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

Sampul Depan
A. Strahan, 1818

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Married Women
22
How to be described
23
A proper Stamp
29
Of the Statute of Frauds
37
14
41
A written Agreement discharged by Parol
51
Different Kinds of Deeds
55
Of a Feoffment
56
Livery in Deed
57
Effect of Additions to the Description
58
May be by Attorney
59
A Feoffment cannot commence in futuro id
60
What Kind of Property
61
Operation of a Feoffment
62
Transfers the Freebold by Disseisin id
63
What may be created or conveyed by Grant
64
Operation of a Grant
65
Does not create a Discontinuance id
66
CHAP V
67
id
74
Tenants in Tail
76
Ecclesiastics seised Jure Ecclesia
77
17
80
Circumstances required in these Leases id
82
Tenants for Life
83
Tenants for Years
84
Copyholders
85
Married Women
86
Sometimes not controlled by the Premises
88
Who may be Lessees
90
CHAP VI
92
Who may exchange
94
Partition
95
Release
96
Operative Words
97
How Releases enure id
98
Mitter Le Droit
99
Extinguishment ΙΟΙ 46 What may be released
102
Confirmation 1 03
103
Of a Surrender Assignment and Defeazance 1 Surrender
106
Who may surrender
108
What Estate necessary
109
Assignment III
111
Must be by Deed or Note in Writing
112
Defeazance
113
Its Effect as to the Obligor
115
Where the Remedy may exceed the Penalty id
118
Recognizance
119
Bonds and Recognizances are assignable
121
CHAP IX
122
Bargain and Sale
123
Who may convey by
125
What may be conveyed by
126
Requires a pecuniary Consideration
127
A Rent may be reserved
128
Must be enrolled
129
ExceptionsLands in Cities
130
CHAP X
133
A Use only arises to the Persons within the Consider ation
139
The Estate continues till a Use arises
140
Estates in Remainder and Reversion
145
The Right to declare Uses is coextensive with the Estate id
166
In what Deeds inserted
168
e contra
174
Unless the Power be collateral
176
Married Women
181
Who may be Appointees
185
CHAP XIV
190
CHAP XV
200
A Qualification destructive of a Power dispensed with
204
3 As to the Time when a Lease is to commence
210
A general Power only authorizes Leases in Possession
211
Unless the Estate is reversionary
212
Does not authorize a Lease to commence after a subsist ing Lease
213
But concurrent Leafes are good
216
Of Powers to lease in Reversion
217
4 As to the Duration of the Lease
218
As to the Rent to be reserved
220
How to be reserved
225
What is the best Rent
226
In what Conveyances Leasing Powers may be inserted
228
CHAP XVI
229
or Will
236
But they must be properly executed
238
Unless the Power is collateral id
239
A Power cannot be delegated to another
256
Unless there are special Words
257
ment
258
Effects of the Execution of a Power
264
Will not defeat a prior Estate
266
CHAP XVII
267
In Favour of a Wife
268
In Favour of a Husband
272
In Favour of Children
273
Though provided for
274
In Favour of Creditors
275
And of Purchasers for a valuable Consideration
276
Where a complete Execution is prevented by Accident
277
CHAP XVIII
281
No Estate is devested by this Conveyance or by a Bar gain and Sale id
282
Land
285
Unless the Estate is devested
286
Powers collateral to the Land
287
A Power may be forfeited to the Crown
288
A Power may be merged
290
Where there is no Object of a Power it becomes void
291
CHAP XIX
292
And where there is an Ambiguity
306
And where there is Fraud or Mistake
307
Where a Deed operates as an Estoppel id
308
Of Declarations of Trust
310
Of Articles of Agreement
311
ConstructionBy what Words different Estates may be created
334
Limitation to A and his Heirs with a Remainder over
340
What Words create an Estate for Life
348
What Words create a Tenancy in Common
354
What Words create Cross Remainders
362
Both Estates must be by the same Instrument
369
CHAP XXIII
403
CHAP XXIV
426
Warranty
430
Implied Warranty
431
Lineal Warranty
435
Only binds the Heir where he has Assets
436
Statute of Gloucester
438
Statute De Donis 37 Does not extend to collateral Warranty id
439
But not the Reversion
441
Statute 11 Hen VII c 20
444
CHAP XXV
446
No Technical Words necessary
447
Implied Covenants
449
Joint and several Covenants
450
Extend to all claiming under the Grantee
453
ExceptionUndertenants
455
The Assignor is still liable
457
Descend to the Heirs of the Grantors id
459
Usual Covenants for the Title id
460
Free from Incumbrances
463
For further Assurance
464
Are now usually restrained
466
According to the Title of the Vendor
468
Who are held to claim under the Vendor
471
Who are bound to covenant for the Title
474
Remedies under these Covenants
476
Covenants in Assignments of Leaseholds
480
CHAP XXVI
494
Duress
495
Breaking off the Seal
496
Cancelling
497
Averment of Usury
498
Equity avoids Deeds obtained by Fraud
499
Or made in Derogation of the Rights of Marriage
502
Or for an immoral Consideration
506
All Deeds are void as to Crown Debts
510
The Crown entitled to a Term attendant
513
CHAP XXVII
515
Notice is immaterial
518
Voluntary Conveyances void against Creditors
519
Except where the Grantor is not indebted at the Time id
520
Though with Notice
522
And Conveyances with Power of Revocation
525
Who are deemed Purchasers
527
Voluntary Conveyances binding on the Parties
529
And also as to Wills
530
Proviso in Favour of Deeds made on good Considera tion
531
Settlements before Marriage
532
How far the Consideration of Marriage extends
534
Settlement by a Widow on her Children
536
The Notice must be fully proved
538

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Halaman 34 - Year from the making thereof; unless the Agreement upon which such Action shall be brought, or some Memorandum or Note thereof, shall be in writing, and signed by the Party to be charged therewith...
Halaman 146 - All declarations or creations of trusts or confidences, of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trusts, or by his last will in writing, or else they shall be utterly void and of none effect.
Halaman 403 - Graves, for life ; remainder to his first and other sons in tail male ; remainder to the...
Halaman 411 - C., for life ; remainder to trustees to preserve contingent remainders ; remainder to the first and other sons of the said Lord C.
Halaman 132 - ... covenanted to stand seised, to the use of himself for life, remainder to the use of his wife for life, remainder to the use of his daughter for life, remainder to her first and other sons in tail, reversion to his own right heirs.
Halaman 33 - Writing, shall have the Force and Effect of Leases or Estates at Will only, and shall not either in Law or Equity be deemed or taken to have any other or greater Force or Effect ; any Consideration for making any such Parol Leases or Estates, or any former Law or Usage to the contrary notwithstanding.
Halaman 196 - ... sealed and delivered, in the presence of, and attested by two or more credible witnesses...
Halaman 292 - ... remainder to the first and other sons of the marriage in tail male, remainder to the first and other...
Halaman 533 - September be made and executed shall be adjudged fraudulent and void («) against any subsequent purchaser or mortgagee for valuable consideration, unless such memorial thereof be registered as by this Act is directed before the registering of the memorial of the deed or conveyance under which such subsequent purchaser or mortgagee shall claim...
Halaman 111 - 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. In case this condition is not performed, the bond becomes...

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