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" It is a rule in law, 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, 'the heirs'... "
North Carolina Reports: Cases Argued and Determined in the Supreme Court of ... - Page 172
de North Carolina. Supreme Court - 1905
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A Digest of the Laws of England Respecting Real Property, Volume 4

William Cruise - 1818 - 596 pages
...ancestor. 3. To remedy this, it appears to have been very early established, as a rule of law, that " when the ancestor by any gift or conveyance takes...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 (the heirs)...
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A Systematic Arrangement of Lord Coke's First Institute of the Laws of ...

Sir Edward Coke, Sir Thomas Littleton, John Henry Thomas - 1818 - 752 pages
...obviate which inconveniences, was the origin of (he rule of law, laid down in Shelley's case, viz. that " when the ancestor, by any gift or conveyance, takes...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, ' the...
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Elements of Conveyancing: With Cursory Remarks Upon the Study of ..., Volume 5

Charles Barton - 1822 - 690 pages
...and not per formam danis, takes by descent. Thus, -by the rule in Shelley's case, so often mentioned, when the ancestor, by any gift or conveyance, takes...the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs, in fee or in tail, the word heirs, is a word of limitation...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 5

Great Britain. Court of Common Pleas, John Bayly Moore - 1823 - 726 pages
..." issue" in a will, is equivalent to " heirs." The rule is laid down in Shelley's case (6), that " when the ancestor, by any gift or conveyance, takes...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 ' the heirs...
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An Inquiry Into the Effect of Limitations to Heirs of the Body in Devises ...

William Hayes - 1824 - 542 pages
...different from, subsequent wqrds would be void; the defendant's counsel answered, that it is a RULE OF LAW when the ancestor by any gift or conveyance takes...the same gift or conveyance an estate is limited, either mediately or immedialeli/,1.0 hisheirs, in fee, or in tail; thata\wa.js, in such cases^ the...
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The Reports of Sir Edward Coke, Knt: In Thirteen Parts, Volume 1

Sir Edward Coke - 1826 - 734 pages
...as heir special ought to be heir general as well as heir special (t). Rule, that where the ancestor takes an estate of freehold, and in the same gift or conveyance an estate is limited, cither mediately or immediately, to bis heirs, either in !'<••• or in tail, the heirs arc words...
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American Quarterly Review, Volume 5

Robert Walsh - 1829 - 532 pages
...words of limitation, and not of purchase. The rule in Shelly's case, (1 Coke Rep. 104,) is this: "where the ancestor, by any gift or conveyance, takes an...the same gift or conveyance, an estate is limited either mediately or immediately to his heirs, in fee, or in tail, in such cases the word heirs, are...
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A Systematic Arrangement of Lord Coke's First Institute of the ..., Volume 2

Sir Edward Coke, John Henry Thomas - 1827 - 884 pages
...by the subsequent conveyance or devise to hi» right heirs. For though it is a rule, that where tb,e ancestor by any gift or conveyance takes an estate of freehold, and in the same gilt, or conveyance. an est. te is limited, either mediately or immediately to hie heirs in fee, or...
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Commentaries on the Laws of England, Volume 1

William Blackstone - 1827 - 916 pages
...regular course of descent from father to son, or from any other ancestor to hi? heir at law. 2. Where the ancestor, by any gift or conveyance takes an estate of freehold, an-1 in the same conveyance, an estate is limited, either mediately or immediately to his heir» ш...
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The London Magazine

1828 - 724 pages
...upon a rule thus expressed by my Lord Goke in his report of Shelley's case (1. Co. 93) : — " Where the ancestor by any gift or conveyance takes an estate...the same gift or conveyance, an estate is limited, either mediately or immediately to his heirs in fee or in tail, in all such cases the heirs are words...
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