A Treatise on the Statute of Frauds: As it Regards Declarations in Trust, Contracts, Surrenders, Conveyances, and the Execution and Proof of Wills and Codicils. To which is Prefixed a Systematic Dissertation Upon the Admissibility of Parol and Extrinsic Evidence, to Explain and Controul Written InstrumentsI. Riley and Company and, 1807 - 470 halaman |
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Halaman
... matter is to be considered with reference to the time of the bargain , when the crop was an unsevered portion of the freehold . In the case last above alluded to , it was observed , that the Statute does not expressly and immediately ...
... matter is to be considered with reference to the time of the bargain , when the crop was an unsevered portion of the freehold . In the case last above alluded to , it was observed , that the Statute does not expressly and immediately ...
Halaman 5
... matter no longer questionable , whether the money was or was not actually lent , but the writing became of itself binding in law , and an example of what , in the language of the Civilians , is properly implied by obligatio literarum ...
... matter no longer questionable , whether the money was or was not actually lent , but the writing became of itself binding in law , and an example of what , in the language of the Civilians , is properly implied by obligatio literarum ...
Halaman 13
... matters it may be otherwise . It might be shown who is to put the house in repair , or the like , concerning which nothing is said . But we cannot , by parol evidence , shorten the term or alter the rent . " To say what are the main ...
... matters it may be otherwise . It might be shown who is to put the house in repair , or the like , concerning which nothing is said . But we cannot , by parol evidence , shorten the term or alter the rent . " To say what are the main ...
Halaman 14
... matter of an agreement springs not more from the in- tention of the parties , which is the root of the transaction and the source of interpretation , than the collateral matters , which , in the judgment pronounced in the above case ...
... matter of an agreement springs not more from the in- tention of the parties , which is the root of the transaction and the source of interpretation , than the collateral matters , which , in the judgment pronounced in the above case ...
Halaman 16
... matter not appearing in the instrument . This is the ambiguity ( e ) See 5 Rep . 68. Lord Cheyney's case , Hob . 32. Counden v . Clark , 3d point , and 1 Salk . 7. Lepcot v . Brown . ( 5 ) If I have not the good fortune to be ...
... matter not appearing in the instrument . This is the ambiguity ( e ) See 5 Rep . 68. Lord Cheyney's case , Hob . 32. Counden v . Clark , 3d point , and 1 Salk . 7. Lepcot v . Brown . ( 5 ) If I have not the good fortune to be ...
Edisi yang lain - Lihat semua
A Treatise on the Statute of Frauds: As It Regards Declarations in Trust ... William Roberts, Sir Pratinjau tidak tersedia - 2016 |
Istilah dan frasa umum
according admission admitted aforesaid afterwards agreed agreement ambiguity appears attested bill charge chattels circumstances clause codicil collateral common law consideration considered contract conveyance copyhold courts of equity debt declared deed defendant delivery devise disposition distinction doctrine effect executed executor express extrinsic evidence freehold given granted ground held instrument intention interest judges lands lease legacy legatee lessee letters of administration Lord Chancellor Lord Hardwicke Lord Macclesfield Lord Mansfield Lord Thurlow Lordship marriage ment mortgage non-commissioned officer nuncupative observed officer of marines operation opinion parol evidence part-performance party pass payment performance perjuries personal estate petty officer plaintiff presence presumption proctor promise proof proved purchase question real estate rent respect rule seaman seems signed statute of frauds sufficient surrender tenant tenements term testamentary testator's thereof thing three witnesses tion trust tute unless void warrant or petty words writing written
Bagian yang populer
Halaman 222 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Halaman 134 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Halaman 91 - June 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 trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Halaman 134 - ... or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one 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 250 - That all leases, estates, interests of freehold, or terms of years, or any uncertain interest, of, in, to or out of any messuages, manors, &c. made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorised by writing, shall have the force and effect of leases or estates at will only...
Halaman 316 - Such colonists carry with them only so much of the English law as is applicable to their own situation and the condition of an infant colony ; such, for instance, as the general rules of inheritance; and of protection from personal injuries.
Halaman 134 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Halaman 250 - Except nevertheless all leases not exceeding the term of three years from the making thereof, whereupon the rent reserved to the landlord, during such term, shall amount unto two third parts at the least of the full improved value of the thing demised.