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

Front Cover
A. Strahan, 1804 - Real property

From inside the book

Contents

a 2
25
Brooks v Brooks
26
Reading
27
Signing and fealing ibid 49 Delivery
28
29 Transfers the Freehold by Diffeifin
29
Atteflation
31
CHAP III
32
The Premiſes
33
Recital
37
Confideration ibid 24 Grant
38
Defcription of Things granted ibid 45 Claufe refpecting Deeds
45
Exception
46
Habendum ibid 52 Tenendum
47
Reddendum ibid 54 Condition
48
CHAP IV
49
Implied Warranty
51
Lineal Warranty
52
Affets
53
Collateral Warranty
54
Statute of Glouceſter
56
A collateral Warranty bars Eſtates Tail
61
Statute 11 Hen 7 c 20
62
How a Warranty may be deſtroyed
63
CHAP V
64
Implied Covenants
66
Joint and feveral Covenants ibid 16 Covenants real
68
Bind all claiming under the Grantee
69
And all claiming under the Grantor
74
Covenants for the Title to Lands
77
Uſually reſtrained to the Acts of the Vendor
81
Who are held to claim through the Vendor
84
Or by his Default
86
Covenants for production of TitleDeeds ibid 54 What Covenants where the Title is defective ibid 55 Remedies under theſe Covenants
87
Who are bound to enter into thefe Covenants
92
Conclufion
99
CHAP VI
100
Of Livery of Seifin
102
Who may convey by Feoffment
106
A Feoffment cannot commence in futuro
107
Operation of a Feoffment
108
CHAP VII
115
Of a Partition
143
Of a Releaſe ibid 13 Operative Words
144
Different Kinds of Releaſes
145
Mitter P Eftate ibid 20 Mitter le Droit 146
146
By Enlargement
147
By Extinguiſhment
150
What may be releaſed
151
Of a Confirmation
152
CHAP IX
155
No technical Words neceſſary
156
Must be in Writing ibid 8 What Eftate neceffary
157
8
158
Of an Affignment
161
Must be by Deed ibid 21 What may be affigned
162
Of a Defeazance
163
CHAP X
165
Where the Remedy may exceed the Penalty ibid
169
Affignable
170
CHAP XI
172
Belfon
177
Godfcall
188
The Eftate continues until a Uſe arifes
195
CHAP XIV
205
How the Lands ſhould be deſcribed
210
No Confideration neceſſary
211
Declarations of Ufes made prior to Fines or Recoveries
212
Declaration of Ufes made fubfequent
219
Who may declare Ufes
220
The King
221
Married Women ibid 33 Infants
224
Idiots and Lunatics
226
The Right to declare Ufes is coextenſive with the Eſtate ibid 41 Ufes may be declared on a Leafe and Releaſe
227
CHAP XV
228
Powers in grofs
230
By what Words created
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
ExceptionPowers collateral
235
To whom Powers may be given ibid 24 Infants ibid 26 Married Women
236
Who may be Appointees
241
CHAP XVI
246
Where the particular Inftrument is ſpecified it muſt be adopted
250
Exception
255
A Will made in execution of a Power retains all its Properties
256
The Power need not be recited
257
But the Inftrument muſt refer to the Eſtate
259
A Power may be executed by feveral Inftruments ibid 31 And at different Times
260
Effects of the Execution of a Power
281
Will not defeat a prior Eſtate
285
CHAP XVII
287
Fortune
289
CHAP XVIII
293
Conftrued ftrictly
294
Restrictions annexed to leafing Powers
295
Ift As to the Inftrument ibid 8 2d As to the Lands to be leafed
296
3d
304
70
310
In what Conveyances leafing Powers may be inferted
322
Where the Power is not well executed the Leafe is void
323
CHAP XIX
324
519 520
326
But a Nonexecution will not be ſupplied
330
CHAP XX
333
A Fine or Recovery
334
A Bargain and Sale ibid 5 Powers in grofs not barred by a Conveyance of the Land
335
Powers to Leaſe not barred by a Charge on the Land
336
io Powers collateral not barred by Releaſe or Conveyance
337
A Power may be merged
338
A Power may be forfeited to the Crown
339
In what Cafes fuch Power may be executed ibid 18 When a Power becomes void
342
CHAP XXI
343
Utility of the Register Acts
345
Notice takes away the Effect of regiſtering
348
Diſclaimer
367
Haines
393
15 Omiffions fupplied
415
7
417
will be allowed to operate fome other Way
420
Where the Grantee has an Election how to take
423
In what Cafes Averments are admitted
425
Where a Deed is uncertain it has no effect ibid 29 Conftruction of Conveyances to Ufes
426
Conſtruction of Declarations of Truſt
428
General Rules
429
Parties ibid 38 Recital
430
Grant ibid 43 Habendum
431
Where repugnant to Premiſes
433
Where it enlarges abridges or explains the Premifes
434
Where it is not controlled by the Premiſes
436
Words of Limitation and Purchaſe
437
CHAP XXIV
439
The Word Heirs muſt be uſed
440
Exceptions
441
What Words create an Eſtate in Tail
442
Limitation to A and his Heirs remainder over
445
Limitation to A and his Wife and the Heirs of the Body of A or of his Wife
446
Effect of a Limitation to the Heirs of the Body of A
449
Ufual Modes of limiting Eftates Tail
451
What Words create an Eſtate for Life
453
What Words create a JointTenancy
454
What Words create a Tenancy in common
455
No technical Words neceffary
459
What Words create a Condition
467
CHAP XXV
470
The Rule ftated
471
Both the Eftates must be created by the fame Inftrument
478
It is the fame where the Ancestor takes by Implication
480
Nor to the Word Heir in the Singular Number
481
Nor where the Eſtates are of different Natures ibid 35 Nor to Cafes of Marriage Articles
482
The Rule adopted in Affignments of Terms for Years
488
Unleſs there are fuperadded Words
489
CHAP XXVI
491
Mode
495
This Rule applied to ſpringing and ſhifting Uſes
496
And alfo to Ufes arifing from Appointments
497
But not to Remainders after Eſtates Tail
503
An unborn Perfon may be made Tenant for Life 404
505
Thefe Rules applicable to Declarations of Truft of Terms for Years
506
TITLE XXXIII
509
What makes a private Act
511
13
513
Mode of paffing private Acts
514
Operation of a private Act
519
Will bar an Eſtate Tail and all Remainders over
520
38
525
Conftruction of private Acts
526
Effect of the General Saving
535
A private At may be relieved againſt
544
Biddulph
549
Standing Orders of the Houfe of Lords
553
As to Bills relative to Eſtates in Ireland
560
TITLE XXXIV
564
Of Offices D
565
Of Crown Lands ibid 7 Of the Kings private Property
566
Conftructions of Kings Grants
567

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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...

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