A Treatise on Deeds |
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Page 87
... heirs male of their several bodies ; with divers remainders over . Held , the first son of the husband by the wife born during his life took an estate tail Galley v . Barrington ( 1824 ) , 2 Bing . 387 . In a marriage settlement lands ...
... heirs male of their several bodies ; with divers remainders over . Held , the first son of the husband by the wife born during his life took an estate tail Galley v . Barrington ( 1824 ) , 2 Bing . 387 . In a marriage settlement lands ...
Page 90
... heirs and assigns , and in case A. should die leaving one or more son or sons on the body of his intended wife to be begotten , the elder of such sons and the heirs male of his body being always preferred to take place before the ...
... heirs and assigns , and in case A. should die leaving one or more son or sons on the body of his intended wife to be begotten , the elder of such sons and the heirs male of his body being always preferred to take place before the ...
Page 292
... male in the premises , habendum to him and the heirs male of his body , this is only an estate tail , notwithstanding the premises were a fee simple : " Throgmorton ... heirs , habendum to him HEIRS EXPLAINED AS HEIRS OF BODY . and his heirs.
... male in the premises , habendum to him and the heirs male of his body , this is only an estate tail , notwithstanding the premises were a fee simple : " Throgmorton ... heirs , habendum to him HEIRS EXPLAINED AS HEIRS OF BODY . and his heirs.
Page 294
... heirs male of her body . Held , that the settlement operated as a grant by A. of the reversion , and that D.'s estate was a quasi - tail therein Lynch v . Nelson ( 1870 ) , Ir . R. 5 Eq . 192 . Even if the habendum is void , it may be ...
... heirs male of her body . Held , that the settlement operated as a grant by A. of the reversion , and that D.'s estate was a quasi - tail therein Lynch v . Nelson ( 1870 ) , Ir . R. 5 Eq . 192 . Even if the habendum is void , it may be ...
Page 295
... heirs of his body , and by another indenture other freeholds to B. and his heirs , habendum after the death of A. to B. and the heirs male ... heirs , the indenture shall enure upon the premises and shall pass the estate to the vendee ...
... heirs of his body , and by another indenture other freeholds to B. and his heirs , habendum after the death of A. to B. and the heirs male ... heirs , the indenture shall enure upon the premises and shall pass the estate to the vendee ...
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Common terms and phrases
admissible agreement alteration ambiguity Anon applies appointment appurtenant Beav begotten body child cited clause common law construction construed contract conveyance conveyed corporation Court covenant coverture daughters death deed deed poll default delivery demise easements eldest Eliz entitled estate pur autre estate tail estoppel evidence executed executors expressed fee simple fee tail feoffee feoffment freehold gift grant grantor habendum heirs and assigns heirs male Held hereditaments instrument intention interest issue joint tenants L. J. Ch land lease lessee Litt Lord marriage marriage settlement meaning ment messuage Moore mortgage parties pass patent ambiguity person personalty plaintiff premises provision pur autre vie purchase Raym recital rent rule S. C. sub nom seal seised seisin settlor share Shep Statute take effect tenants in common tenement term tion trust usage vested Vict void word heirs
Popular passages
Page 535 - Where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant; and an action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration.
Page 131 - It has long been settled, that, in commercial transactions, extrinsic evidence of custom and usage is admissible to annex incidents to written contracts, in matters with respect to which they are silent. The same rule has also been applied to contracts in other transactions of life, in which known usages have been established and prevailed ; and this has been done upon...
Page 54 - The cases I think go further to this extent, that if the settlement is intended to be effectuated by one of the modes to which I have referred, the court will not give effect to it by applying another of those modes.
Page 57 - ... as by the known usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words...
Page 558 - Brook and his heirs and against all and every other person or persons whatsoever lawfully claiming or to claim by, from or under him, them or any of them Shall and Will Warrant and forever Defend by these presents.
Page 73 - Where there is nothing in the context of a will from which it is apparent that a testator has used the words in which he has expressed himself in any other than their strict and primary sense...
Page 74 - ... to be interested under the will, and to the property which is claimed as the subject of disposition, and to the circumstances of the testator and of his family and affairs; for the purpose of enabling the court to identify the person or thing intended by the testator...
Page 535 - The distinction is very clear : where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other ; but where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 98 - Ambiguitas patens is never holpen by averment, and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in law...
Page 125 - ... after the agreement has been reduced into writing, it is competent to the parties, at any time before breach of it, by a new contract not in writing, either altogether to waive, dissolve, or annul the former agreement, or in any manner to add to, or subtract from, or vary, or qualify the terms of it, and thus to make a new contract, which is to be proved partly by the written agreement, and partly by the subsequent verbal terms engrafted upon what will be thus left of the written agreement.