An Essay in a Course of Lectures on Abstracts of Title: To Facilitate the Study, and the Application of the First Principles, and General Rules of the Laws of Property; Stating in Detail, the Duty of Solicitors in Preparing, &c., and of Counsel Advising, on Abstacts of Title, Volume 1W. Clarke, 1818 - Abstracts of title |
Contents
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Common terms and phrases
2dly 3dly Abridgment abstract acts of parliament alienation application assignment attestation bankrupt bargain and sale circumstances clause collateral collateral warranty commence common law common recovery Comyns's considered contingent remainder convey conveyance copyhold court court of equity covenant to stand coverture death deed defective descent determination discontinuance disseisin duly encumbrances enrolment entail entry equity estate of freehold estate tail estoppel evidence executed executor executory devise fact farm fee-simple feoffment grant grantor habendum heir in tail inclosure acts indenture inheritance Inst instance interest issue in tail lands lease and release legal estate levied limitation Litt livery lord manor marriage material ment mode noticed observations operate owner ownership parcels particular estate parties person possession purchaser recital reversion or remainder rules seisin settlement solicitor stand seised statute surrender take effect tenant in tail term tion trusts unless vendor vested void voidable warranty words
Popular passages
Page 307 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...
Page 359 - A is tenant for life, remainder to B in tail, remainder to A in fee, and...
Page 308 - Thirdly, that the whole scope of the statute was to remit the common law, and never to intermeddle where the common law executed an estate ; therefore the statute ought to be expounded, that where the party seised to the use, and the cestuy que use is one person, he never taketh by the statute, except there be a direct impossibility or impertinency for the use, to take effect by the common law.
Page 169 - That all Conveyances by, and all Contracts and other Dealings and Transactions by and with, any Bankrupt, bond fide made and entered into more than Two Calendar Months before the Date and issuing of the Commission against him, and all Executions and Attachments against the Lands and Tenements or Goods and Chattels of such Bankrupt...
Page 282 - ... enacted, that every deed or other instrument, already made with the intention to exercise any power, authority, or trust, or to signify the consent or direction of any person whose consent or direction...
Page 74 - ... do hereby acknowledge, and of and from the same, and every part thereof, do acquit, release, and discharge the said...
Page 320 - An Act to enable Infants who are seised or possessed of Estates in Fee, in Trust or by way of Mortgage, to make Conveyances of such Estates:
Page 169 - Romilly's act, it was also provided, that in all cases of commissions of bankrupt thereafter to be issued, all conveyances by, all payments by and to, and all contracts and other dealings and transactions by and with any bankrupt, bondjide made or entered into more than two calendar months before the date of such commission, should, notwithstanding any prior act of bankruptcy committed by such bankrupt, be good and effectual to all intents and purposes...
Page 431 - It has been expressed with great precision, though not with much elegance, to be " in an instrument, if a freehold be limited to the ancestor for life, and the inheritance to his heirs, either mediately or immediately, the first taker takes the whole estate...
Page 431 - The rule simply is that where an estate of freehold is limited to a person, and the same instrument contains a limitation, either mediate or immediate, to his heirs, or the heirs of his body, the word 'heirs' is a word of limitation; ie, the ancestor takes the whole estate comprised in this term.