EASEMENT-Continued.

repair of an, 211, 212, 213, 214, 215.

American cases of, 223, 224, 225, 226.
other cases of, 229, 230.

lateral support, 231, 232, 232, 334.

"ENOCH ARDEN,"

case of McArthur v. Eagleson, 278–300,

ENTRY,

new, definition of, 39.

fresh right of, on default, 45.

no person deemed in possession of land merely by entry, 58.

ratified by an action of ejectment, 58.

action must be commenced within one year after, and prosecuted with
effect, 58.

no bar allowed by any person claiming any interest which such tenant

in tail might have barred, 130.

where tenant died, no further time allowed, 132.

as to, 133, 134, 135, 136, 137, 138.

EVIDENCE,

clear and positive, required, 31.

EXECUTORS,

delay in collecting debts renders them liable, 56.
barred when, 56.

should proceed with promptitude, 56.

not bound to take advantage of Statute of Limitations, 57.

paying a debt barred by Statute not personally liable, even if personal

estate be exhausted, 57.

liability of, 311.

EXECUTORY DEVISES,
what comprehended, 47.

EXPRESS TRUST,

if, what time to bring action, 121.
to create an, 126.

definition of, 141.

case of Tiffany v. Thompson, 144.

EXTINGUISHMENT,

of title, 82, 83, 84, 85

FATHER,

in possession of land of son, 17.

FEE-FARM,

rent, definition of, 13.

FEOFFMENT,

definition of, 38.

FINAL DECREES OF COURTS OF EQUITY,
time to bring action limited to ten years, 104.
FORECLOSURE SUITS,

time to bring action limited to ten years, 104.

FORFEITURE,

where it will work, a tenancy from year to year will not arise 37
FORTY YEARS,

in case of disability, 19.

FRAUD,

in recovery of land or rent, time does not run in equity while fraud
concealed, 148.

concealed, 148, 157, 158.

what is concealed, 149.

reasonable diligence in discovery of, 149.

must be distinct in its characteristic, 149.

Court will not presume fraud at great distance of time, 150, 151, 152,
153, 154.

time is no bar to, 158.

notice of, 158.

notice of fraud requisite for bona fide purchaser to be subject to action,

155.

right to bring an action at time fraud known, 149, 150, 151, 152, 153.
FRENCH LAW,

as to presumption of death, 277.

FUTURE ESTATES,

and interests, 47, 48, 49, 54.

GAVELKIND,

possession of heir of, 66.

GENERAL ALLEGATION,

sufficient, 21.

GRANT,

extent of, 20.

by husband of wife's land only passes an estate for life, 20.
ancient effect of, 181.

possession of relation does not hold property for, 68, 69.

HEREDITAMENTS,

corporeal and incorporeal, 9, 10.

HOLDING OVER,

tenant, 37.

HUSBAND,

not entitled to wife's land, 20.

grant of, 20.

separated from wife, and in possession of separate estate, cannot set up

Statute of Limitations, 98.

HUSBAND AND WIFE,

conveyance not operative to bind wife, 48.

making possession derelict, 306.

conveyance by husband does not bind wife, 306.

See SUB-SECTION 3, SECTION 5.

IDIOTCY,

disability, 270.

INDEX,

to subjects in Act, 6.

INFANCY,

disability, 270.

as to, in prescription, 270.

as to, in limitations, 270.

has five years after disability is removed, 270.
action during, by guardian, 271

cases under, 271, 272.

INSTRUMENT IN WRITING,
which may operate as a lease, 34.

'

INTEREST,

for whole period when administrator not appointed, 56.

how long recoverable in case of administrator, 56.

acquired, nature of, 83.

purchaser liable to, from time of possession, 87.

INTERPRETATION,

clause, 8, 9.

INTERRUPTION,

without, means without interruption by some reasonable means, 241.

LAND,

interpretation of term, 9.

where taken from, 9.

wording of Imperial Act, 9.

turnpike tolls not in Imperial Act, 9, 10.

time to be recovered, 16.

how Statute must be construed, 23.

right to, not barred unless some other person is in possession, 24.
Statute with regard to wild land, 28.

limited to part actually occupied, 28.

exchange of, 30.

sale of wild lands, 310.

LANDLORD AND TENANT,
Statute as to, 32, 36.

also an executor, is not barred, as he can pay himself, 57, 58

Prescription Act with regard to, 234.

cases with regard to, 235, 236, 237, 238, 239, 240.
for obstructing, right of action, 244, 245.

enlargement of windows, 245, 248, 249, 250.
damage to, must be substantial, 247.

LIMESTONE LAND,

within the Act, 10.

LIMIT,

twenty years the furthest, 304.
Lord St. Leonards on, 304.

to make a good title, 305, 306.

LIMITATION, STATUTES OF,

old Statutes, 8, 9.

Statutes of repose, 10.

of actions and suits in the recovery of land or rent, 16.
time when, 16.

effect of time to the, extinguished, 16.

final, twenty years, 304.

section 44,..304.

as to fraud, 153, 154.

of suits in equity same time as in courts of law, 139
former law on point, 139.

to be laid out in the purchase of land, 9, 11.

principles of Chancery, 11.

MORTGAGE,

registered as against will, 25.

how far effected by entry, 61.

arrears of interest on, 87, 88, 89.

in short form, how far it has the effect of barring the entail, 133