A Practical Treatise [o]f the Law of Vendors & Purchasers of Estates |
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Page vii
... Observations V. Duty on Appraisements 35 43 CHAP . II . OF SALES UNDER THE AUTHORITY OF THE COURTS OF EQUITY . SECT . 1. Of the Proceedings from the Advertisements to the Conveyance SECT . 2. Of opening the Biddings ; and of rescinding ...
... Observations V. Duty on Appraisements 35 43 CHAP . II . OF SALES UNDER THE AUTHORITY OF THE COURTS OF EQUITY . SECT . 1. Of the Proceedings from the Advertisements to the Conveyance SECT . 2. Of opening the Biddings ; and of rescinding ...
Page 23
... observed , in the late case of Smith v . Clarke , that he did not see , that if several bidders were employed ' by the vendor , in that case , a court of equity would com- pel the purchaser to carry the agreement into exécution ; for ...
... observed , in the late case of Smith v . Clarke , that he did not see , that if several bidders were employed ' by the vendor , in that case , a court of equity would com- pel the purchaser to carry the agreement into exécution ; for ...
Page 27
... observed , it is impossible that all the little particulars relative to the quantity , the situation , & c . should be so specifically laid down , as not to call for some allowance and consideration , when the bargain comes to be ...
... observed , it is impossible that all the little particulars relative to the quantity , the situation , & c . should be so specifically laid down , as not to call for some allowance and consideration , when the bargain comes to be ...
Page 40
... observed , that a deposit does not impose a liability or responsibility upon the party to whom notice of it is given ; throwing upon him any risk as to the principal . The principal remains entirely at the risk of the party making the ...
... observed , that a deposit does not impose a liability or responsibility upon the party to whom notice of it is given ; throwing upon him any risk as to the principal . The principal remains entirely at the risk of the party making the ...
Page 41
... observation is made as an introduction to a late case ( o ) , in which it was decided that the assignees of a bankrupt could not be charged as assignees of the lease , where they had not en- tered into actual possession , but merely put ...
... observation is made as an introduction to a late case ( o ) , in which it was decided that the assignees of a bankrupt could not be charged as assignees of the lease , where they had not en- tered into actual possession , but merely put ...
Contents
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Other editions - View all
A Practical Treatise [o]f the Law of Vendors and Purchasers of Estates Edward Burtenshaw Sugden No preview available - 2015 |
Common terms and phrases
9 Ves afterwards agent agreed appears assignment auction duty Ball and Beatty bankrupt bidder bind bound cestui que trust Chancellor chaser cited compel considered contract convey conveyance court of equity covenant creditors debts decided decree deed deemed defendant deposit devise Earl East entitled execution favour ground incumbrance intended interest judgment lands lease leasehold leasehold estate legal estate lien Lord Chancellor Lord Eldon Lord Ellenborough Lord Hardwicke Lord Redesdale Lord Rosslyn Lord Thurlow Lordship master ment mortgage notice observed opinion owner paid parol agreement parol evidence parties payment personal estate plaintiff possession purchase-money purchaser registered rent Rolls rule Scho seems seised sell seller settlement settlor Smith sold specific performance statute of frauds supra Taunt tenant Term Rep tion trustee unless valuable consideration vendor Vern Vide wife written agreement
Popular passages
Page 9 - ... any annuity or rent-charge shall, from and after the passing of this act, be granted for one or more life or lives...
Page 431 - where a man by deed or will charges or orders an estate to be sold for payment of debts generally, and then makes specific dispositions, the purchaser is not bound to see to the application of the purchasemoney : it is just the same as if the specific bequests were out of the will.
Page 51 - ... 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, or some other person thereunto by him lawfully authorised...
Page 389 - ... seised or possessed, in trust for him against whom execution is so sued, like as the sheriff or other officer might or ought to have done, if the said party against whom execution...
Page 442 - To obviate this difficulty, which frequently occurs, it might, perhaps, be advisable (instead of naming the trustees in the clause) to say, that the receipts " of the trustees or trustee, for the time being, acting in the execution of the trusts hereby created," shall be sufficient discharges.
Page 24 - ... sale, together with all charges attending the same, shall be made good by the defaulter,
Page 79 - ... shall be allowed to be good, except the buyer shall accept part of the goods so sold and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 218 - THURLOW said, that to set aside a conveyance, there must be an inequality, so strong, gross and manifest, that it must be impossible to state it to a man of common sense without producing an exclamation at the inequality of it (1).
Page 51 - ... 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 580 - June, no Writ of Fieri facias, or other Writ of Execution, shall bind the Property of the Goods against whom such Writ of Execution is sued forth, but from the Time that such Writ shall be delivered to the Sheriff...