A Treatise on the Law and Practice Relating to Vendors and Purchasers of Real Estate, Volume 2Stevens, 1888 - Real property |
From inside the book
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Page 641
... respect of purchase - money— how increased or diminished . 5. As to execution by the parties . 6. To whom and how ... respects copy holds , surrender ( b ) the property : the purchaser need not unnecessarily rely upon a power of ance ...
... respect of purchase - money— how increased or diminished . 5. As to execution by the parties . 6. To whom and how ... respects copy holds , surrender ( b ) the property : the purchaser need not unnecessarily rely upon a power of ance ...
Page 643
... respect of her estate or interest not settled to her separate appointment or use , her acknowledgment of the deed under of freeholds the 3 & 4 Will . IV . c . 74 , is an essential part of the convey- acknowledged ance ( i ) : so , where ...
... respect of her estate or interest not settled to her separate appointment or use , her acknowledgment of the deed under of freeholds the 3 & 4 Will . IV . c . 74 , is an essential part of the convey- acknowledged ance ( i ) : so , where ...
Page 653
... respect of lands purchased takings to convey to or taken by the promoters of the undertaking , the owners or themselves upon refusal statutory owners fail to convey the land upon request , the or default of promoters are authorized to ...
... respect of lands purchased takings to convey to or taken by the promoters of the undertaking , the owners or themselves upon refusal statutory owners fail to convey the land upon request , the or default of promoters are authorized to ...
Page 657
... respect thereof , become seised or sessed of such lands upon any trust ( ¿ ) ; get right pos- born trustee ; being claim- able by un- any or of trustee refusing to Or of a person jointly or solely seised or possessed of lands , or ...
... respect thereof , become seised or sessed of such lands upon any trust ( ¿ ) ; get right pos- born trustee ; being claim- able by un- any or of trustee refusing to Or of a person jointly or solely seised or possessed of lands , or ...
Page 658
... respect of the mortgage shall have been paid to a person entitled to receive the same , or such last - mentioned person spect of mort- shall consent to an order for the reconveyance of such lands , gaged lands the Court may make an ...
... respect of the mortgage shall have been paid to a person entitled to receive the same , or such last - mentioned person spect of mort- shall consent to an order for the reconveyance of such lands , gaged lands the Court may make an ...
Common terms and phrases
action agreement apply assignment bill breach cestuis que trust Chap charge chaser cited claim concurrence consent consideration constructive notice contract convey conveyance copyholds costs Court Court of Equity covenant creditors damages debts decision decree deed defence devise discharge doctrine effect enforce entitled equity of redemption evidence executed executors fact favour fee simple fraud ground heir held incumbrancer incumbrances interest Jones jurisdiction L. J. Ch land lease legal estate lessee liability lien Lord Cottenham Lord Eldon Lord St marriage ment mortgage mortgagor notice owner paid parol parties payable payment person plaintiff possession power of sale prior purchase-money purchaser purchaser's refused registered remainderman rent respect rule Sect sell settled settlement settlor Smith solicitor specific performance Statute subsequent suit suprà tenant in tail tion trustees unless vendor vested Vict vide XVIII
Popular passages
Page 1088 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed ; an action may be brought for the money, or for not doing such other act before performance, for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent. And so it is where no time is fixed for performance of that, which is...
Page 857 - The court, after a final decree of nullity of marriage or dissolution of marriage may inquire into the existence of ante-nuptial or post-nuptial settlements made on the parties whose marriage is the subject of the decree, and may make such orders with reference to the application of the whole or a portion of the property settled either for the benefit of the children of the marriage or of their respective parents as to the court shall seem fit.
Page 946 - A deed hereafter executed in the presence of and attested by two or more witnesses in the manner in which deeds are ordinarily executed and attested shall, so far as respects the execution and attestation thereof, be a valid execution of a power of appointment by deed or by any instrument in writing not testamentary, notwithstanding...
Page 1032 - Every conveyance or transfer of property, or charge thereon made, every payment made, every obligation incurred, and every judicial proceeding taken or suffered by any person unable to pay his debts as they become due from his own money...
Page 1278 - Ireland, if it shall deem it proper and consistent with a due regard for the interests of all parties entitled under the settlement...
Page 870 - If parties, for valuable consideration, with their eyes open, contract that a particular thing shall not be done, all that a Court of Equity has to do is to say, by way of injunction, that which the parties have already said by way of covenant, that the thing shall not be done; and in such case the injunction does nothing more than give the sanction of the process of the Court to that which already is the contract between the parties.
Page 658 - ... not convey the same for the space of twenty-eight days next after a proper deed for conveying...
Page 852 - ... the transaction cannot stand unless the person claiming the benefit of it is able to repel the presumption by contrary evidence, proving it to have been, in point of fact, fair, just, and reasonable.
Page 1318 - ... (2.) In any action, whether for foreclosure, or for redemption, or for sale, or for the raising and payment in any manner of mortgage money, the Court, on the request of the mortgagee...
Page 660 - Act, or may declare that the interests of unborn persons who might claim under any party to the action, or under the will or voluntary settlement of any person deceased who was during his lifetime a party to the contract or transactions concerning which the judgment is given, are the interests of persons who, on coming into existence, would be trustees within the meaning of this Act...