A Digest of the Laws of England Respecting Real Property, Volume 4 (Google eBook)

Front Cover
J. Butterworth, 1824 - Real property
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Contents

Persons attainted
21
Who may be Grantees id
22
Different Kinds of
24
hi Writing
25
Proper Stamps
26
Reading if required
27
Sealing and Signing id
29
Delivery as an Escrow
31
Attestation by Witnesses
32
CHAP III
33
What is a sufficient Signing
35
An Agent authorised to sign by Parol
36
A Letter is an Agreement
37
Letters previous to Marriage
38
Parol Agreements gdod in Equity
40
Where there is Fraud id
41
Payment of Purchase Money
42
Where Parol Agreements are confessed
47
A written Agreement discharged by Parol id
48
Feoffment
49
Sect Page 8 Livery in Deed
50
Livery in Law
51
May be by Attorney i id
52
A Feoffment cannot commence in futuro id
53
What Kind of Property id
54
Transfers the Freehold by Disseisin id
55
What may be created or conveyed by Grant
56
Operation of a Grant
57
CHAP V
58
Where only an Agreement for a Lease
60
Must have a certain Beginning and Ending
62
May determine by Proviso
65
Who may make Leases trf 28 Tenants in Tail
66
Husbands seised Jure Uxoris id
67
Circumstances required in these Leases id
72
Tenants by the Curtesy and in Dower
73
Executors and Administrators
74
Married Women
75
Void and voidable Leases id
79
Sect Page 1 Exchange
80
Partition
83
Release
84
How Releases enure
85
Mitter le Droit
86
Extinguishment
88
What may be released
89
Confirmation r
90
CHAP VII
92
Assignment
97
Must be by Deed or Note in Writing id
98
CHAP VIII
99
Recognizance
103
Effect of
104
Bonds and Recognizances are assignable id
105
Sect Part
106
Must be enrolled
112
What Consideration necessary id
120
Origin and Nature of j
123
Incorporeal Hereditaments
126
Must be by Deed or Writing
128
How the Lands should be described
130
8 No Consideration necessary
131
Deeds to declare Uses I37 26 Who may declare Uses
140
Infants
141
Idiots and Lunatics
143
Uses may be declared on a Lease and Release
144
CHAP XIII
145
Appendant
146
Or in Gross
147
Powers collateral to the Land
151
And includes a Right to reserve a new Power id
152
To whom Powers may be given
153
Married Women
157
Who may be appointees 161
161
CHAP XIV
165
Restrictions as to the clear yearly Value 6 Proportioned to the Fortune of the Wife
171
Of Powers to lease
174
A general Power only authorizes Leases in Possession
184
What is the ancient Rent id
196
Unless the Power is collateral
209
And at different Times
215
Must not be illusory
221
Sect Pdgf 68 Unless there are special Words
226
Effects of the Execution of a Power
232
Will not defeat a prior Estate
234
CHAP XVIII
246
And by Bargain and hale c
247
Powers in Gross not barred by a Conveyance of the Land
248
Unless the Estates are devested
249
Collateral Powers not barred by any Conveyance
251
A Power may be forfeited to the Crown
252
A Power may be merged
254
CHAP XIX
255
Of Declarations of Trust
273
Of Articles of Agreement
274
CHAP XX
275
7 Parties
276
How to be described
279
Consideration
280
Description of the Things granted
281
Effect of Additions to the Description
286
Clause respecting Deeds
288
Exception
289
Void when repugnant to the Premises
290
But may qualify them
292
Sometimes not controlled by the Premises id
293
CHAP XXI
294
or on the Body
302
Limitation to the Heirs of the Body of A
303
Usual Mode of limiting Estates Tail
304
What Words create an Estate for Life
307
What Words create a Joint Tenancy id
312
What Words create Cross Remainders
319
Cases of Marriage Articles
323
CHAP XXII
325
How mediate Limitations are vested
326
Of Joint and several Limitations
329
Both Estates must be by the same Instrument
332
And be of the same Nature
334
The Rule not extended to the Words Son Child c
335
Nor to the word Heir in the singular Number id
349
Except there are Purchasers
351
The Rule not formerly applied to Terms for Years id
353
Unless a contrary Intention appears
354
CHAP XXIII
355
And to Uses arising from Appointments
367
And to Declarations of Trust of Terms for Years
371
But not to Remainders after Estates Tail
372
An unborn Person may be made Tenant for Life id
373
Reddendum Condition and Warranty Sect p 1 Of the Reddendum
375
Warranty
378
Implied Warranty 330
382
Only Binds the Heir where he has Assets
383
Collateral Warranty
384
Statute of Gloucester
386
Statute De Donis fat 34 Does not extend to collateral Warranty id
387
But not the Reversion
388
Statute 11 Hen VII c 20
390
Statute 4 Anne c 16
391
CHAP XXV
392
No technical Words necessary
393
How construed
394
Implied Covenants
395
Covenants Real
397
Extend to all claiming under the Grantee
398
ExceptionUndertenants
400
The Assignor still liable
401
The Grantees of Reversions entitled to the benefit of Covenants
402
General and specific Covenants
403
Usual Covenants for the Title
404
That the Grantor is seised in Fee c id
407
For further Assurance 4Q8 64 These Covenants run with the Land
410
According to the Title of the Vendor
412
Who are held to claim under the Vendor
415
Who are bound to covenant for the Title
417
Sect Pae 86 Remedies under these Covenants
419
Covenants in Assignments of Leaseholds
422
CHAP XXVI
435
Disagreement
437
Duress
438
Erasure or Interlineation
439
Breaking off the Seal
440
Where it is usurious
441
When obtained by Fraud
442
Or made in Derogation of the Rights of Marriage
445
Or for an immoral Consideration
451
All Deeds are void as to Crown Debts
453
The Crown entitled to a Term to attend
455
CHAP XXVII
457
Or to defraud Purchasers
459
Notice is immaterial
460
Voluntary Conveyances void against existing Creditors
461
But not against future ones id
462
Though with Notice
463
And Conveyances with Power of Revocation
466
Who are deemed Purchasers
468
Voluntary Conveyances binding on the Party
470
And good as to subsequent voluntary Conveyances
471
And also as to a Will id
472
Settlements in consideration of Marriage
473
How far the consideration of Marriage extends
479
Settlement by a Widow on her Children
481
Of registering and enrolling Deeds Sett Pace 2 Register Acts
482
Utility of the Register Acts
500
Register of Annuities
502
Register of the Bedford Level
503

Common terms and phrases

Popular passages

Page 33 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing...
Page 129 - 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 trusts, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 28 - That all leases, estates, interests of freehold, or terms of years, or any uncertain interest of, in, to, or out of any messuages, manors, lands, tenements, or hereditaments, 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 authorized by writing, shall have the force and effect of leases or estates at will only...
Page 118 - ... covenanted to stand seised, to the use of himself for life, remainder to the use of his wife for life, remainder to the use of his daughter for life, remainder to her first and other sons in tail, reversion to his own right heirs.
Page 28 - Writing, shall have the Force and Effect of Leases or Estates at Will only, and shall not either in Law or Equity be deemed or taken to have any other or greater Force or Effect ; any Consideration for making any such Parol Leases or Estates, or any former Law or Usage to the contrary notwithstanding.
Page 483 - September be made and executed shall be adjudged fraudulent and void () against any subsequent purchaser or mortgagee for valuable consideration, unless such memorial thereof be registered as by this Act is directed before the registering of the memorial of the deed or conveyance under which such subsequent purchaser or mortgagee shall claim...
Page 41 - They must be such as could be done with no other view or design than to perform the agreement.
Page 421 - Act as an improvement, he shall be liable to an action on the case, in the nature of an action of waste, for the damage thereby occasioned, at the suit of any person entitled to any estate in remainder or reversion in such lands.
Page 217 - ... remainder to the first and other sons of the marriage in tail male; remainder to the first and other...
Page 233 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...

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