INDEX.

In order to avoid repetition, the points have been arranged under the heads to which
they appeared principally to belong, and references have been made to the prin
cipal heads from every other title to which it was thought a reader would refer for
any particular point. To give an instance, under the head, Bankruptcy, Act of,
the reader is referred to "Notice," where he will find, whether or not an act of
bankruptcy is notice to a purchaser.

ABSTRACTS,

what should be attended to in examining them

if the abstract be not ready at the day, the vendor cannot
enforce the contract at law

Page

8, n.

330

but if the purchaser do not call for the abstract in suf-
ficient time to complete, or receive it after the day

fixed, equity will relieve the vendor

331

must be furnished by the vendor, at his own expense

349

purchaser may maintain trover for it, pending the contract,
if retained by the seller

ib.

See TIME.

ACRES,

what shall be deemed customary, and what statute
ACT OF PARLIAMENT. See NOTICE.

276

ACT OF BANKRUPTCY. See BANKRUPTCY, act of.

ACTION,

a party is entitled to recover a penalty, where
may be brought by a purchaser for breach of contract,

where

195

ib.

ACTION,

Page

ACTION-(continued)

may be brought by a purchaser for damages in case of fraud,
although he has paid the money under a decree
purchaser bringing an action for his deposit on account of a
defect in title, must prove it bad

205

207

purchaser may either bring an action for non-performance,
or for money had and received, in what cases
purchaser will obtain nominal damages only where the ven-
dor, without fraud, cannot make a title

206

207

or where an agent, without fraud, has sold without a
proper authority
purchaser bringing an action, must give the vendor a parti.
cular, of what

ib.

209

a vendor bringing an action must shew his title to the estate 210
where a vendor brings an action for the purchase-money, a

court of law may enter into equitable objections, semble 212
so if a purchaser brings an action

on breach of contract, cannot be brought by a purchaser
without tendering the conveyance and purchase-money
unless the vendor's title is bad, or he has incapacitated
himself to perform the agreement

cannot be brought by a vendor, without having executed the
conveyance, or offered to do so

ib.

217

214

See ABSTRACT. AUCTIONEER.

COVENANTS FOR

TITLE. DAMAGES. INTEREST. PURCHASER,
TITLE. TITLE-DEEDS. VEndor.

ADVANCEMENT,

purchase by a father in the name of his child, although ille-
gitimate, is an advancement

535

so a grant of copyholds, successive, to children as no-
minees

536

if the father be a papist, incapable of purchasing, the
case is stronger

but the child must be unprovided for

or must be considered by the parent as unprovided
for

possession by the father, during the child's infancy, is im-
material

so even where the child is adult, semble

537

538

ib.

the parent laying out money in repairs, &c. is immaterial 539

AD-

ADVANCEMENT-(continued.)

so a declaration of trust, or devise by the father,

subsequently to the conveyance

but if a conveyance to a son is for a particular

purpose, a trust will result to the father

or the child may be put to his election

purchase by a father in the joint names of himself and child,
although an advancement, is not so strong a case as the
other, qu.

Page

539

ib.

ib.

ib.

where the father is dead, a purchase by the grandfather in
the name of the grandchild is an advancement
purchase by a husband in the name of his wife is an ad-
vancement

541

ib.

purchase by a father, in the name of his wife or child, is
voidable by creditors, where

ib.

employed by parol to buy an estate, and paying all the mo
ney, cannot be compelled to convey it to his principal
but if he deny the agreement, the principal is a compe-
tent witness to prove the perjury

who is a sufficient agent within the statute of frauds 87, 90.
estates bought by an agent with his principal's money may

26

501

534

ib.

be followed, where

543

purchaser must not pay money to the agent of the vendor

payment of deposit by an agent for a purchaser, may be re-

but whether this will be done during the mino-
rity of the heir, qu.

ib.

AGREE.

AGREEMENTS-(continued)

will be enforced, in equity,

against equitable issue in tail, where there has been a decree
in the ancestor's life-time, semble

a widow entitled to free bench, where

the survivor of joint tenants, where

Paga

176

178

ib.

178, 179

a husband who has covenanted to sell his wife's estate,

where

a person becoming lunatie after the contract, where 181
a person entitled, in default of execution, of a power
of sale, where a legal contract has been made under
the power, and the power is extinguished by the
deaths of parties

although the agreement is by parol, where, and where

not

the vendor or vendee become bankrupt

the vendor or vendee be dead

182

93, 114

154

the purchaser is a nominal contractor, where, and

where not

void at law, where, and where not

a penalty be imposed

the estate is destroyed, where

155

190

192

194

235

the consideration, being contingent, has failed, where 238
the vendor has not the interest which he pretended

to sell, or a title to the whole estate, where, and

where not

243,255

the purchaser knew that the seller could not grant

the whole interest sold, semble

the estate is freehold, and was sold as

where an agent has sold the estate in a manner not autho.

rised by his authority

an agent has committed a gross breach of trust to his

186

Page

AGREEMENTS-(continued.)

will not be enforced in equity,

when made in a state of intoxication

where it would be particularly hard on the party against
whom it should be decreed

there has been suppressio veri, or suggestio falsi

there has been a surprise

a vendor has industriously concealed a latent
defect

184

184, 185

185

186

2, 271

the estate is leasehold or copyhold, and the pur-
chaser contracted for freehold

253

cific performance

general rules by which equity is guided in granting a spe-

to purchase and settle an estate, what is a performance
to grant a lease, where binding on a purchaser

183

545

630, 632

to provide a purchaser for an estate, how performed
in the hands of one party may be obtained by the other to
stamp it
where there is only part of the agreement, it must be pro-
duced on an action

42

211

ib,

See CONSIDERATION. COVENANTS. PURCHASER.
STATUTE OF FRAUDS. TIME. TITLE. Vendor.
VOLUNTARY CONVEYANCE.

ALIEN,

can only purchase for the benefit of the king

unless he be made a denizen

AMBIGUITIES,

may be explained by parol evidence, where, and where

not

501

ib,

134, 153

ANNUITY,

estate sold for an annuity must be secured, how, where no

agreement

219