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

Front Cover
J. Butterworth, 1824 - Real property

From inside the book

Contents

A general Power only authorizes Leases in Possession
24
Unless the Estate be reversionary
31
Introductory Acts not a Part Performance
44
Sect
48
Operation of a Feoffment
54
Executors and Administrators
62
Infants
74
Sect
76
Sect Page 1 Exchange
80
Partition
83
Release
84
Void and voidable Leases
85
Mitter le Droit
86
Extinguishment
88
What may be released
89
Confirmation
90
CHAP VII
92
Defeasance
98
CHAP VIII
99
As to a devisee
102
Recognizance
104
Sect Page 1 Deeds derived from the Statute of Uses
106
Who may convey by
108
What may be conveyed by
109
Requires a pecuniary Consideration
110
A Rent may be reserved
111
Must be enrolled
112
ExceptionsLands in Cities
113
CHAP X
115
No Estate is devested by this Conveyance or by a Bargain and Sale
122
CHAP XI
123
Incorporeal Hereditaments
126
What Consideration necessary id
127
To whom the Title Deeds belong
128
Uses may be declared on a Lease and Release
144
A Power to appoint implies a Power to revoke
151
Married Women
157
CHAP XIV
165
Proportioned to the Fortune of the Wife
171
Powers to lease in Reversion
189
What is the best Rent
196
Sect Page 68 Unless there are special Words
226
Effects of the Execution of a Power
232
Will not defeat a prior Estate
234
In Favour of Children
240
Though provided for
241
In Favour of Creditors id
242
Or where there is Fraud
243
Where a complete Execution is prevented by Ac cident id
244
CHAP XVIII
246
Powers in Gross not barred by a Conveyance of the Land id
248
Unless the Estates are devested
249
Collateral Powers not barred by any Conveyance
251
A Power may be forfeited to the Crown
252
A Power may be merged
254
CHAP XIX
255
When a deed is uncertain it is void
260
Words sometimes rejected id
261
Settlements rectified
262
Feoffment
267
But admitted in support of them
269
CHAP XX
275
Livery of Seisin
284
Effect of Additions to the Description
286
But may qualify them
292
Sect Page 41 What Words create an Estate for Years or at Will
294
20
297
Limitation to a Man and his Wife and the Heirs
300
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
The Rule not formerly applied to Terms for Years id
353
Unless a contrary Intention appears
354
CHAP XXIII
355
History of Settlements
358
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
366
And to Uses arising from Appointments
367
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
Sect Page 1 Of the Reddendum
375
Condition id
378
Implied Warranty
380
Lineal Warranty
382
Only Binds the Heir where he has Assets
383
Collateral Warranty
384
Statute of Gloucester
386
Does not extend to collateral Warranty id
387
But not the Reversion
388
Statute 11 Hen VII c 20
390
Statute 4 Anne c 16
391
CHAP XXV
392
No technical Words necessary
393
How construed
394
Implied Covenants
395
Covenants Real
397
Extend to all claiming under the Grantee
398
ExceptionUndertenants
400
The Assignor still liable
401
The Grantees of Reversions entitled to the benefit of Covenants
402
General and specific Covenants
403
Usual Covenants for the Title
404
That the Grantor is seised in Fee c id
405
Free from Incumbrances
407
For further Assurance
408
These Covenants run with the Land
409
Are now usually restrained
410
According to the Title of the Vendor
412
Who are held to claim under the Vendor
415
Who are bound to covenant for the Title
417
Sect Page 86 Remedies under these Covenants
419
Covenants in Assignments of Leaseholds
422
Covenants for Production of Title Deeds
423
CHAP XXVI
435
Disagreement
437
Duress
438
Erasure or Interlineation
439
Breaking off the Seal
440
Where it is usurious
441
When obtained by Fraud
442
Or made in Derogation of the Rights of Marriage
445
Or for an immoral Consideration
451
All Deeds are void as to Crown Debts
453
Effect
455
CHAP XXVII
457
What Deeds are void by these Statutes
458
Or to defraud Purchasers
459
Notice is immaterial
460
Bonds and Recognizances are assignable id 105
461
But not against future ones id
462
Though with Notice
463
And Conveyances with Power of Revocation
466
Who are deemed Purchasers
468
Voluntary Conveyances binding on the Party
470
And good as to subsequent voluntary Conveyances
471
And also as to a Will id
472
Settlements in consideration of Marriage
473
How far the consideration of Marriage extends
479
Settlement by a Widow on her Children
481
Registering an Assignment is not registering a Lease
482
Perpetuities created by Act of Parliament id
503

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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