An Essay on Uses and Trusts: And on the Nature and Operation of Conveyances at Common Law, and Those Deriving Their Effect from the Statute of Uses, Volume 1W. Walker, 1813 - Conveyancing |
From inside the book
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Page 4
... recovery ; none of these intents , or trusts , were uses . The trust above described is called by Sir Francis Bacon , " the special trust lawfuli . " But there is a special trust unlawful , which , he says , was created to the intent ...
... recovery ; none of these intents , or trusts , were uses . The trust above described is called by Sir Francis Bacon , " the special trust lawfuli . " But there is a special trust unlawful , which , he says , was created to the intent ...
Page 11
... recover her lands , in case the marriage did not take effect b . So , if the woman had given the lands to a stranger , to the intent , that he should re- convey them to her and her intended hus- band , the same writ was allowed her ...
... recover her lands , in case the marriage did not take effect b . So , if the woman had given the lands to a stranger , to the intent , that he should re- convey them to her and her intended hus- band , the same writ was allowed her ...
Page 13
... recovery , to the great " hindrance and oppression " of the people ; it is or- " dained and established , " that from henceforth no 66 gift or feoffment of lands , " tenements , or goods , be " made by such fraud or " maintenance ; and ...
... recovery , to the great " hindrance and oppression " of the people ; it is or- " dained and established , " that from henceforth no 66 gift or feoffment of lands , " tenements , or goods , be " made by such fraud or " maintenance ; and ...
Page 14
... recovery against the " first such feoffor . And " it is to wit , that this sta- " tute ought to be under- " stood where such feoffors " thereof take the profits . " x " And moreover it is " assented , that if any alien " have purchased ...
... recovery against the " first such feoffor . And " it is to wit , that this sta- " tute ought to be under- " stood where such feoffors " thereof take the profits . " x " And moreover it is " assented , that if any alien " have purchased ...
Page 18
... in such case , may " have and maintain a writ of waste against " the said tenants for term of life , of another's See the Year Book 11 Hen . 4. 52. pl . 30 . " life , or for years , and so recover 18 Uses and Trusts before [ CHAP . I.
... in such case , may " have and maintain a writ of waste against " the said tenants for term of life , of another's See the Year Book 11 Hen . 4. 52. pl . 30 . " life , or for years , and so recover 18 Uses and Trusts before [ CHAP . I.
Common terms and phrases
aforesaid alien ance appointment arise ation of legal cestuique trust circum common law consideration considered construction constructive trusts convey conveyance Court of Chancery courts of equity covenant cuted cution deed devise dower Dyer Eliz enfeoffed entitled entry escheat estate tail executed executors express fee-simple feme feme covert Feof feoffees feoffment feoffment in fee feoffor fore forfeiture grant grantor hereditaments husband Ibid infant intention issue jointure King lands lease and release legal estate levied limited Litt lord mainder ment note to pl observed operation parties person or persons Plowd possession purchaser reign rents and profits resulting trust right heirs rule sary SECT seisin settlement stances neces stand seised stat statute 1 Rich statute 27 Hen statute of frauds tates tenant in tail tenements thereof tion of trusts trust declared trusts differ tuique tute Vern vested wife words
Popular passages
Page 307 - Appointment, to be sealed and delivered, by her, in the presence of, and attested by Two or more credible Witnesses, or by her last Will and Testament in writing, or any...
Page 230 - Nothing is better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted...
Page 313 - ... attested by two or more credible witnesses, or by his last will and testament in writing, or any writing in the nature of or purporting to be his last will and testament, or any codicil or codicils thereto...
Page 316 - Duberly, by any deed or deeds, writing or writings, with or without power of revocation and new appointment, to be by him sealed and delivered in the presence of, and to be attested by two or more credible witnesses...
Page 84 - ... or other hereditaments, to the use, confidence, or trust of any other person or persons...
Page 65 - ... shall from henceforth stand and be seised, deemed and adjudged in lawful seisin, estate and possession of and in the same honours, castles, manors, lands, tenements, rents, services, reversions, remainders, and hereditaments, with their appurtenances, to all intents, constructions and purposes in the law, of and in such like estates as they had or shall have in use, trust or confidence of or in the same...
Page 314 - Rowley by any deed or deeds, instrument or instruments in writing, with or without power of revocation and new appointment, to be by him sealed and delivered in the presence of and attested by two or more credible witnesses...
Page 135 - Thus, if the land be limited to the use of A. for life, remainder to the use of the oldest son of B.
Page 63 - ... divers and sundry imaginations, subtle inventions and practices have been used, whereby the hereditaments of this realm have been conveyed from one to another by fraudulent feoffments, fines, recoveries, and other assurances craftily made to secret uses, intents and trusts...
Page 103 - JS in fee, to the use of A. for life, remainder to the use of his first son unborn in tail, •with remainder to the use of B.