A Digest of the Laws, of England Respecting Real Property, Volume 4

Front Cover

From inside the book

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Conſtruction of private Acts
40
Habendum
43
A private A may be relieved againſt
49
Where repugnant to Premiſes
50
Standing Orders of the Houſe of Lords
54
As to Bills relative to Eſtates in Ireland
55
ibid
63
CHAP V
64
Joint and ſeveral Covenants
67
Covenants real
68
Bind all claiming under the Grantee 30 And all claiming under the Grantor 37 Covenants for the Title to Lands
79
Uſually reſtrained to the Acts of the Vendor 50 Who are held to claim through the Vendor 52 Or by his Default 53 Covenants for production of Title...
87
Who are bound to enter into theſe Covenants 70 Concluſion
99
CHAP VI
100
Operation of a Feoffment
108
Creates a Diſcontinuance
110
And alſo a Forfeiture ibid 34 Of a Gift III
111
No technical Words neceſſary
112
CHAP VII
115
No technical Words neceſſary
116
May determine on Breach of a Condition 118 10 May determine on Breach of a Condition 11 Who may make Leaſes ibid 12 Jointtenants Coparcen...
119
Huſbands ſeiſed jure uxoris
120
23
121
Tenants for Life
127
Tenants in Dower and by the Curteſy
128
Tenants for Years
129
Guardians in Socage ibid 48 Executors and Adminiſtrators ibid 49 Who are incapable of making Leaſes
130
Infants ibid 53 Married Women
131
CHAP VIII
139
Implies a Warranty
140
Can only be between two Parties
141
Who may exchange
142
ibid
146
CHAP IX
155
No technical Words neceſſary 4 Nor Livery of Seiſin 5 Muſt be in Writing
156
What Eftate neceſſary
157
Of an Aſſignment
161
No technical Words neceſſary 20 Muſt be by Deed 21 What may be aſſigned 24 Of a Defeazance 155 156 ibid ibid 157 163 161 ibid
162
CHAP X
165
ibid
169
ibid
170
CHAP XI
172
Transfers
173
Adams 234 270 Blanford v Marlborough 289
189
A Rent may be reſerved on a Covenant
192
a 4
197
What Confideration neceſſary
203
How the Lands ſhould be deſcribed
210
No Confideration neceſſary
211
Declarations of Uſes made prior to Fines or Recoveries
212
Declaration of Uſes made ſubſequent
219
Who may declare Uſes
220
The King
221
Infants
224
Idiots and Lunatics
226
The Right to declare Uſes is coextenſive with the Eſtate ibid 41 Uſes may be declared on a Leaſe and Releaſe
227
CHAP XV
228
Diviſion of Powers
229
Powers in groſs
230
173
231
A Power of Appointment implies a Power of Revocation but not č contra
232
A Power of Appointment includes a Right to reſerve a new Power
233
Exception Powers collateral
235
To whom Powers may be given ibid 24 Infants ibid 26 Married Women
236
CHAP XVII
287
CHAP XVIII
293
12
297
CHAP XIX
324
Baſſett 207 Brooks v Brooks
330
CHAP XX
333
When a Power becomes void
342
An Appointment muſt be regiſtered Page
346
Regiſtering an Aſſignment is not regiftering a Leaſe
348
Regiſtering is not Notice ibid 16 Notice takes away the Effect of regiſtering
353
Bat the Notice muſt be fully proved
363
Of inrolling Deeds
366
CHAP XXII
367
Breaking off the Seat
369
When ufurious
370
Of the Statutes 13 Eliz C 5 27 Eliz C 4
372
What Conveyances are within theſe Statutes
373
Notice is immaterial
375
Conveyances for a good Confideration only
378
Conveyances with Power of Revocation
380
Who are deemed Purchaſers nnder the 27 Eliz
382
Proviſo made in favour of Conveyances made upon good Conſideration
388
Oughton 301 Burrells Cafe 374
390
Settlements in Confideration of Marriage ibid 66 How far the Confideration of Marriage extends
398
Settlement by a Widow on her Children
404
Whether Copyholds are within theſe Statutes ibid 76 Voluntary Conveyances are binding on the Party
405
Dureſs
406
Equity avoids Deeds obtained by Fraud ibid 87 Or made in Derogation of the Rights of Marriage
408
Warburton 236 Cannell v Buckle
409
CHAP XXIII
415
Words ſometimes rejected ited
418
Omiſſions
419
What
439
Limitation to A and his Heirs remainder over
445
Uſual Modes of limiting Eſtates Tail
453
What Words create a Tenancy in common
467
Beckwiths Caſe 222 Chalk and Peters Cafe 520
470
Page j11 Mode in which Limitations are veſted
474
Of Joint and ſeveral Limitations
475
Both the Eftates muſt be created by the ſame Inſtrument
478
It is the ſame where the Anceſtor takes by Implication
480
The Rule not extended to the Words Son c ibid 31 Nor to the Word Heir in the Singular Number
481
Nor where the Eſtates are of different Natures ibid 35 Nor to Caſes of Marriage Articles
482
The Rule adopted in Aflignments of Terms for Years
484
526
485
Unleſs there are ſuperadded Words
489
CHAP XXVI
491
Hiſtory of Settlements
493
Eſtate may be rendered unalienable for Lives in being and 21 Years after
495
This Rule applied to ſpringing and ſhifting Uſes
496
And alſo to Uſes ariſing from Appointments
497
78 But not to Remainders after Eftates Tail
503
An unborn Perſon may be made Tenant for Life 404
505
Theſe Rules applicable to Declarations of Truſt of Terms for Years
506
TITLE XXXIII
509
What makes a private Act
511
Some Cafes in which private Acts may be obtained
513
Mode of paſſing private Aets
514
Operation of a private Act
519
Will bar an Efate Tail and all Remainders over
520
38
525
ords 553
560
TITLE XXXIV
564

Other editions - View all

Common terms and phrases

Popular passages

Page 550 - ... be paid into the Bank of England in the name and with the privity of the Accountant-General of the Court of Chancery...
Page 41 - Tenement is a word of still greater extent, and though in its vulgar acceptation it is only applied to houses and other buildings, yet in its original, proper, and legal sense it signifies everything that may be holden, provided it be of a permanent nature ; whether it be of a substantial and sensible, or of an unsubstantial, ideal kind.
Page 165 - If this be all, the bond is called a single one, simplex obligatio;* but there is generally a condition added, that if the obligor does some particular act, the obligation shall be void, or else shall remain in full force: as, payment of rent; performance of covenants in a deed; or repayment of a principal sum of money borrowed of the obligee, with interest, which principal sum is usually one half of the penal sum specified in the bond.
Page 10 - When the several parts of an indenture are interchangeably executed by the several parties, that part or copy which is executed by the grantor is usually called the original...
Page 373 - Eliz. is this; if there is a voluntary conveyance of real estate or chattel interest by one not indebted at the time, though he afterwards becomes indebted, if that voluntary conveyance was for a child, and no particular evidence or badge of fraud to deceive or defraud subsequent creditors, that will be good ; but if any mark of fraud, collusion, or intent to deceive subsequent creditors appears, that will make it void ; otherwise not, but it will stand, though afterwards he becomes indebted.
Page 392 - The queflion, therefore, in every cafe is, whether *' the aft done is a bond fide tranfa£Uon ; or, whether ** it is a trick and contrivance to defeat creditors. If >' there be a conveyance to a truftee for the benefit " of the debtor, it is fraudulent : the queftion then " is, whether this fettlement is of that fort ? It is a " fettlement, which is very common in great families.
Page 116 - ... words, whether they run in the form of a licence, covenant, or agreement, are of themselves sufficient, and will, in construction of law, amount to a lease for years, as effectually as if the most proper and pertinent words had been made use of for that purpose...
Page 138 - This case,' said Lord MANSFIELD, 'is extremely clear. To construe this acceptance of rent, due since the condition broken, a waiver of the forfeiture, is to construe it according to the intention of the parties. Upon the breach of the condition the landlord had a right to enter. H He had full notice of the breach, and does not take advantage of it, but accepts rent subsequently accrued. That shows he meant the lease should continue. Cases of forfeiture are not favoured in law; and when the forfeiture...
Page 459 - M. to be begotten, share and share alike, equally to be divided between them, and of the heirs of the body and bodies of all and every such daughter and daughters lawfully issuing, and for default of such issue, over.
Page 413 - ... upon them. But here a distinction must be taken between an indenture and a deed-poll: for the words of an indenture, executed by both parties, are to be considered as the words of them both; for, though delivered as the words of one party, yet they are not his words only, because the other party hath given his consent to every one of them. But in a deed-poll, executed...

Bibliographic information