the heirs... | |
 | Law - 1858 - 250 pages
...PROPOSITIONS. {Continued from p. 118.) RULE IN SHELLEY'S CASE.— 1. This rule (1 Co. Rep. 93 b.) is, that when the ancestor by any gift or conveyance takes...mediately or immediately to his heirs in fee or in tail, in such cases "the heirs" are words of limitation of the estate, and pot words of purchase ; in other... | |
 | James Kent - Law - 1858 - 778 pages
...ancestor, by any gift or conveyance, taketh an estate of freehold, and in the same * gift or * 215 conveyance an estate is limited, either 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. " i Mr. Preston, in his... | |
 | Joshua Williams - Real property - 1859 - 496 pages
...instance; and this rule is no other than the rule in Shelley's case, which lays it down for law, that when the ancestor, by any gift or conveyance, takes...mediately or immediately, to his heirs in fee or in tail, the words " the heirs" are words of limitation of the estate of the ancestor. The heir, if he should... | |
 | Hiram Denio - Law reports, digests, etc - 1859 - 652 pages
...substance of that rule as stated in the case itself, (Shelley's case, 1 Coke R. 104 a,) is, that " when the ancestor by any gift or conveyance takes...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." As our own distinguished... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1920 - 694 pages
...property. We said in Winter v. Dibble, 251 111. 200: "The rule as stated by Coke (vo1. 1, 1040,) is, 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.' This is a rule of law and... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1909 - 862 pages
...supra. The rule in Shclly's case, as stated in Baker v. Scott, supra, is, 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, the heirs are words of limitation of the estate and not words of purchase."... | |
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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... 
