A Treatise on Conveyancing with a View to Its Application to Practice ...W. Clarke, 1816 - Conveyancing |
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Page 2
... drawn , on a review and con- sideration ofthis subject . Gentlemen engaged in the other departments of the profession , ( a ) Hasket v . Strong , 2 Str . 689 . have some , though perhaps not equal occa- sion to 2 ON MERGER .
... drawn , on a review and con- sideration ofthis subject . Gentlemen engaged in the other departments of the profession , ( a ) Hasket v . Strong , 2 Str . 689 . have some , though perhaps not equal occa- sion to 2 ON MERGER .
Page 3
Richard Preston. have some , though perhaps not equal occa- sion to be intimately acquainted with this learning . ( b ) That an action of ejectment , or of waste , may or may not be maintained ; that an estate shall be considered as held ...
Richard Preston. have some , though perhaps not equal occa- sion to be intimately acquainted with this learning . ( b ) That an action of ejectment , or of waste , may or may not be maintained ; that an estate shall be considered as held ...
Page 13
... sion , or the right of action being in the person who has seisin of the freehold , there is no one , in one case , upon whom he can enter , or in the other case , against whom he can bring an action ; therefore the law places the party ...
... sion , or the right of action being in the person who has seisin of the freehold , there is no one , in one case , upon whom he can enter , or in the other case , against whom he can bring an action ; therefore the law places the party ...
Page 29
... sion of the legal estate in fee , to a tenan- cy in tail of the trust , the equitable intail will be merged in the legal estate ; and the remainders expectant on the estate - tail be defeated . And it has frequently been decid- ed ...
... sion of the legal estate in fee , to a tenan- cy in tail of the trust , the equitable intail will be merged in the legal estate ; and the remainders expectant on the estate - tail be defeated . And it has frequently been decid- ed ...
Page 35
... sion cannot pass without deed ; consequent- ly when a feoffment is made without an accompanying deed , a remainder or rever- sion cannot pass as a remainder or rever- sion ; D2 ON MERGER . 35.
... sion cannot pass without deed ; consequent- ly when a feoffment is made without an accompanying deed , a remainder or rever- sion cannot pass as a remainder or rever- sion ; D2 ON MERGER . 35.
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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...