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

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A. Strahan, 1818 - Real property
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Contents

Persons attainted
24
Who may be Grantees
25
Consideration
26
Different Kinds of
27
J0 Writing
28
A proper Stamp
29
By Male Infants
30
Reading if required
31
0 7 Delivery
33
Delivery as an Escrow
34
3 8 Attestation by Witnesses
36
Of the Statute of Fratuh I Statement of the Statute
37
What amounts to an Agreement
38
What is a sufficient Signing
40
An Agent may be authorized to fign by Parol
42
A Letter is an Agreement id
44
Parol Agreements good in Equity
45
Where there is Fraud id
46
What Acts are a Part Performance
47
Payment of Purchase Money _
48
Parol Agreements not decreed though confessed
53
A written Agreement discharged by Parol id
54
Different Kinds of Deeds 3 Of a Feoffment
55
si A Feoffment cannot commence in future jd 34 Who may convey by Feoffment
60
What Kind of Property
61
Operation of a Feoffment
62
Transfers the Freehold by Ditseisin y 35 Discontinues an Estate Tail g 36 Creates a Forfeiture 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
Husbands seised JureUxoru id
77
Circumstances required in these Leases id
82
Tenants for Life
83
CHAP VI
92
How Releases enure
98
Of a Surrender Assignment and Defeasance
106
Must be by Deed or Note in Writing
112
CHAP VIII
115
Where the Remedy may exceed the Penalty id
118
Recognizance
119
Bonds and Recognizances are assignable
121
IX
122
Bargain and Sale
123
a Who may convey by
125
Estates in Remainder and Reversion id
126
7 What may be conveyed by
127
A Rent may be reserved
128
Must be enrolled
129
ExceptionsLands in Cities
130
CHAP X
133
The Estate continues till a Use arises
140
Does not devest any Estate
146
Of Declarations of Uses 1 Origin and Nature of
149
tl Deeds to lead Uses
152
Deeds to declare Uses
161
Infants 16a 32 Married Women id
162
Idiots and Lunatics 65
166
CHAP XIII
168
PS
172
But includes a Right to reserve a new Power
174
CHAP XIV
190
CHAP XV
200
A general Power only authorizes Leases in Possession
211
Of Powers to lease in Reversion
218
And at different Times 24j 41 An Appointment may be a Revocation pro tanto
246
Where a Power is exceeded the Excess only is void
249
Or direct a Sale and appoint the Money
251
Must not be illusory 352
252
A Power cannot be delegated to another i6
257
In what Cases an Instrument operates as an Appoint ment
258
Effects of the Execution of a Power
264
CHAP XVII
267
But not for Volunteers
276
Where a complete Execution is prevented by Accident
277
CHAP XVIII
281
No Estate is devested by this Conveyance or by a Bar gain and Sale
282
CHAP XIX
292
6
293
Date
312
How to be described
314
Recital
317
Consideration r 31S 29 Grant or Release x id
318
Description of the Things granted
319
Effect of Additions to the Description
324
Clause respecting Deeds 37
327
69 Habendum
328
Void when repugnant to the Premises 329
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
292
356
What Words create Cross Remainders
362
Cases of Marriage Articles
366
Origin and Nature of the Rule 359
369
j Of Joint and several Limitations
374
Both Estates must be by the sama Instrument
379
303 305 306 307 id 38 310 311
395
Except in the case of Purchasers
397
The Rule not formerly applied in cases of Terms for Years 398
400
Unless a contrary Intent appears
401
CHAP XXIII
403
Perpetuities created by Act of Parliament
424
CHAP XXIV
426
Only binds the Heir where lie has As6et
436
Statute of Gloucester ig 36 Statute De Bonis g 37 Does not extend to collateral Warranty id
441
Statute 11 Hen VII c 20
444
CHAP XXV
446
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
45
482
CHAP XXVI
494
I Statutes in Favour of Creditors and Purchasers
515
Notice is immaterial
518
Voluntary Conveyances void against Creditors
519
Except where the Grantor is not indebted at the Time id
520
Though with Notice J22 31 And Conveyances with Power of Revocation
525
Who are deemed Purchasers r3
527
Voluntary Conveyances binding on the Parties f 29
529
Settlements before Marriage jja 67 How far the Consideration of Marriage extends
534
Of registering and enrolling Deeds
538

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Page 38 - Year from the making thereof; unless the Agreement upon which such Action shall be brought, or some Memorandum or Note thereof, shall be in writing, and signed by the Party to be charged therewith...
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 trusts, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 409 - Graves, for life ; remainder to his first and other sons in tail male ; remainder to the...
Page 417 - C., for life ; remainder to trustees to preserve contingent remainders ; remainder to the first and other sons of the said Lord C.
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 37 - 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 202 - ... sealed and delivered, in the presence of, and attested by two or more credible witnesses...
Page 298 - ... remainder to the first and other sons of the marriage in tail male, remainder to the first and other...
Page 539 - 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 115 - If this be all, the bond is called a single one, simplex obligatio; but there is generally a condition added, that if the obligor does some particular act, the obligation shall be void, or else shall remain in full force :* as, payment of rent ; performance of covenants in a deed ; or repayment of a principal sum of money borrowed of the obligee, with interest, which principal sum is usually one half of the penal sum specified in the bond. In case this condition is not performed, the bond becomes...

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