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

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J. Butterworth, 1824 - Real property

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Contents

Who may be Grantees id
22
Different Kinds of
24
Writing
25
Sufficient Words
26
Reading if required 27 id
27
Sealing and Signing
29
Delivery
31
Delivery as an Escrow
32
CHAP III
33
Does not extend to collateral Warranty
34
Which bars all Remainders
36
But not the Reversion
39
A written Agreement discharged by Parol
48
Sect Page 8 Livery in Deed
50
Livery in Law
51
May be by Attorney id
52
A Feoffment cannot commence in futuro id
53
What Kind of Property id
54
Transfers the Freehold by Disseisin id
55
What may be created or conveyed by Grant
56
Operation of a Grant
57
CHAP V
58
Where only an Agreement for a Lease
61
Must have a certain Beginning and Ending
62
May determine by Proviso
65
What may be leased id
66
Husbands seised Jure Uxoris id
67
Circumstances required in these Leases id
72
Tenants by the Curtesy and in Dower
73
Executors and Administrators
74
Married Women
75
Void and voidable Leases id
79
Sect Page 1 Exchange
80
Partition
83
Release
84
How Releases enure
85
Mitter le Droit
86
Extinguishment
88
What may be released
89
Confirmation
90
CHAP VII
92
Assignment
97
Defeasance
98
CHAP VIII
99
Its Effect
101
As to a devisee
102
Where the Remedy may exceed the Penalty id
103
Effect of
104
Bonds and Recognizances are assignable id
105
Sect Page
106
Must be enrolled
112
What Consideration necessary id
121
Origin and Nature
123
What Consideration necessary id
127
Idiots and Lunatics
143
CHAP XIV
165
Of Powers to lease
174
A general Power only authorizes Leases in Possession
184
What is the ancient Rent id
196
Unless the Power is collateral
209
And at different Times
215
Must not be illusory
221
Where a complete Execution is prevented by
235
CHAP XVIII
246
Sect Page 31 Settlements rectified
262
Some Operation is always given to a Deed
263
Where the Grantee has an Election how to take
265
Parties
276
Recital
279
Consideration
280
Deseription of the Things granted
281
Livery of Seisin id
284
Effect of Additions to the Description
286
Clause respecting Deeds
288
Exception
289
Void when repugnant to the Premises
290
But may qualify them
292
Sometimes not controlled by the Premises id
293
CHAP XXI
294
Corporations
296
What Words restrain the Word Heirs id
300
Limitation to a Man and his Wife and the Heirs 30 Distinction between Heirs of the Body and upon or on the Body
302
Limitation to the Heirs of the Body of A
303
Usual Mode of limiting Estates Tail
304
What Words create an Estate for Life
307
What Words create a Tenancy in Common
312
What Words create Cross Remainders
319
Cases of Marriage Articles
323
CHAP XXII
325
And be of the same Nature
334
The Rule not extended to the Words Son Child c
335
Statute 11 Hen VII c 20
341
Settlements in pursuance of Articles rectified
349
Except there are Purchasers
351
The Rule not formerly applied to Terms for Years id
353
Unless a contrary Intention appears
354
CHAP XXIII
355
Settlements of Estates for Life
359
Settlements of Estates for Years
360
Alienation may be restrained during Lives in being and twenty one Years after 365
366
This Rule applied to springing and shifting Uses
367
And to Uses arising from Appointments 25 And to Declarations of Trust of Terms for Years
371
But not to Remainders after Estates Tail
372
An unborn Person may be made Tenant for Life id
373
How Warranties may be destroyed
375
id
378
id
386
id
391
CHAP XXV
392
Who are bound to covenant for the Title
402
id
404
Sect Page 86 Remedies under these Covenants
419
Covenants in Assignments of Leaseholds 422
422
Covenants for Production of Title Deeds 98 Covenants for Renewal of Leases id
423
CHAP XXVI
435
Disagreement 437
437
Duress
438
Erasure or Interlineation
439
Breaking off the Seal 440 id
440
Where it is usurious
441
When obtained by Fraud 442
442
Or made in Derogation of the Rights of Marriage
451
Or for an immoral Consideration
453
All Deeds are void as to Crown Debts 64 The Crown entitled to a Term to attend
455
CHAP XXVII
457
Proviso for Deeds made on good Consideration
472
Settlements in consideration of Marriage
473
How far the consideration of Marriage extends 479
479
Of registering and enrolling Deeds Sect 2 Register Acts nl An Appointment must be registered 13 Registering an Assignment is not registering a Lea...
482
The Notice must be fully proved
499
Utility of the Register Acts
500
Register of Annuities
502
Perpetuities created by Act of Parliament id
503

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Common terms and phrases

Popular passages

Page 33 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing...
Page 129 - 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 28 - That all leases, estates, interests of freehold, or terms of years, or any uncertain interest of, in, to, or out of any messuages, manors, lands, tenements, or hereditaments, made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only...
Page 118 - ... 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 28 - 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 483 - 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 41 - They must be such as could be done with no other view or design than to perform the agreement.
Page 421 - Act as an improvement, he shall be liable to an action on the case, in the nature of an action of waste, for the damage thereby occasioned, at the suit of any person entitled to any estate in remainder or reversion in such lands.
Page 217 - ... remainder to the first and other sons of the marriage in tail male; remainder to the first and other...
Page 233 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...

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