Judgment Search Results Home > Cases Phrase: curtesy of england Page 1 of about 63,416 results (0.043 seconds)

Mercer Vs. Selden

Court : US Supreme Court

..... it is said "tenant by the curtesy of england is where a man taketh a wife seized in fee simple, or in fee tail general, or seized as heir in tail special, and hath issue by the same wife, male or female, born alive, albeit the issue after dieth or liveth, yet if the wife dies, the husband shall hold the land during his life, by the laws of england. ..... lands in fee simple, or fee tail general, and these lands descend to his daughter, and she taketh a husband and hath issue, and dieth before any entry, the husband shall not be tenant by the curtesy, and yet in this case she had a seizin in law; but if she or her husband had during her life entered, he should have been tenant by the ..... it has been held that the husband may claim as tenant by the curtesy, without entry, wild lands of which his wife was seized, and which were not held ..... it is clear, therefore, that swann could not claim as tenant by the curtesy, and consequently no such right could interpose to prevent the entry of the heirs of his ..... there must be an entry during coverture to enable the husband to claim by the curtesy. ..... seizin was necessary to enable the husband to claim as tenant by the curtesy. ..... her decease, as her husband became tenant by the curtesy. ..... no sense can he be considered as holding possession in virtue of his rights as guardian of the heirs of his deceased wife or as tenant by the curtesy. ..... general rule of law is that there must be an entry during coverture, to enable the husband to claim a tenancy by the curtesy. .....

PEMBERTON'S LESSEE Vs. HiCKS

Court : US Supreme Court

..... the death of the issue, or its arrival at full age, or the treason of the wife herself, cannot defeat the right acquired by a tenant by the curtesy initiate; and so far is lord coke from considering it as a mere expectancy, contingency, or possibility, that he emphatically declares, the husband 'having issue, is entitled to an estate for the term of his own life, in ..... seizen of the husband gives an inchoate right to dower; as the birth of heritable issue gives a curtesy initiate; and when it is said, that he cannot forfeit his curtesy by his wife's treason, there is great room to infer that he may forfeit it for his own ..... , a tenancy by the curtesy initiate is forfeited by attainder in england, a fortiori it is forfeited ..... was answered, that whether the subject was considered on general principles and authorities; or on the positive provisions of the act of assembly; a tenant by the curtesy initiate possesses such an interest in the wife's estate, as is forfeitable upon an attainder for treason. ..... it is not consistent with the authorities to say, that a tenant by the curtesy initiate, cannot grant his right, living his wife; and whatever a man has in his own right he ..... the birth of a child, the husband becomes only tenant by the curtesy initiate; and, to complete his estate, the death of the wife ..... , who have issue, and after he is attainted of felony, and then the king pardons him, per keble, he shall not be tenant by the curtesy by the issue had before; contra, if he had issue after. .....

Herron Vs. Dater

Court : US Supreme Court

..... 203, 210, that court said: "for above fifty years past, lands held by warrant and survey, without patents, have been considered as the legal estate in england, subject to the liens of judgment, curtesy, dower, and other incidents of real property. ..... 40, it is said: "in pennsylvania, a warrant and survey attended with payment of the purchase money is to be considered, as against all but the commonwealth, in the same light as the legal estate in england, and it is not to be distinguished, as to the mode of conveying, entailing, and barring entails, from estates strictly legal. . . . ..... tenancy by the curtesy and in dower are attached to it. .....

MCiLVAiNE Vs. COXE'S LESSEE

Court : US Supreme Court

..... been or could be objected against it) if the obedience and ligeance of the subject to his sovereign, be due by the law of nature, if that law be parcel of the laws as well of england as of all other nations, and is immutable, and that postnat and we of england are united by birth-right, in obedience and ligeance (which is the true cause of natural subjection) by the law of nature; it followeth, that calvin, the plaintiff, being born under one ligeance ..... by the declaration of independence the colonies became a separate nation from great britain; yet, according to the laws of england which we still retained, the natives of both countries, born before the separation, retained all the rights of birth. ..... a state may exclude aliens from acquiring property within it of any kind, as its safety or policy may direct; as england has done with regard to real property, saving, that in favour of commerce, alien merchants may hold leases of houses and stores, and may, for recovery of their debts, extend lands, and hold ..... as instances of the ridiculous, may be cited his 4th union, which is of the three lions of england and that of scotland quartered in one escutcheon-that moses was the first reporter-that all infidels are devils and perpetual enemies of christians one of the doctrines contrary to the present law of england is, that natural allegiance cannot be altered by the law or constitution of man, but is something celestial-de ..... allow us to hold lands in england upon the principles of curtesy. .....

Bai Shirinbai Rahim Valimahomed Vs. Narayandas Karamchand

Court : Mumbai

Reported in : AIR1954Bom38; (1953)55BOMLR481

..... companhia de mocambique', (1893) ac 602 (e), where it was held that the supreme court of judicature in england has no jurisdiction to entertain an action to recover damages for a trespass to land situate abroad. ..... various other considerations, which i need not go into here, have weighed with courts in england while determining the extent and scope of their jurisdiction. ..... now, the courts in england have always placed certain barriers on the exercise of its jurisdiction; onesuch barrier being that it will not entertain a suit in case of a local matter occurring outside the realm. ..... courts in england have refused to exercise jurisdiction in all matters relating to or concerning land situate abroad, except in limited cases where on equitable principles they have invoked their jurisdiction to act 'in personam'. ..... moreover, it would be unsafe to interpret a clause in the letters patent or to 'determine its application by relying on the extent and scope of the jurisdiction exercised by courts in england. 19. ..... i am not aware of any other legal phrase which has been the subject matter of judicial exposition of this nature except some phrases in the statute of frauds in england. .....

Nani Lal Roy Vs. Satyendra Nath Roy

Court : Kolkata

Reported in : AIR1952Cal1,55CWN636

..... from a consideration of these authorities i think it is clear that the courts in england would not grant a mandamus if the petitioner had an alternative remedy which was equally effectual, beneficial and convenient. ..... it was contended that this rule of the courts in england only applied if the alternative remedy was a remedy at common law and it did not apply if the alternative remedy was an equitable one. ..... it had always been the view of the courts in england that a writ of mandamus should not issue if the petitioner had another specific and adequate remedy. ..... that is the meaning which the courts in england have given to the phrase 'another specific and adequate legal remedy.'42. ..... charity commissioners for england and wales, (1897) 1 q. ..... bank of england, (1870 2 dougl, 524), that is, that a man has a specific remedy if an action would lie for complete satisfaction equivalent to a specific relief. ..... bank of england (1870) 2 dougl. .....

Khatizabai Mohomed Ibrahim Vs. Controller of Estate Duty, Bombay

Court : Mumbai

Reported in : (1959)61BOMLR719; [1959]37ITR53(Bom)

..... palkhivala, when analysed, comes to this : (1) the provisions of the two acts are in pari material : it is now accepted law in england that section 1 and section 2(1)(b) are mutually exclusive; (2) section 2(1)(b) is a provision relating to property to be deemed to pass on death; (3) the other provisions of sections 2(1)(a), 2(1)(c) and 2(1)(d) are also provisions relating to property to be deemed to ..... quoted in income-tax matters are appropriate to the subject of death duty and have been cited with approval by the house of lords in england as equally applicable in estate duty cases : 'in a taxing act one has to look merely at what is clearly said. ..... in that case the master of the rolls, after dealing with some of the earlier cases in england observes at page 475 as follows : 'but they are, in my judgment and for reasons which i will later give, no authority for the view that on the death of the first taker of a continuing annuity there is a ..... the dichotomy of lord macnaghten has not in terms been extended even in england to a case like the one before us and i see no reason why, however, hallowed by time the dichotomy may be in england, it should be extended to the provisions contained in section 5 and section 12 of the estate duty ..... of the indian law unaffected by the specialities of the english law and on fundamental concepts and on broad general principles, decisions of courts in england can, therefore, be useful and of considerable guidance if utilised with due care and caution. .....

Ramesh Ramanlal Saraiya Vs. Kusum Madgaokar

Court : Mumbai

Reported in : AIR1949Bom1; (1948)50BOMLR426

..... had been intended that the courts in india, acting under this act, should not have, in relation to a wife who had obtained a decree for judicial separation, the power which the court in england enjoyed, of increasing the amount of her permanent alimony as and when the circumstances justified an increase, but that they should be restricted to the making of one order only for permanent alimony, their lordships ..... the expression 'subject to the provisions contained in the act' is that the court cannot give any relief which is contrary to the provisions of the act, and as an illustration he indicates that although in england now a wife can get dissolution of marriage on proof of adultery alone, she cannot do so under the indian divorce act, because section 10 requires that adultery must be coupled with cruelty or with desertion. ..... my mind, therefore, in a case like the present one, where at the date when the indian divorce act was enacted there was no power in the courts in england to grant permanent alimony in cases of nullity of marriage, if such a power which would come in under section 7 was sought to be excluded, there must be clear ..... section 7 of the indian divorce act this court must ascertain whether under the principles and rules followed by the matrimonial courts in england permanent alimony can be granted after a decree for nullity of marriage, in england there was no such provision until 1907 when that provision was included by section 1 of the matrimonial causes act, 1907. .....

Union of India Vs. Reliance Indstries Ltd and anr

Court : Delhi

..... the parties shall exercise their rights and obligations as per the laws of india and shall not contravene any laws of india, it passes a human comprehension as to how the parties can subject themselves to public policy of england not to public policy of india by contravening laws of india by violating the clause 32.2 and also how any inference as to implied exclusion of indian law can be arrived at when the parties have themselves expressed in ..... the parties had consciously chosen the wordings of clause 33.12 to make it clear that the arbitration agreement contained in article 33 shall be governed by the laws of england, then only the stipulations as contained in article 33 shall be covered within its sweep and not the ones which were never intended to be governed by the said ..... to be examined as per the applicable laws of contract and other laws prohibiting private contract which is the laws of india and not by deciding the same in mechanical terms which is that the lexarbitri is england which would mean that the public policy of england would be looked into and thereby turning a nelsons eye to the public policy of india, which actually governs the entire contract. ..... 2 all e r 701.the queens bench division of the english court observed in the case where the governing law of the contract was indian law and the governing law of arbitration was the law of england that the english court while construing the violation of the laws is concerned with the english public policy and nothing else .....

Enercon (India) Ltd and ors Vs. Enercon Gmbh and anr

Court : Supreme Court of India

..... that there was a prima facie valid arbitration or that the english court had concurrent supervisory jurisdiction, it would be a recipe for confusion and injustice if, in the meantime, the english court were to conclude that england was the seat of the putative arbitration, and to assume jurisdiction over eil and the putative arbitration, and to conclude that there was a valid arbitration agreement, whether on the basis of a good arguable case ..... that there was a prima facie valid arbitration or that the english court had concurrent supervisory jurisdiction, it would be a recipe for confusion and injustice if, in the meantime, the english court were to conclude that england was the seat of the putative arbitration, and to assume jurisdiction over eil and the putative arbitration, and to conclude that there was a valid arbitration agreement, whether on the basis of a good arguable case ..... leads inexorably, in my view, to the conclusion that the issues to be determined in india, which could otherwise fall to be determined here in england, must be decided first by the indian courts and that, despite the delay and difficulties involved, the decision of the indian supreme court should be ..... leads inexorably, in my view, to the conclusion that the issues to be determined in india, which could otherwise fall to be determined here in england, must be decided first by the indian courts and that, despite the delay and difficulties involved, the decision of the indian supreme court should be .....