The History of the Doctrine of Consideration in English Law : Being the Yorke Prize Essay for the Year 1891
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139 (e3_ i689).
3 12 Edw. I. « Lib. x. c. 13.
5 The writ of justicies was directed to the sheriff commanding him to hear the case, and it was asserted by the royalists that such OF THE ABRIDGEMENTS. 115 Third, that it was in truth a real action, which the feudal theories of the Norman lawyers would not allow them to call real, because it did not necessarily concern the freehold. The gist of the action of Debt, and its variation, Detinue, really was at first that the defendant had got into his h...ands something that belonged to the plaintiff'. There is no important difference in Glanville between the writ of right for lands 1 and the writ of debt^ And, so late as the end of the sixteenth century, it was said that where there was an obligation to pay money at different dates, debt would not lie until the last had become due, for " the entire debt is to be recovered^" This fact was, doubtless, another cause of the ultimate unpopularity of the form of action ; but the objection was, apparently, removed by the 8 and 9 Will.
What to read after The History of the Doctrine of Consideration in English Law : Being the Yorke Prize Essay for the Year 1891?
You can find similar books in the "Read Also" column, or choose other free books by Jenks, Edward, 1861-1939 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
139 (e3_ i689).
3 12 Edw. I. « Lib. x. c. 13.
5 The writ of justicies was directed to the sheriff commanding him to hear the case, and it was asserted by the royalists that such OF THE ABRIDGEMENTS. 115 Third, that it was in truth a real action, which the feudal theories of the Norman lawyers would not allow them to call real, because it did not necessarily concern the freehold. The gist of the action of Debt, and its variation, Detinue, really was at first that the defendant had got into his h...ands something that belonged to the plaintiff'. There is no important difference in Glanville between the writ of right for lands 1 and the writ of debt^ And, so late as the end of the sixteenth century, it was said that where there was an obligation to pay money at different dates, debt would not lie until the last had become due, for " the entire debt is to be recovered^" This fact was, doubtless, another cause of the ultimate unpopularity of the form of action ; but the objection was, apparently, removed by the 8 and 9 Will.
What to read after The History of the Doctrine of Consideration in English Law : Being the Yorke Prize Essay for the Year 1891?
You can find similar books in the "Read Also" column, or choose other free books by Jenks, Edward, 1861-1939 to read onlineMoreLess
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