A Practical Treatise [o]f the Law of Vendors & Purchasers of Estates |
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Page 34
... relieved from it , and was entitled to recover back his deposit . The plaintiff had a verdict , so that the Jury must have thought the misdescription fraudulent ( h ) . A bidding at a sale by auction , may be countermanded at any time ...
... relieved from it , and was entitled to recover back his deposit . The plaintiff had a verdict , so that the Jury must have thought the misdescription fraudulent ( h ) . A bidding at a sale by auction , may be countermanded at any time ...
Page 40
... relieve the purchaser , upon his putting the vendor in the same situation as he would have been in had the contract been performed at the time agreed upon ( 7 ) . But if a bill by a purchaser for a specific performance is dismissed ...
... relieve the purchaser , upon his putting the vendor in the same situation as he would have been in had the contract been performed at the time agreed upon ( 7 ) . But if a bill by a purchaser for a specific performance is dismissed ...
Page 41
... relieved from the rent and covenants , and the lessor is enabled in a summary way to compel the assignees to make their election either to accept the same or deliver up the lease and possession of the estate . Upon this pro- vision ...
... relieved from the rent and covenants , and the lessor is enabled in a summary way to compel the assignees to make their election either to accept the same or deliver up the lease and possession of the estate . Upon this pro- vision ...
Page 43
... relieved from it , and was entitled to recover back his deposit . The plaintiff had a verdict , so that the Jury must have thought the misdescription fraudulent ( h ) . A bidding at a sale by auction , may be countermanded at any time ...
... relieved from it , and was entitled to recover back his deposit . The plaintiff had a verdict , so that the Jury must have thought the misdescription fraudulent ( h ) . A bidding at a sale by auction , may be countermanded at any time ...
Page 46
... relieved against ( k ) ; and it has been said that a purchaser is bound to see , that , at least as far as appears on the face of the proceedings before the court , there is no fraud in the case ( 1 ) ; but , if the court itself is ...
... relieved against ( k ) ; and it has been said that a purchaser is bound to see , that , at least as far as appears on the face of the proceedings before the court , there is no fraud in the case ( 1 ) ; but , if the court itself is ...
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...