The Law Dictionary

Law Dictionary

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SHELLEYS CASE

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(Shelly's Case) This case, reported in 1 Rep. 93, contains a rule usually known as the rule in Shelley's case, which has caused more commentaries perhaps than any other case. It has been expressed with great precision, though not with much elegance, to be in any instrument, if a freehold be limited to the ancestor for life, and the inheritance to his heirs, either mediately or … [Read more...] about SHELLEYS CASE

SHELLEY’S CASE, RULE OF

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"When the ancestor, by any gift or conveyance, tak eth 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 of the estate, and not words of purchase." 1 Coke, 104. Intimately connected with the quantity of estate which a tenant may hold in realty is … [Read more...] about SHELLEY’S CASE, RULE OF

SHEPARDIZE

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The act of using Shepard's Citations to locate a case history and determine the outcome of cases so as to see whether they can act as authority (e.g. some cases are overruled and thus do not stand for authority.) … [Read more...] about SHEPARDIZE

SHACK

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In English law. The straying and escaping of cattle out of the lands of their owners into other uninclosed land; an intercommoning of cattle. 2 H. Bl. 416. It sometimes happens that a number of adjacent fields, though held in severalty, i.e., by separate owners, and cultivated separately, are, after the crop on each parcel has been carried in, thrown open as pasture to the … [Read more...] about SHACK