A Treatise on Conveyancing with a View to Its Application to Practice ...W. Clarke, 1816 - Conveyancing |
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Page x
... estate ........ The accession of a third or intermediate estate may be the cause of merger , as between two or more ... remote estate must be without any in- tervening vested estate , and also without any intervening contingent remainder ...
... estate ........ The accession of a third or intermediate estate may be the cause of merger , as between two or more ... remote estate must be without any in- tervening vested estate , and also without any intervening contingent remainder ...
Page xi
... estate , if in the tenancy of a distinct person , might have been surrendered to the tenant of the other estate ... remote estate must be as large as or larger than the more immediate estate ...... 106 Of the gradation of estates Of the ...
... estate , if in the tenancy of a distinct person , might have been surrendered to the tenant of the other estate ... remote estate must be as large as or larger than the more immediate estate ...... 106 Of the gradation of estates Of the ...
Page xxvii
... estate Joint act 162 , 207 , 209 Intermediate 107 , 115 , 119 , 127 , 141 , 143 , 147 Joint - tenancy 51 , 62 , 63 ... Remote estate 50 , 107 , 106 Renewal 545 85 , 111 , 113 , 127 , 141 , 149 , 147 , 228 , 23 , 555 , 561 Mortgagee 457 ...
... estate Joint act 162 , 207 , 209 Intermediate 107 , 115 , 119 , 127 , 141 , 143 , 147 Joint - tenancy 51 , 62 , 63 ... Remote estate 50 , 107 , 106 Renewal 545 85 , 111 , 113 , 127 , 141 , 149 , 147 , 228 , 23 , 555 , 561 Mortgagee 457 ...
Page 7
... estate in another by the union of these two estates . To consolidate two estates , and confound them into one estate , is its effect . The estate thus blended , will give the precise time of enjoyment , originally limited by the more remote ...
... estate in another by the union of these two estates . To consolidate two estates , and confound them into one estate , is its effect . The estate thus blended , will give the precise time of enjoyment , originally limited by the more remote ...
Page 8
... remote estate , the prior estate is not affected by the doctrine of merger . For extinguishment , in other words merger , is the effect , while union is the cause . In Smith and Lord Camelford , ( d ) the late chancellor gave a very ...
... remote estate , the prior estate is not affected by the doctrine of merger . For extinguishment , in other words merger , is the effect , while union is the cause . In Smith and Lord Camelford , ( d ) the late chancellor gave a very ...
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Other editions - View all
A Treatise on Conveyancing, Vol. 3: With a View to Its Application to ... Richard Preston No preview available - 2018 |
A Treatise on Conveyancing with a View to Its Application to Practice Richard Preston, Jr. No preview available - 2015 |
Common terms and phrases
act of law afterwards annihilated application arising assigned attornment Bredon's circumstances co-parceners common recovery consequence contingent remainder continue convey conveyance copyhold court court of equity covenant curtesy death deed descent determined distinct estates doctrine of merger dower drown equity estate of freehold estate-tail executors extinguished fee-simple feme feme covert feoffee feoffment give grant ground hath heirs held immediate inheritance Inst instances intail intention interesse termini interest intitled joint-tenants land law of merger lease legal estate lessee lessor limitation lives Lord Coke mainder ment merge mesne estate moiety observations operation opinion owner ownership particular estate parties person plaintiff possibility of issue purchase reason remainder in fee remainder in tail remainder or reversion remote estate rent reversion in fee reversion or remainder reversioner rule in Shelley's seignory seised seisin shew sion statute stranger surrender tenant in tail tenure term termor tion Treport's trust Whitchurch Wiscot's
Popular passages
Page 45 - ... from the day next before the day of the date of the same indenture of bargain and sale, and by force of the statute made for transferring uses into possession), ALL THAT [parcels, general words : All the estate clause].
Page 360 - ... of and in such like estates as they had or shall have in use trust or confidence of or in the same.
Page 6 - BEFORE we conclude the doctrine of remainders and reversions, it may be proper to observe, that whenever a greater estate and a less coincide and meet in one and the same person, without any intermediate estate y, the less is immediately annihilated; or, in the law phrase, is said to be merged, that is, sunk or drowned in the greater.
Page 269 - But they must come to one and the same person in one and the same right ; else, if the freehold be in his own right, and he has a term in right of another (en outer droit) there is no merger.
Page 360 - ... where any person or persons stand, or be seised, or at any time hereafter shall happen to be seised of and in any honours, castles, manors, lands, tenements, rents, services, reversions, remainders, or other hereditaments, to the use, confidence, or trust of any other person or persons, or of any body...
Page 142 - B. and the heirs male of his body, remainder to the heirs of the body of T.
Page 7 - The estate in which the merger takes place is not enlarged by the accession of the preceding estate, and the greater or only subsisting estate continues after the merger precisely of the same quantity and extent of ownership as it was before the accession of the estate which is merged, and the lesser estate is extinguished,
Page 11 - Suspence comtneth of mapendeo, (4 Rep. 52.) and in legall understanding is taken when a seigniorie, rent, ( . ' ' profit apprender, &c. by reason of unitie of possession of the seigniorie, rent, &c. and of the land out of which they issue, are not in esse for a time, et tune dormiunt, but may be revived or awaked. And they are said to be extinguished when they are gone for ever, et tune moriuntur, and can never be revived; that is, when one man hath as high and perdurable an estate in the one as...
Page 136 - ... in case any lease shall be duly surrendered in order to be renewed, and a new lease made and executed by the chief landlord or landlords, the same new lease shall, without a surrender of all or any...
Page 361 - ... hereditaments, in like nature, manner, form, condition and course, as he or they had before in the use, confidence or trust of the same lands, tenements or hereditaments...