A Practical Treatise On the Office of Sheriff Comprising the Whole of the Dutie
A Practical Treatise On the Office of Sheriff Comprising the Whole of the Dutie
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To quickly assess the difficulty of the text, read a short excerpt:
356, the inquest may perhaps be insuffi- S. C. Cient;" but see Lane, 50, 51 ; 2 ELEGIT.
a moiety in value of the house, and the sheriff should deliver those rooms to the plaintiff (ii).
Before the stat. 1 & 2 Vict. C. 110, if the sheriff did not set out and deliver the moiety of the lands by metes and bounds, the return was void (x). If the inquisition be void for uncertainty, or for any other defect, the court will set aside the return, and will order the writ to be vacated and grant another, ...and amerce the sheriff (y) ; but after the return has been filed, the courts formerly would not set aside a writ of elegit (2) ; and in a recent case (a), on a motion to set aside two writs of elegit, the court refused to set aside the second writ, because the sheriff had de- livered the whole of the land remaining after the first elegit on the second, inasmuch as such return was a mere nullity.
But if lands which cannot be extended on an elegit be found on the inquisition together with lands which can properly be extended, and the sheriff sets out each, it would appear that the extent is not bad in toto, but only for the part that is not ex- tendible (b).
What to read after A Practical Treatise On the Office of Sheriff Comprising the Whole of the Dutie?
You can find similar books in the "Read Also" column, or choose other free books by Henry William Watson to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
356, the inquest may perhaps be insuffi- S. C. Cient;" but see Lane, 50, 51 ; 2 ELEGIT.
a moiety in value of the house, and the sheriff should deliver those rooms to the plaintiff (ii).
Before the stat. 1 & 2 Vict. C. 110, if the sheriff did not set out and deliver the moiety of the lands by metes and bounds, the return was void (x). If the inquisition be void for uncertainty, or for any other defect, the court will set aside the return, and will order the writ to be vacated and grant another, ...and amerce the sheriff (y) ; but after the return has been filed, the courts formerly would not set aside a writ of elegit (2) ; and in a recent case (a), on a motion to set aside two writs of elegit, the court refused to set aside the second writ, because the sheriff had de- livered the whole of the land remaining after the first elegit on the second, inasmuch as such return was a mere nullity.
But if lands which cannot be extended on an elegit be found on the inquisition together with lands which can properly be extended, and the sheriff sets out each, it would appear that the extent is not bad in toto, but only for the part that is not ex- tendible (b).
What to read after A Practical Treatise On the Office of Sheriff Comprising the Whole of the Dutie?
You can find similar books in the "Read Also" column, or choose other free books by Henry William Watson to read onlineMoreLess
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