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

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A. Strahan, Law-Printer to the King, 1804 - Real property
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Contents

Signing and sealing ibid 49 Delivery
28
Attestation
31
CHAP III
32
The Premises
33
Of a Gift 1
34
Recital
37
j2 Consideration ibid 24 Grant
38
Description of Things granted ibid 4j Clause respecting Deeds
45
Exception
46
Habejidum ibid 52 Tenendum
47
Reddendum ibid 54 Condition
48
CHAP IV
49
Lineal Warranty
52
Assets
53
Collateral Warranty
54
Statute of Gloucester
56
Statute de donii ibid 2J A collateral Warranty bars Estates Tail 24 And all Remainders expectant thereon
61
Assets
62
How a Warranty may be destroyed
63
CHAP V
64
No technical Words necessary
65
Implied Covenants t
66
Joint and several Covenants ibid
67
Covenants real
68
Bind all claiming under the Grantee
69
And all claiming under the Grantor
74
Covenants for the Title to Lands
77
Usually restrained to the Acts of the Vendor
81
Who are held to claim through the Vendor
84
Or by his Default
86
Covenants for production of TitleDeeds ibid 54 What Covenants where the Title is defective ibid 5j Remedies under these Covenants
87
Who are bound to enter into these Covenants
92
Conclusion
99
CHAP VI
100
No technical Words necessary
112
CHAP VII
115
Jointtenants Coparceners and Tenants in Common ibid 13 Tenants in Tail
119
Husbands seised jure uxorts
120
Ecclesiastics seised jure ecdeftt ibid 30 Circumstances required in these Leases
121
Tenants for Life
127
Tenants in Dower and by the Curtesy
128
Tenants for Years
129
Guardians in Socage ibid 48 Executors and Administrators ibid 49 Who are incapable of making Leases
130
Infants ibid 53 Married Women
131
CHAP VIII
139
Of a Release ibid 13 Operative Words
144
Different Kinds of Releases
145
What may be released ijt 42 Of a Confirmation
152
CHAP IX
155
1 Of a Surrender 3 No technical Words necessary
156
8
157
0s an Assignment
160
No technical Words necessary
161
Must be by Deed ibid 21 What may be assigned
162
Of a Deseazance
163
CHAP X
165
Of a Bond jfij
166
Effect of a Bond as to the Obligor
168
As to his Heir ibid 15 Statute of Fraudulent Devises
169
Where the Remedy may exceed the Penalty ibid 19 Assignable
170
CHAP XI
172
What Words necessary
173
Who may convey by Bargain and Sale
174
What may be conveyed by
176
What Consideration necessary
178
Mull be inrolled
180
g4 Exception Lands in Cities and boroughs
182
Relation of the Inrolment
183
CHAP XII
185
What Words necessary
186
Who may covenant to stand seised
187
What Consideration necessary
188
2j A Rent maybe reserved on a Covenant
192
The Estate continues until a Use arises ibid 28 A Bargain and Sale and Covenant to stand seised do not devest any Estate
193
No Uses can be declared on these Conveyances
194
CHAP XIII
195
Who may convey by and what
198
What Consideration necessary
199
A Release does not devest an Estate
202
Whether a Use results on a Lease and Release ibid 19 To whom the Title Deeds belong
203
CHAP XIV
205
Exception
210
Who may declare Uses
220
The King
221
Married Women ibid 33 Infants
224
Idiots and Lunatics
226
The Right to declare Uses is coextensive with the Estate ibid 41 Uses may be declared on a Lease and Release
227
CHAP XV
228
Adams 234 270
234
CHAP XVI
246
12
299
24 A general Power only authorizes Leases in Posseffion
304
Haines 123
305
4th As to the Duration of the Lease ibid 47 5th As to the Rent
313
6th As to the Clauses and Covenants
320
In what Conveyances leasing Powers may be inserted
322
Where the Power is not well executed the Lease is void
323
CHAP XIX
324
CHAP XX
333
A Tine or Recovery
334
Powers in gross not barred by a Conveyance of the Land
335
Powers to Lease not barred by a Charge on the Land
336
to Powers collateral not barred by Release or Conveyance
337
A Power may be merged
338
A Power may be forseited to the Crown
339
In what Cases such Power may be executed ibid 18 When a Power becomes void
342
CHAP XXI
343
Utility of the Register Acts
345
An Appointment must be registered
346
Registering an Assignment is not registering a Lease
348
Registering is not Notice ibid 16 Notice takes away the Effect of registering
353
But the Notice must be fully proved
363
Of inrolling Deeds
366
CHAP XXII
367
Breaking off the Seat
369
When usurious
370
Of the Statutes 13 ESz c 5 27 ES c 4
372
What Conveyances are within these Statutes
373
Notice is immaterial
375
Conveyances for a good Consideration only
378
Conveyances with Power of Revocation
379
Kennett
393
Settlements in Consideration of Marriage ibid 66 How far the Consideration of Marriage extends
398
Settlement by a Widow on her Children
404
Whether Copyholds are within these Statutes ibid 76 Voluntary Conveyances are binding on the Party
405
Duress
406
Equity avoids Deeds obtained by Fraud ibid 87 Or made in Derogation of the Rights of Marriage
408
Buckle 16
409
7
414
CHAP XXIII
415
will be allowed to operate some other Way
420
Where the Grantee has an Election how to take
423
In what Cases Averments are admitted
425
Where a Deed is uncertain it has no efsect ibid 29 Construction of Conveyances to Uses
426
Construction of Declarations of Trust
428
Particular Rules
430
Grant ibid 43 Habendum
431
Where repugnant to Premises 4 33
434
Where it is not controlled by the Premises
436
Words of Limitation and Purchase
437
CHAP XXIV
439
Exceptions
441
What Words create an Estate in Tail l
442
Limitation to A and his Heirs remainder over 44c 29 Limitation to A and his Wise and the Heirs of the Body of A or of his Wise 44
446
Effect of a Limitation to the Heirs of the Body of A
449
Usual Modes of limiting Estates Tail
451
What Words create an Estate far Lise
453
What Words create a JointTenancy
454
What Words create a Tenancy in common
455
What Words create Crossremainders
459
5i What Words create a Condition
467
CHAP XXV
470
11 Mode in which Limitations are vested
474
Of Joint and several Limitations
475
Both the Estates must be created by the fame Instrument
478
It is the fame where the Ancestor takes by Implication
480
The Rule not extended to the Words Son c ibid 31 Nor to the Word Heir in the Singular Number
481
Nor where the Estates are of difserent Natures ibid 35 Nor to Cases of Marriage Articles
482
The Rule adopted in Assignments of Terms for Years
484
Unless there are superadded Words
489
CHAP XXVI
491
History of Settlements
493
11 Mode
495
This Rule applied to springing and shifting Uses
496
And also to Uses arising from Appointments
497
But not to Remainders after Estates Tail
503
An unborn Person may be made Tenant for Lise 404
505
These Rules applicable to Declarations of Trust of Terms for Years
506
TITLE XXXIII
509
Castleacre Prior ofs Case 519
519
Private Act ibid
527
Effect of the General Saying
544
5 What makes a private Act 12 Some Cases in which private Acts may be obtained
548
Will bar an Estate Tail and all Remainders over 520
549
Standing Orders of the House of Lords
553
As to Bills relative to Estates in Ireland
560
TITLE XXXIV
564
Of Offices
565
Of Crown Lands ibid 7 Of the Kings private Property
566
Constructions of Kings Grants
567

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Common terms and phrases

Popular passages

Page 554 - ... be paid into the Bank of England in the name and with the privity of the Accountant-General of the Court of Chancery...
Page 41 - Tenement is a word of still greater extent, and though in its vulgar acceptation it is only applied to houses and other buildings, yet in its original, proper, and legal sense it signifies everything that may be holden, provided it be of a permanent nature ; whether it be of a substantial and sensible, or of an unsubstantial, ideal kind.
Page 165 - 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.
Page 12 - When the several parts of an indenture are interchangeably executed by the several parties, that part or copy which is executed by the grantor is usually called the original...
Page 375 - Eliz. is this; if there is a voluntary conveyance of real estate or chattel interest by one not indebted at the time, though he afterwards becomes indebted, if that voluntary conveyance was for a child, and no particular evidence or badge of fraud to deceive or defraud subsequent creditors, that will be good ; but if any mark of fraud, collusion, or intent to deceive subsequent creditors appears, that will make it void ; otherwise not, but it will stand, though afterwards he becomes indebted.
Page 394 - The queflion, therefore, in every cafe is, whether *' the aft done is a bond fide tranfa£Uon ; or, whether ** it is a trick and contrivance to defeat creditors. If >' there be a conveyance to a truftee for the benefit " of the debtor, it is fraudulent : the queftion then " is, whether this fettlement is of that fort ? It is a " fettlement, which is very common in great families.
Page 116 - ... words, whether they run in the form of a licence, covenant, or agreement, are of themselves sufficient, and will, in construction of law, amount to a lease for years, as effectually as if the most proper and pertinent words had been made use of for that purpose...
Page 138 - This case,' said Lord MANSFIELD, 'is extremely clear. To construe this acceptance of rent, due since the condition broken, a waiver of the forfeiture, is to construe it according to the intention of the parties. Upon the breach of the condition the landlord had a right to enter. H He had full notice of the breach, and does not take advantage of it, but accepts rent subsequently accrued. That shows he meant the lease should continue. Cases of forfeiture are not favoured in law; and when the forfeiture...
Page 461 - M. to be begotten, share and share alike, equally to be divided between them, and of the heirs of the body and bodies of all and every such daughter and daughters lawfully issuing, and for default of such issue, over.
Page 415 - ... upon them. But here a distinction must be taken between an indenture and a deed-poll: for the words of an indenture, executed by both parties, are to be considered as the words of them both; for, though delivered as the words of one party, yet they are not his words only, because the other party hath given his consent to every one of them. But in a deed-poll, executed...

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