Dor, on Demise of Johnston, v Phillips
| Jurisdiction | England & Wales |
| Judgment Date | 04 July 1808 |
| Date | 04 July 1808 |
| Court | Court of Common Pleas |
English Reports Citation: 127 E.R. 871
Common Pleas Division
1 TAUNT. 8543. CA HEW, VOUCHNE 871 irr which shape the case was first brought forward. But they severely animadverted on the too frequent practice of delivering particulars which were so general, as to convey no further information to the parties than they could gain from the declaration itself, and termed it a contempt of the orders of the Court, and a means of burthening the parties with an increase of costs ; and considering that the Defendant was not bound by the second particular to prepare his defence against any demand which was shut out by the first, they Discharged the rule. CAREW, Vonchee. July 4, 1808. In a recovery suffered of manors, the Court permitted an amendment by the insertion of messuages originally parcel of the manor, but severed by a settlement, and omitted to be named in the recovery ; the vouchee being tenant in tail, still alive, and the messuages intended to pass. Shepherd Se*. moved to amend a common recovery, suffered of certain manors in Devon, by inserting certain rnessuages. The recovery was suffered with an intention to pass all the estates of inheritance of Mr. Carew in the county of Devon. The deed to make the tenant to the preeipe had the words "all other the messuages, lands, tenements, and hereditament; whereof or whereto the said Carew was entitled to any estate of freehold of inheritance in the county of Devon." Certain messuages were originally parcel of the manors in that deed and in the recovery named, but by a private act of parliament, passed in 1751, for the purpose of a settlement, they were separated from the ma-[356j-uors, and will not now pass as parcel, although Mr. Carew is entitled to them. The Court inquired whether his affidavit stated that Mr. Carew was...
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Hick against Keats
...529), where it was so held, no pecuniary consideration appeared in the plea. Here such a consideration is shewn. Doe v. Phil-[72']-lips (1 Taunt. 356), is distinguishable, for there no money passed between the grantor and grantee; but Crosley v. Arkwright (2 T. E. 603), is very like the pre......