A Digest of the Laws of England Respecting Real Property, Volume 4

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Contents

2 Consideration
26
Different Kinds of a7 57 30 Writing
28
A proper Stamp
29
Formal Parts
30
Reading if required
31
7 Njelivery
33
Delivery as an Escrow
34
8 Attestation by Witnesses
36
Of the Statute of Frauds 1 Statement of the Statute
37
Payment of Purchase Money
48
A written Agreement discharged by Parol
54
Different Kinds of Deeds
55
Livery in Deed
57
May be by Attorney
59
Livery sometimes presumed id
60
What Kind of Property
61
Operation of a Feoffment
62
Transfers the Freehold by Disseisin id
63
What may be created or conveyed by Grant
64
Operation of a Grant
65
Does not create a Discontinuance
66
CHAP V
67
Tenants in Tail
76
Ecclesiastics seised Jure Ecclesut
77
Circumstances required in these Leases id
82
Tenants for Life k
83
Tenants for Years
84
Copyholders
85
Married Women
86
Of void and voidable Leases id
90
CHAP VL
92
Partition
95
2C Release
96
Operative Words
97
Mitter Le Droit
99
100 Covenants for Production of Title Deeds
100
Extinguishment
101
What may be released
102
Confirmation
103
Of a Surrender Assignment and Defeasance 1 Surrender
106
2j Dcfcazance
113
ft A Bond
115
T9 Recognizance
119
Bonds and Recognizances are assignable
121
CHAP IX
122
Bargain and Sale
123
a Who may oonvey by
125
What may be conveyed by
126
Requires a pecuniary Consideration
127
A Rent may be reserved
128
Must be enrolled
129
ExceptionsLands in Cities
130
CHAP X
133
What Consideration necessary
136
A Use only arises to the Persons within the Consider ation
139
The Estate continues till a Use arises
140
Date
143
Who may convey by 144
144
Incorporeal Hereditaments
145
What Consideration necessary id
146
Whether the Use results on it id
147
Of Declarations of Uses 1 Origin and Nature of
149
Deeds to lead Uses
152
Deeds to declare Uses
159
Who may declare Uses
161
Infants
162
Married Women id
165
The Right to declare Uses is coextensive with the Estate id
166
CHAP XIII
168
Common Law Powers
171
But includes a Right to reserve a new Power id
176
Married Women
181
Who may be Appointees
185
A Power does not suspend the vesting of Remainders
186
CHAP XIV
190
Restriction as to clear yearly Value id
196
CHAP XV
200
Covenants for Renewal of Leases
201
6 As to the Clauses and Covenants
226
In what Conveyances Leasing Powers may be inserted
228
CHAP XVI
229
Must not be illusory
252
A Power cannot be delegated to another
256
Unless there are special Words
257
A Power may be forfeited to the Crown
288
A Power may be merged
290
Where there is no Object of a Power it becomes void
291
CHAP XIX
292
And where there is an Ambiguity
306
And where there is Fraud or Mistake
307
Where a Deed operates as an Estoppel id
308
Of Declarations of Trust
310
Of Articles of Agreement
311
Parties
313
How to be described 314
314
Recital 317
317
Consideration
318
Description of the Things granted 3X9
319
Effect of Additions to the Description
324
Clause respecting Deeds 3a7 G7 Exception id
327
Habendum
328
77 Void when repugnant to the Premises
329
But may abridge or qualify and enlarge them
331
Sometimes not controlled by the Premises id
332
CHAP XXI
334
their Bodies
341
Distinction between Heirs of the Body and upon or on the Body
342
Effect of a Limitation to the Heirs of the Body of A
344
Usual Mode of limiting Estates Tail
345
What Words create an Estate for Life
348
What Words create an Estate for Years or at Will id
354
What Words create Cross Remainders
362
7 Cases of Marriage Articles
366
Origin and Nature of the Rule
369
Both Estates must be by the same Instrument
376
Nor to Marriage Articles id
395
CHAP XXIII
403
CHAP XXIV
426
Warranty
430
Implied Warranty
433
Lineal Warranty
435
Only binds the Heir where he has Assets
436
Statute of Gloucester 4 3 s 36 Statute De Donis
439
Does not extend to collateral Warranty id
440
But not the Reversion
441
Statute 11 Hen VII c 20
444
CHAP XXV
446
Implied Covenants
449
Qualified by express ones id
450
Of Covenants Real
451
Extend to all claiming under the Grantee
453
ExceptionUndertenants
455
The Assignor is still liable yj 40 Descend to the Heirs of the Grantors id
459
Usual Covenants for the Title id
460
Free from Incumbrances
463
For further Assurance
464
Are now usually restrained
466
According to the Title of the Vendor
468
Who are held to claim under the Vendor
471
Who are bound to covenant for the Title
474
Remedies under these Covenants
476
Covenants in Assignments of Leaseholds
480
CHAP XXVI
494
Duress
495
Breaking off the Seal
496
Cancelling 4 07
497
Averment of Usury jg
498
Equity avoids Deeds obtained by Fraud
499
Or made in Derogation o f the Rights of Marriage
502
Or for an immoral Consideration
506
All Deeds are void as to Crown Debts
510
CHAP XXVII
515
Voluntary Conveyances void against Purchasers
520
Though with Notice
522
And Conveyances with Power of Revocation
525
39 Who are deemed Purchasers
527
45 Voluntary Conveyances binding on the Parties
529
And good as to subsequent voluntary Deeds id
531
57 Settlements before Marriage 67 How far the Consideration of Marriage extends
534
7i Settlement by a Widow on her Children
536
Register Acts
538
Lease
543
Registering is not Notice
544
Notice takes away the Effect of Registering
547
The Notice must be fully proved
556
Utility of the Register Acts
558
Register of Annuities
559

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Page 38 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing...
Page 150 - 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 trust, or by his last will in writing, or elst they shall be utterly void and of none effect.
Page 411 - C., for life ; remainder to trustees to preserve contingent remainders ; remainder to the first and other sons of the said Lord C.
Page 37 - ... 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 136 - ... 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 527 - ... shall be adjudged fraudulent and void against any subsequent purchaser, or mortgagee, for valuable consideration, unless such memorial thereof shah1 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 74 - ... lease. And the same doctrine holds, if a parson make a lease of his glebe for so many years as he shall continue parson of Dale ; for this is, still more uncertain.
Page 139 - Exchequer held; where after marriage a man covenanted to stand seised of an estate to the use of himself for life, remainder to the use of his wife for life, remainder to the...
Page 341 - ... and of the several and respective heirs male of the body and bodies of all and every such son and sons lawfully issuing...
Page 261 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...

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