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Corporations, &c. conveying by lease and release,
must do it by a lease at the common law,
followed by actual entry, in which lease the
words demise and lease, instead of bargain and
sale must be used

i. 149

And with omission of the reference to the statute
of uses

i. 152

The words ways, paths, &c. ought not to be used
in this bargain and sale

i. 150

i. 150, 151

The limitation to the bargainees should commence
The habenduin should be for one year, though a
month, a week, or less space of time will be suf-

Reference to the release in the bargain and sale for
a year, reason thereof
BARGAIN AND SELL are words improper to be used
in deeds of feoffment, and the reason
Are the most appropriate words in a deed of bar-
gain and sale to be inrolled, though not
lutely essential


i. 151

i. 153

i. 95

i. 118 n. 10.

i. 122 n. 20.

Force of the words as to lands in Yorkshire
The most effective words in a lease for a year,
though the word demise, which has no operation,
is sometimes used

BASE FEE, what

BASTARDS, devise to

Devise to must precisely describe them, otherwise
it will be void

Proper mode of limiting lands to, for the purpose
of preventing an escheat, and saving the re-
version to the original devisor


Memorandum to be indorsed, if possession deliver-


Invalid unless possession delivered

BISHOP, lease from

i. 148

i. 214

vi. 799

vi. 799, 800

vi. 800

ii. 533

ii. 534


iii. 398

iv. 65

vi. 803

iii. 269


iii. 78


BOND taken on a mortgage, is only as a collateral secu-
rity in case the estate should be deficient
Taken for the resignation of a living good
Botes or estovers allowed by law for repairs
Reservation of

BREACH OF COVENANTS in lease, effect of
how waived

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CESTUI QUE TRUST under a will, taking the bene-
ficial interest, should covenant for the title ii. 233, 247
And ought to be made a party to the conveyance

ii. 233, 247

CHANCERY AGREEMENT for purchase of an es

tate, where by reason of infancy or other disabi-
lity, the contract is to be executed in Chancery i.


In what cases good

Must be specific and certain


vi. 796


vi. 797

CHILDREN. Power to appoint amongst children, cannot

be partially executed to the exclusion of any of

Such power does not extend to grandchildren, un-
less so expressed

CHOSES IN ACTION not being assignable, in assign-
ments thereof there should be a power of at-
torney to receive

vi. 582


ii. 814

Survive to the wife on the death of her husband,
and do not go to his representatives

vi. 575

CHURCH, repairs of

iii. 54

See also Avoidance and Bishop's Lease.

COLLATERALS. Limitation of uses to collateral rela-
tions in marriage articles, will be supported in

And decreed in equity against the heir
Observations hereon

COLLIERY. A purchaser entitled to the immediate
profits from the preceding week, or usual time of
making up the accounts

Lease of

COMMON. Form of a conveyance of a right of
Observations on the means by which a right
common may be granted to a stranger

vi. 375

vi. 376

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i. 405


i. 405

COMPOSITION. Agreement to accept and give time vi. 1
Deed of between debtor and creditors


vi. 16

i. 106 n. 2.

i. 4, 5, 9

CONSIDERATION in an executory agreement should

be certain


May be paid by an agent

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i. 8

Until the Stat. 48 Geo. 3. c. 149. imposing an ad
valorem duty, there was no actual necessity for
mentioning the consideration in a deed of release i. 157
May be declared in an agreement to be realty, and

vice versa

i. 23

Other valuable considerations thereunto moving,"
reason of using these words

Vendor has a lien on the land for the consideration i. 158
Receipt for the consideration should be given
Cautions respecting the signing of

i. 159


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i. 160

ii. 516

Recital of appointment of

Receipt for

i. 278

iv. 24


A valuable one necessary in an assignment of the
wife's personalty

Where part is paid down on execution of


i. 7, 13, 15

In an agreement where it is the transfer of stock i. 8
In an agreement, when it is to be secured on the

In an agreement when it is a sale by the directions
of a court of equity

i. 8, 13

. i. 8

In an agreement, when it is in consideration of
the grant of an annuity

In a release, where it is a transfer of stock
Where the premises were sold by auction
Where sold before a master

Where part of the consideration is returned on ac-
count of minority


CONVEYANCES by lease and release from a
to a purchaser

From tenant in tail in possession to a purchaser
From tenant for life to a purchaser

Of copyholds by surrender, and deed of covenants
Of freehold and copyhold lands to a purchaser
Observations thereon

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And declaration that the copyholds shall not be
prejudiced thereby

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Of a rent charge

i. 431

Of a fair and market

i. 433

By a vendor to a purchaser, when part of the mo

ney is to remain on mortgage

i. 451

To a purchaser and a mortgagee who advances

part of the purchase money

i. 473

To two or more purchasers, with privilege of pre-
emption by either

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By a vendor and his trustee, for preventing dower,

in the old form, to a purchaser

ii. 38

The like in the modern form

ii. 52

By a vendor and trustee of outstanding term to a

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By a vendor and mortgagee for a term to a pur-

ii. 112

By a vendor, mortgagee, and annuitant to a pur-

ii. 135

By assignees of a bankrupt and bankrapt to a

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By assignees of a bankrupt, with the bankrupt and
his trustee for preventing dower to a purchaser ii. 176
From assignees of a bankrupt, the bankrupt and á
mortgagee in fee

ii. 193

By assignees of a bankrupt, and bankrupt mort-
gagee in fe annnitant and his trustee
From trustees for sale, and owner of the fee
By trustees under a power to sell in marriage settle-
ment or will, and cestui que trusts

ii. 211

ii. 232

ii. 258

By trustees for sale under deed of trust or will, mortgagee in fee, and owner of the fee ii. 279 By trustees for sale, mortgagee, owner of the fee, annuitant and his termor

ii. 298

By man and his wife of husband's estate to a pur-
chaser and trustee to prevent dower

ii. 320

From a vendor and his trustee to prevent dower,

in the old form, to a purchaser and his trustee
for preventing dower, in the new form
From a vendor and his trustee to prevent dower, in
the new form, to a purchaser and his trustee, in
the like form

ii. 341

ii. 356

From a vendor and mortgagee to a purchaser and
his trustee to prevent dower

ii. 378

By assignees of a bankrupt with the bankrupt
and his trustee to a purchaser and his trustee

ii, 392

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By a vendor and his trustee to a purchaser and
mortgagee for a term, who advances part of the

By vendor and mortgagee in fee to a purchaser and
new mortgagee in fee who advances part of the
purchase money

ii. 410

ii. 433

By trustees empowered to sell, to trustees empow
ered to purchase

ii. 451

Another form

ii. 480

Of lease for a life or lives

ii. 473

From a vendor and mortgagee of a lease for life or

ii. 487

Of freehold and other estates to trustees for benefit
of creditors

vi. 34 et seq.


COPARTNERS, recital of purchase of premises by i. 497
Conveyance unto

Mortgage of leaseholds by

i. 502. ii. 789

v. 188

Covenant that mortgage monies shall belong to
them, in proportion to their interests in trade v. 270
An' agreement for a copartnership, whether by parol
or in writing, is binding on the parties, both at
law and in equity

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If there be a previous agreement, it should briefly
contain the terms of the copartnership
Unless the articles are sealed, the parties cannot
maintain covenant
Although there is no written agreement or deed
executed between the parties, their acting as
copartners will bind them to third persons
But to preserve a proper understanding, it is most
essential that their moral engagements should be
reduced into writing

vi. 241

vi. 242

vi. 246

vi. 251

vi. 257

All trades not restricted by parliament, such as
marine insurances, may be carried on in copart-
vi. 254, 256

Partnership will cease on notice, at the will of either
party, if no term mentioned

vi. 250

A copartnership also determines on the death of
either of the parties, and will not comprehend
executors or administrators, unless so express-
vi. 256, 287

vi. 256

Distinct and separate clauses advised
Premises should be declared expressly to belong
to the copartners as copartnership property vi. 258
Money lent to or left in trade, is a lien thereon vi. 259
There is no benefit of survivorship amongst copart-


vi. 260

The proportion of profits of each party should be
mentioned in the deed

vi. 203

Communion of profits and loss is incident to a co-


vi. 262

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