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

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Contents

Who may be Grantees id
25
2 Consideration O
26
Different kinds of
27
3 Writing
28
A proper Stamp
29
Formal Parts
30
5 Reading if required
31
7 Delivery
33
Delivery as an Escrow
34
8 Attestation by Witnesses
36
Of the Statute of Frauds J Statement of the Statute
37
Construction of the 4th Section
38
What amounts to an Agreement
39
What is a sufficient Signing
40
An Agent may be authorized to fign by Parol
42
A Letter is an Agreement O id
44
Parol Agreements good in Equity
45
Where there is a Part Performance
46
What Acts are a Part Performance
47
Payment of Purchase Money
48
Introductory Acts not a Part Performance id
53
A written Agreement discharged by Parol id
54
Different kinds of Deeds
55
Of a Feoffment
56
Livery of Seisin id
57
May be by Attorney 39
59
A Feoffment cannot commence in futuro id
60
What Kind of Property
61
Operation of a Feoffment
62
Transfers the Freebold by Digseisin id
63
What may be created or conveyed by Grant
64
Operation of a Grant
65
Does not create a Discontinuance id
66
CHAP V
67
Where only an Agreement for a Leaſe
69
Must have a certain Beginning and Ending
72
May determine by Proviso
75
Tenants in Tail
76
Ecclesiastics seised Jure Ecclesia
77
Circumstances required in these Leases id
82
Tenants for Life
83
a 3
88
Defeazance
113
A Bond ITS 8 Its Effect as to the Obligor
115
Recognizance
119
Bonds and Recognizances are assignable
121
CHAP IX
122
Bargain and Sale
123
Who may convey 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
A Use only arises to the Persons within the Consider ation
139
The Estate continues till a Use arises
140
Does not devest
142
Of Declarations of Uses
149
27
161
CHAP XIII
168
Married Women
181
Who may be Appointees
185
A Power does not suspend the vesting of Remainders
186
CHAP XIV
190
CHAP XV
200
2 As to the Lands to be leased id
202
A Qualification destructive of a Power dispensed with
204
3 As to the Time when a Lease is to commence
210
A general Power only authorizes Leases in Possession
211
Unless the Estate is reversionary
212
Does not authorize a Lease to commence after a subsist ing Lease
213
But concurrent Leaſes are good
216
or Will
238
Unless the Power is collateral id
239
The Power need not be recited
240
But the Instrument must refer to the Estate
241
A Power may be executed by several Assurances
244
And at different Times
245
An Appointment may be a Revocation pro tanto
246
Where a Power is exceeded the Excess only is void id
249
Or direct a Sale and appoint the Money
251
Must not be illusory
252
A Power cannot be delegated to another
256
Unless there are special Words
257
In what Cases an Instrument operates as an Appoint ment
258
Effects of the Execution of a Power
264
CHAP XVII
267
In Favour of Children
273
Though provided for
274
Where a complete Execution is prevented by Accident
277
In Favour of Creditors
279
CHAP XVIII
281
No Estate is devested by this Conveyance or by a Bar gain and Sale
282
And by Bargain and Sale id 7 And by Bargain and Sale 9 May be suspended or charged
283
A Power to lease not barred by a Charge id
285
Unless the Estate is devested
286
Powers collateral to the Land
287
A Power may be forfeited to the Crown
288
In what Cases it may be executed id
290
Where there is no Object of a Power it becomes void
291
1
292
Words sometimes rejected
296
Omissions supplied
297
Settlements rectified id
298
Some Operation is always given to a Deed id
301
No Averments admitted against Deeds
303
But admitted in support of them
305
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
Date
312
Parties
313
How to be described
314
Recital
317
Consideration
318
Description of the Things granted
319
Effect of Additions to the Description
324
Clause respecting Deeds
327
Habendum
328
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
What Words restrain the Word Heirs id
340
Limitation to a Man and his Wife and the Heirs of 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
Origin and Nature of the Rule
369
And of Purchasers for a valuable Consideration id
397
Unless a contrary Intent appears
401
CHAP XXIII
403
Cases of Marriage Articles 366
414
Alienation may be restrained during Lives in being and 21 Years after
415
And to Uses arising from Appointments
417
And to Declarations of Trust of Terms
422
But not to Remainders after Estates Tail id
423
Perpetuities created by Act of Parliament
424
CHAP XXIV
426
170
470

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Page 36 - 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 148 - 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 405 - Graves, for life ; remainder to his first and other sons in tail male ; remainder to the...
Page 413 - C., for life ; remainder to trustees to preserve contingent remainders ; remainder to the first and other sons of the said Lord C.
Page 134 - ... 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 35 - 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 198 - ... sealed and delivered, in the presence of, and attested by two or more credible witnesses...
Page 294 - ... remainder to the first and other sons of the marriage in tail male, remainder to the first and other...
Page 535 - 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 113 - 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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