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Vol. Page.

By indorsement


A shorter form

Of a moiety of leasehold premises

Of the equity of redemption of leasehold premises
Of leasehold premises by a lessee, or assignee, and

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ii. 544

ii. 548

ii. 554

ii. 566

ii. 578

ii. 592

ii. 611

ii. 622

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Of leasehold premises, where part of the money is

to remain on mortgage

ii. C94

Of the like to a purchaser and mortgagee, where
the latter advances part of the mouey

ii. 734

Of leasehold premises to joint-tenants, or tenants

in common

ii. 735

By trustees for sale, to trustees empowered to

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Of stock from a retiring partner

Of stock from one co-partner to another on the
expiration of the articles of co-partnership

For the benefit of creditors. See Debtor and Cre-

ASSIGNS mean those who are in possession under
licence, or by operation of law

ASSURANCE for life, assigument of policy by way of

Covenant for.

See the various deeds under the
article Conveyance.


v. 214

Vol. Page.

ATTESTATION OF DEEDS, requisites to be ob-
served in. The word sealed does not necessarily
imply that the parties signed the deed in the
presence of the witnesses; and therefore an at-
testation of a deed of appointment without the
word signed as well as sealed, is bad i. 144 n. 41.
And see the case of Wright v. Wakeford under
article "Appointment" supra.

ATTESTED COPIES. The purchaser is entitled to
have all necessary attested copies duly stamped
at the vendor's expence

i. 171
Must be delivered at the vendor's expence i. 21 n. 29.
Should be stipulated in an agreement to be on the
proper stamps

But a condition of sale by auction may be, that
the purchasers shall be at the expence thereof,
and the reason


i. 86 n. 6.

ATTORNEY for the delivery of seizin and possession
of premises in a deed of feoffment, may be ap-
pointed by the same deed, or a separate instru-

Manner of executing deeds by

There should be two parts of the power

i. 92 n. 5.

The attorney should execute a declaration of trust
as to the purchase money

A purchaser not bound to accept a conveyance by,
unless he knows of the appointment at the time
of contract

Cannot delegate his authority to another, unless
authorised by his power

i. 188
i. 189


i. 189

ii. 778

Form of, in deed of feoffment

iv. 21

ATTORNEY, power of to receive bank annuities in

deeds of assignment

ii. 777

To deliver seizin in freehold leases

iii. 412

See also Power of Attorney.

ATTORNIES lending out client's monies on mortgage
should immediately execute a declaration of
trust, as it is doubted how far parol evidence
can be admitted to establish the trust

AUCTION, conditions of sale at

Printed conditions binding, and no verbal declara-
tions at the time of sale valid.

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iv. 66

i. 62

i. 82 n. 1.

Bidders at may retract before the hammer is
Purchasers at, where there are no persons to cove-
nant for the title: Qu. whether bound to accept
the title

Agreement or memorandum of sale by,
whom to be signed

i. 83 n. 3.

i. 85 n. 5.

and by

i. 88


Restrictions against sale by on premises

Vol. Page.

i. 89

AUCTIONEER strictly an agent for the vendor only . 90

AVOIDANCE, agreement for purchase of

Grant of

Next is a chatte! interest

i. 61

i. 384

i. 62, 63 n. 8.

Of the church, a stipulation that the mortgagor of
an advowson shall thereon preseut, doubtful
Of lease in case of death or bankruptcy of lessee

iv. 322
iii. 77


BANK ANNUITIES, observations on
A devise of, requires two witnesses
Assignment of a life interest in
Mortgage of the like

Mortgage of a reversionary interest therein
Bequest of. See Wills.

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BANKRUPTCY. A mere act of bankruptcy, an objection

to the title

1. 15 n. 20.

A purchaser not bound to take such title as the
bankrupt had, without objection to it, though
formerly it was so

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The solicitor, or assignees of, cannot become pur-
chasers of his estate

i. 16

i. 157

i. 157

Conveyance of the fee from the assignees of a bank-
rupt, and the bankrupt to a purchaser
May be reasonably required to enter into covenants
for the title

ii. 157, 158

Estates tail in possession, will pass by the commis-
sioners' bargain and sale, but not if it be
in remainder, without the concurrence of tenant
for life

ii. 162

ii. 167

In what cases assignees ought to enter into co-
venants for the title
Assignees obliged to covenant for further assurances ii. 167
Appointment in fee by bankrupt, where his estate
is limited to a trustee to prevent


Appointment necessary, ex abundanti cautela
Ought not to be a party where there is a restrictive

ii. 181

clause not to assign

ii. 633

BANKRUPTS. Commissioners are empowered to or-
der and sell freehold and copyhold lands of


vi. 207

Unless bona fide sold two months before the date of

the commission

vi. 208

Vol. Page.

And if a bankrupt be not a trader at the time of
the executing a conveyance without fraud; it
will be good, though he afterwards become a
Also a bankrupt's acts do not extend to estates out
of Great Britain

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vi. 208

vi. 208, 212

Nor can he be compelled to give them up, or exe-
cute any appointment for the benefit of his cre-

Assignees may be chosen either from the creditors

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vi. 208, 9

A pecuniary consideration necessary to support the
bargain and sale

i. 117. vi. 209

The words ordered and directed must be used in the
bargain and sale, as the commissioners' autho-
rity is derived specially under the statutes
Copyholds of the bankrupt pass by the bargain and
sale without surrender

Of the parcels in the bargain and sale, and which
pass thereby
Future real estates acquired before certificate, will
require a new bargain and sale

vi. 210

vi. 211

vi. 211

vi. 211, 212

But future personal estates pass by the first assign-


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vi. 222

Bargain and sale does not affect wife's dower vi. 212
A possibility that can be released will pass by the
bargain and sale

What choses in action will pass

Assignees entitled to the custody of deeds and the


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vi. 213


vi. 214

vi. 215


Qu. Whether assignees ought to covenant jointly
and severally

Heirs of bankrupt, what remedy against

Assignees are trustees for the bankrupt, as to any

Qu. Whether assignees ought to covenant to indem-
nify the commissioners

vi, 216

Bargain and sale must be inrolled in a court of
record, and to bar an estate tail, in one of the
courts at Westminster

If lost, the court will not allow the enrolment of

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vi. 218, 219, 220
Effect of bankruptcy on copartnership property vi. 221
How far wife's property affected by bankruptcy
Future personal estates pass by first assignment vi. 222
How far bankrupt discharged from payment of
rent by the commission

Assignees are trustees of the surplus for the benefit
of the bankrupt


vi. 223

Vol. Page.

Provisional assignment is made to prevent the pro-
perty being dissipated; or prevent an extent
which binds from the teste, or a distress for rent
by the assignees' removal of the goods, or to
provide for the carrying on of the trade till as-
signees are chosen, particularly where the goods
are of a perishable nature

BANKRUPTCY, proviso for avoiding lease in case of

vi. 227

ii. 519.

Form of shifting the limitation in marriage set-
tlement in case of bankruptcy, for protection of
wife's estate
vi. 532, 553, 631

But this can only be done in respect of the wife's
estate, and not in any way in respect of the hus-

vi. 533
BARGAIN AND SALE to be enrolled, form of a deed of i. 116

Where it is of a remainder or reversion

Must be by writing indented

And under seal

And be for a valuable consideration

i. 346

i. 116 n. 2.

i. 129 n. 36.

i. 116 n. 6.

What estates may be the subject of a bargain and

Use of must be limited to the bargainée

i. 118 n. 11


121 n. 18.

Cannot be made to a trustee to prevent dower ib. n. 18.
Nor where powers of leasing are intended to be

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Must by 27 Hen. 8. c.16. be enrolled in the courts at
Westminster, or with the custos rotulorum, within
six calendar months, to be computed exclusively
of the day of the date of the deed, and inclu-
sively of the day of inrolment; but in case of
omission, relief may be had in equity


i. 129

Should be referred to in a deed of release of the
same premises

i. 159

Inrolled mortgage by

iv. 32

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Form of

i. 146

The like where contained in the release

There should be the same parties thereto as to the


Order of naming them

A pecuniary consideration necessary to vest the pos-
session, though immaterial whether it be paid or not i. 148

i. 205,7

i. 146

i. 147, 148

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