CONVEYANCING

IN

THEORY AND PRACTICE;

WITH

CURSORY REMARKS
UPON THE STUDY OF THAT SCIENCE;

AND

OBSERVATIONS AND DIRECTIONS

RELATIVE TO THE

PRACTICE OF CONVEYANCING.

THE SECOND EDITION,
CAREFULLY REVISED AND CORRECTED, WITH GREAT ADDITIONS AND

IMPROVEMENTS.

By CHARLES BARTON, Esq

OF THE INNER TEMPLE, BARRISTER AT LAW.

VOL. IV.

LONDON:
PRINTED FOR J. & W. T. CLARKE, LAW BOOKSELLERS,

PORTUGAL-STREET, LINCOLN'S-INN.

Luke Hansard & Sons, near Lincoln's-Inn Fields, London,

· AGREEMENTS.

Page. OF CONTRACTS OR AGREEMENTS CONSIDERED AS PRELIMINARY TO A MORE FORMAL ASSURANCE 1 1.-Who are legally capable of entering into a

Contract - a - - - - - 2 II.— With whom a Contract may be entered into - 32 III.- What may be the Subject of a Contract or

Agreement .- - . - - - 33 IV. Of the Consideration necessary to support an

Agreement - - - - - - 40 V.-Of the Requisites to a valid Agreement in re

spect of outward Circumstances

CHAP. III.

Page.

OF A DEED OF FEOFFMENT - 139

1.-By whom and to whom a Feoffment may be

: made - - - - - - - 141

II.-Of what Species of Property a Feoffment may

be made - - - - - - - 145

III.- Of the manner of making a Feoffment, and how

• Livery of Seisin is to be made - - - 146

· IV.-Of the Effect and Operation of a Feoffment - 163

CHAP. IV.

OF A DEED OF GIFT - - -

-

-

- 170

CHAP. V.

OF A GRANT.

I.-Of the Nature of a Grant - - . - 172

II.- Who may convey by Grant - - - - 174

III.— What may be the Subject of a Grant - - ib.

IV.- What Words are requisite in the constitution of

a Grant - - - - - - - 182

V.-Of the Operation of a Deed of Grant .- 189

CHAP. VII.

OF AN EXCHANGE.

I.-Of the Nature of an Exchange - - - 191

II.-Of what Things an Exchange*may be made - 194

III.-Of the Requisites to the Validity of an Ex-

change - - - - - - - 195

CHAP. VIII.

- - - -

OF A PARTITION -

-

-

- 200

PART II.

OF DERIVATIVE CONVEYANCES.

CHAP. I.

Page.

OF A RELEASE - - - 203

1.-Of the general Nature of a Release - - 204

II.–Of the different Kinds of Releases, with respect

to their Operation - - - - - 207

III.- What Persons are capable of making a Release 215

IV.- What may be the Subject of a Release - - 218

V.—How a Release shall be construed - - - 221

CHAP. II.

OF A CONFIRMATION.

1.-Of the Nature and different kinds of Con-

firmations - - - - - - 229

II.-Of the Effect and Construction of Confir-

mations - - - - - - - 236

CHAP. IV.

OF AN ASSIGNMENT.

1.-Of the Nature of an Assignment - - - 241.

II.— What may be the Subject of an Assignment - 243

III.-The Circumstances requisite to the Validity of

an Assignment - . - - - - - 247

IV.-Of the Effect and Operation of an Assignment 248