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. .....
Tag this Judgment!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. .....
Tag this Judgment!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. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : US Supreme Court
..... if a man cuts trees in ireland, and then goes into england, trover lies against him. .....
Tag this Judgment!Court : US Supreme Court
..... nothing more was meant by the act, than to give assignees the benefit of suing in their own names and preventing any release, or other dealings, affecting the assignee after assignment once made; that in england, a bond passes into the hands of an assignee subject to all the equity it had in the hands of the assignor, for which they quoted 6 vern. ..... the council for the plaintiff, in reply, admitted the law in england as laid down by the defendant in the case of bonds; and, that before the statute, promissory notes were only evidence of a debt; there was no property transfered; but that the act of assembly and act of parliament ..... subject to a common law remedy, and substitute the doctrine of the courts of equity in england in this province, and no farther. ..... to show that promissory notes in england, are not subject to any discount or sett off, between the promissor and promisee, the following cases were ..... (1776) the council for the plaintiff contended, that by the * act of assembly, bonds, bills and notes were negotiable, as promissory notes in england under the 3 and 4 ann. ..... bills in england were negotiable before the statute; notes were only evidence of a debt; the statute was made to put them on the same footing with ..... declared on, shows it was the sense of the practitioners, that promissory notes are not negotiable here as in england. ..... the council for the defendant contended, that it was not the intention of the legislature to make bonds negotiable here as promissory notes in england. .....
Tag this Judgment!Court : US Supreme Court
..... tobacco shipped to france, with an avowed intent to remit the proceeds to england for the payment of debts, would not be prize on an american capture. ..... british crown may indeed be benefited in some degree; it was not meant to deprive great britain of every benefit; she draws some benefit from having a few remittances made from sales abroad, to a few of her subjects in england, owning estates in dominica. ..... ' the article is this: 'the inhabitants of the island shall have liberty to send their children to england, to be there educated, page 2 u.s. ..... 1, 12 and to send them back again, and to make remittances to them while in england. .....
Tag this Judgment!Court : US Supreme Court
..... the plaintiff produced the probate of a will, under the seal of the prerogative court of canterbury in england, to prove title to the lots in question in those under whom he claimed; which probate was not recorded in the office here. ..... 64, 67 it was said in the course of this cause, that no act of parliament made in england, previous to the settlement of the province of pennsylvania, shall extend to the province, unless directed to be so extended either by acts of assembly, adjudications of courts, or established usage; and, therefore, the statute 32. h. 8. c. 9. ..... it is the opinion of the court, however, that the common law of england has always been in force in pennsylvania; that all statutes made in great-britain before the settlement of pennsylvania, have no force here, unless they are convenient and adapted to the circumstances of the country; and that ..... the plaintiff produced a deed executed in england, and recorded here; which was read in evidence. ..... a deed executed in england, and acknowledged here, though not recorded, was read in evidence. .....
Tag this Judgment!Court : US Supreme Court
..... ] 'admirals and their deputies are prohibited from medling with any thing done within the realm of england, but only with things done upon the seas, according to that which hath been duly used in the time of edward the third,' and it is 'declared, that the court of the admiral hath ..... be answered in any court of westminster hall, and therefore a the very great antiquity of the court of admiralty in england, an d the extent of its jurisdiction, may be known from the learned selden's notes on fortescue de laudibus p. ..... ' 'these views are answered' here in the court of admiralty, and with as good cautions as in england; and as far as a court of appeals is concerned, they can be answered in this court as fully as in a court ..... in brief, they had effects in their hands, which by the maritime law of england, belonged to the king or his admiralty, and they were obliged to account for ..... how far soever, the learned judges in england, have carried the justification of captures, from the circumstance of their being made as prize, yet they never have carried it as ..... yet, notwithstanding these statues, mariners have in england been allowed to sue for wages in the admiralty, upon contracts made there within the body of a county, 'against the statute expressly,' as was held by the judges, when that ..... much has been said of a distinction in england, between the instance court and the prize court, though the powers of both are exercised by the same person; and it is urged that only the latter judges by the .....
Tag this Judgment!Court : US Supreme Court
..... books do not inform us, except very rarely, of the executions of capital offenders; they are generally to be found in the histories of the times, or in the periodical publications; and, therefore, we cannot mention with certainty any modern instances in england, prior to our declaration of independence, of persons being executed upon outlawry by judicial proceedings alone; but lord chief justice mansfield in wilkes's case, expresses himself thus: 'flight, in criminal cases, is itself a crime. ..... and is not this construction, in favor of life, strengthened by the improbability, that the legislature of pennsylvania intended to make the law in this case more sanguinary here, than the law of england at that period, which, it is apprehended, required one or more writs of capias-an exigent-five exactions-at five different county courts-a proclamation at the door of a place for divine worship, &c ..... we find, that executions have been commanded to be done by the court without writ, sometimes by writ; and that the king in england has, by special warrants, frequently remitted part of the punishment and directed the rest, and changed hanging for beheading, though some have doubted of his authority to do so, in the latter ..... we conceive, all the authorities and precedents of outlawries in capital cases at common law in england, as applicable to the present case; there being no difference, but in the form and manner of proceeding to the outlawry, which is made by the before mentioned act of .....
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