A Compendium of the Law and Practice of Vendors and Purchasers of Real Estate

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Gould, Banks & Company, 1883 - Real property - 856 pages

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Contents

in which general rule does not apply or is relaxed c 19 to 22nature of risk
26
Whether by auction or private contract 31 32together or in parcels 32
32
General points relating to sales by fiduciary vendors p
38
AS TO THE RELATIVE DUTIES OF VENDORS AND PURCHASERS
39
Vendor need not point out patent defect 39but must not conceal it 40sale
41
Purchaser depreciating property cannot sue in equity 46whether liable to
47
Description of property 51what estate and advantages implied ib minerals
56
to 65deeds attested copies c 65 66title c 66 to 68
68
CHAPTER V
79
The deposit p
87
Statute of Frauds 91what sales not within ib parol agreement for lease c
95
What a sufficient agreement 97letters receipt for money entry of sale arbitra
99
The signature p
104
Illegal agreements p
111
Rights of vendor and purchaser inter se not affected by death bankruptcy c
117
126election ib devisees right to purchasemoney ib conveyance revoked
126
When perfect 131should state written consent of consenting parties 132
132
years ib or 100 years on sale of advowson 139must show creation
140
Ils examination and perusal p
147
159presumption of grant from Crown ib reconveyance ib copyhold sur
159
ib 174failure of issue ib against aged female having issue 175births
177
motam ib by party in like interest admissible 180recitals when evidence
197
Nonproduction of deedshow far important p
205
Is essential at Law 208not in Equity unless by agreement or under special
212
Effect of negotiations on condition as to objections 215solicitor purchasing
220
expenditure ib what allowance made when vendor sues in Equity 222
222
Liability of solicitor omitting to search for incumbrances c 229 230gene
242
mentary forms of 1845 ib incumbrances when to be got in by separate deed
248
As to the consideration words of conveyance and parcels p
254
Covenants for title 258solicitors liability respecting ibwhat entered into
266
CHAPTER XIV
342
Vendors lien 344 345general nature of and incidents to 345 346marshalling
348
Vendors right of preemption under Lands Clauses Consolidation Act 1845
358
Purchasers covenants classified 360whether first class run with the land 361
361
Are in general his only remedies for defects after conveyance 363covenants
366
Purchasers remedy in equity under special circumstances if title prove defective
378
Purchaser buying his own estate relieved 382whether so if he buy estate which
383
Purchaser with mere equitable title is postponed to prior equitable claimants p
389
As to priority under Registration Acts p
399
Notice of unregistered assurance or judgment must be actual 402to solicitor
412
Provision in Lands Clauses Consolidation Act 1845 for the purchase of omitted
430
As to purchases in the name of a nominal purchaser p
434
If consideration be paid by others than nominal purchasers there is a resulting
441
Vendor in default purchasers right of action 443 444agents may sue and
448
Parol evidence inadmissible to vary contract 451how far admissible to explain
450
Action when restrained in Equity p
451
Specific performance the only remedy in Equity 458 459Court of Bankruptcy
460
Parties to contract in general sole necessary parties to suit 465purchaser can
467
Suit may be commenced by bill or claim 470form of bill 471need not allege
472
Written agreement dispensed with 476on the ground of 1st fraud 477
477
As to grounds of defence negativing plaintiffs right to specific performance
484
1st Fraud or mistake affecting the terms of the agreement 4842ndly fraud
487
motion to be discharged 531purchasers general right to reference of title
536
Costs unsuccessful litigant generally pays 539cases where general rule is
546
Highest bidder not the purchaser until Masters report confirmed his rights
557
As to the investigation of the title payment and application of purchasemoney pos
559
Abstract and title 562costs of reference ib purchasemoney may under spe
567
Course to be adopted if purchaser refuse to complete 571if supposed to be irre
573
Mutual agreements when dependent 449 450refusal to convey no defence
594

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Page viii - They are not : there is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property ; or that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe.
Page 235 - ... or over which such person should, at the time of entering up such judgment or at any time afterwards have any disposing power, which he might, without the assent of any other person, exercise for his own benefit...
Page 188 - ... shall have been in such possession or receipt then such right shall be deemed to have first accrued at the time at which the person claiming as aforesaid or the person through whom he claims became entitled to such possession or receipt by virtue of such instrument.
Page 235 - ... as he would be entitled to in case the person against whom such judgment shall have been so entered up had power to charge the same hereditaments, and had by writing, under his hand, agreed to charge the same, with the amount of such judgment debt and interest thereon...
Page 188 - ... without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. ' Aqua currit et debet currere
Page 62 - ... where the misdescription, although not proceeding from fraud, is in a material and substantial point, so far affecting the subject-matter of the contract, that it may reasonably be supposed, that, but for such misdescription, the purchaser might never have entered into the contract at all, in such case the contract is avoided altogether, and the purchaser is not bound to resort to the clause of compensation.
Page 278 - Will or voluntary Settlement of any Person deceased who was during his Lifetime a Party to the Contract or Transactions concerning which such Decree is made, that such Interests of unborn Persons are the Interests of Persons who, upon coming into existence, would be Trustees within the Meaning of this Act...
Page xxvi - To sell lands for the benefit of creditors: 2. To sell, mortgage or lease lands, for the benefit of legatees, or for the purpose of satisfying any charge thereon : 3. To receive the rents and profits of lands, and apply them to the use of any person, during the life of such person, or for any shorter term, subject to the rules prescribed in the first Article of this Title: 4.
Page 189 - No entry, distress, or action, shall be made or brought by any person who, at the time at which his right to make an entry or distress, or to bring an action to recover any land or rent...
Page 238 - Courts of equity, and all rules of Courts of common law, and all orders of the Lord Chancellor or of the Court of review in matters of bankruptcy, and all orders of the Lord Chancellor in matters of lunacy, whereby any sum of money, or any costs, charges, or expenses, shall be payable to any person, shall have the effect of judgments in the superior Courts of common law, and the persons to whom any such monies, or costs, charges, or expenses, shall be payable, shall be deemed judgment creditors within...

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