 | James Kent - 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 an estate is limited, either mediately or immediately, to his heirs, in fee or in tail, the heirs are words of limitation... | |
 | Owen Davies Tudor - 1856 - 942 pages
...been adhered to more inflexibly, than that which is termed the rule in Shelley's Case, viz. that rvhen the ancestor by any gift, or conveyance takes an estate...in 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 heirs' are words... | |
 | 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... | |
 | 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...in 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 heirs" are words... | |
 | Hiram Denio - 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...the same gift or conveyance an estate is limited, either mediately or immediately to his heirs in fee or in tail, the heirs are words of limitation of... | |
 | Joshua Williams - 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...the same gift or conveyance, an estate is limited, either mediately or immediately, to his heirs in fee or in tail, the words " the heirs" are words of... | |
 | Illinois. Supreme Court - 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...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'... | |
 | Illinois. Supreme Court - 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 or conveyance an estate is limited, either mediately or immediately, to his heirs, either in • fee or in tail, the heirs are words of... | |
 | New York (State) - 1863 - 1026 pages
...rule, commonly described by lawyers as the rule ' in Shelly's case.' The terms of this rule are, ' That when the ancestor by any gift or conveyance, takes...is limited mediately or immediately to his heirs, or the heirs of his body, that the words heirs, &c. are always words of limitation of the* estate,... | |
 | Henry John Stephen - 1863 - 812 pages
...case(i). This rule is propounded in Lord Coke's Reports in the following form—that wherever a man by any gift or conveyance takes an estate of freehold,...in 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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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'... 
