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17)
Common Law.
but what I am apt to suspect on this occasion
is, that the intention appeared not to be to life for which it was the intention to
let the premises was not appeared to be not the
lessor's own, but the lessees. If I might indulge my
self in conjecturing so particularly I would even suppose that
the lessor's was a young and promising life, the lessees an old one
and unpromising one: & on that, or some such account
it might have been the lessor's an meaning to let dispose of the
premises for his the lessee's life, but by no means
for his own: that the Judge whoever it was that
made the determination in question saw this; but
that the expedient pleasure lawyers have in being
cunning or astute as they call it suggested to him the expedient
of making the lessee a present of his life in
them. Were I to have such a case to determine
the determination disposition I should wish to make of the estate
[in question] is, to the lessee, not for the whole entire life
of the lessor, but for the joint lives of them both: that
is to the lessee for the life of the lessee, because
such was the intention of the parties; but determinable
by the life death of the lessor, if that should first happen,
because [such is the rule of Law.] to his life is his
power of disposal limited by the rule of Law. Such
if I though the nature of my jurisdiction warranted it
to the would be my determination in the case supposed, my
determination: and from such a determination the rule
I should deduce would be. That where the whole disposition
Identifier: | JB/028/123/001 "JB/" can not be assigned to a declared number type with value 28.
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123 |
common law |
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recto |
b17 f17 / e18 / b19 f19 / e20 |
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jeremy bentham |
[[watermarks::[monogram] [britannia with shield emblem]]] |
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9388 |
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