Page images
PDF
EPUB

CONTENTS,

[merged small][ocr errors]

ing to act as trustee, ib.

AS TO THE PARTICULARS AND CONDITIONS OF SALE.

1. General matters relating thereto and their construction, p. 48.

Construed strictly against vendor, but not so as to contravene law or custom, 48-

purchaser when bound by catching conditions, 49-particulars, &c., cannot be

contradicted, &c., by parol, except on behalf of defendant in equity, 50—altera-

tion of printed particulars, ib.-sale without reserve, 51.

2. As to the preparation and contents of particulars, p. 51.

Description of property, 51-what estate and advantages implied, ib.-minerals,

when not included, 52-permanent charges, &c., to be stated, ib.-unless pur-

chaser has notice, 53—but there must be no misrepresentation, &c., ib., 54-re-

moval of buildings when to be stated, ib.-reference to plan, 55—showing in-

tended improvements, ib.--adjoining land described as building land, ib.-mean-

ing of particular descriptive expressions, 56.

3. As to the conditions, p. 57.

Against retracting biddings, 57-for reserved biddings, ib.-as to the deposit, ib. -

abstract, 57, 58--time for completion, and interest, 58 to 60—conveyance, 60–

apportionment of rent, ib.-crops, fixtures, and timber, 61-mis-descriptions and

compensation, 62 to 65—-deeds, attested copies, &c., 65, 66-title, &c., 66 to 68—

identity, 69-expenses, 70-indemnity, ib.-time for objections, 70 to 72—resale

and forfeiture of deposit, 73--facts stated in, must be proved, ib.

4. What special conditions are generally requisite in various specified cases, p. 74.

On sale of inclosed lands, 74–lands formerly waste, ib.-enfranchised copyholds,

ib.--copy holds late waste, 75-leaseholds, ib.-renewable leaseholds, 76--rever-

sions, ib.

with alleged parol agreement, ib.-names of parties, ib.-offer by letter, 101–
description of property, ib.-terms must be fixed, ib.-either by signed document
or documents there referred to, 102—what reference sufficient, 102, 103—cor-
respondence, when an agreement, 104-conditional acceptance, ib.-withdrawal
and acceptance of offer, 104, 105-agreement sent as instructions, 105.

4. The signature, p. 105.
Of party charged sufficient, 105—other party must elect, ib.—what sufficient, 106–

by agent, ib.-place for, ib.-signature as witness, 107-approval of draft agree-
ment, &c., ib.-signature by public companies, 108_unauthorized alteration of
agreement after signature, ib.

5. The stamps, p. 109.
What necessary on agreement, 109-several, when requisite, 110-loss of un-

stamped agreement, ib.-document purporting to be, when chargeable as con-
veyance, 111-agreement in evasion of stamp laws, ib.

6. Illegal agreements, p. 111.
Agreement for illegal purpose, void, 111-champerty and maintenance, 111, 112–

splitting votes for elections, 113.

CHAPTER VII.
EFFECT OF THE CONTRACT ON RIGHTS OF THE PARTIES.

1. Purchaser entitled to estate and vendor to purchase-money, p. 114.
Estate bound though vendor a trustee, &c., 114.

2. Purchaser's general rights under contract as against vendor, p. 115.
General nature of his interest, 115—it may be aliened, ib.crops, windfalls, tim-

ber, &c., 115, 116–contract voidable, if property altered, ib.--he takes accident-
al benefits, and bears losses, ib.-in what cases, 116, 117-compulsory power of
purchase not exhausted by contract, 118.

3. Vendor's general rights under contract against purchaser, p. 118.
Vendor has a lien on estate, 118—may restrain fall of timber, when, ib.-judg-

ment against, charges purchase-money, 119-he may keep estate and deposit,
when, ib.-rights of, as landlord, how affected, ib.--cannot sue purchaser for

use and occupation, when, ib.
4. Rights of vendor and purchaser, inter se, not affected by death, bankruptcy, foc.,

of either party, p. 120.
5. Death of vendor before completion, its effect on relative rights of his real and per-

sonal representatives, under old and under new Law, p. 121.
Purchase-moneys go to personal, and interim rents and legal estate to real repre-

sentatives, 121-conveyance of, how obtainable, ib.--contract under old law
revoked prior devise in Equity, ib. 122—notice by company, whether a con-
tract, ib.-relative rights of representatives depended on his liability to per-
form contract, 122, 123-subsequent events immaterial, if contract binding, ib. -
rescinding of, or abandonment of contract, its effect, ib.estate contracted for,

how affected by devise, 124-effect of 1 Vict. c. 26, ib.
6. Death of purchaser before completion : its effect on relative rights of his real and

personal representatives under old and under new Law, p. 125.
Such rights depended on his liability to perform contract, 125—if not so liable,
heir had no claim on personal estate, ib.-relative rights of heir and devisee,
126-election, ib.-devisee's right to purchase-money, ib.-conveyance revoked
will, when, 127-devise of land contracted for, &c., ib.-rights of heir and de-
visee since 1 Vict. c. 26, ib.-purchase of fee by termor, 128.

7. Effect of contract in various special cases, p. 128.
Mortgagee selling, may sue for mortgage debt, 128—liability of equitable pur-

ehaser of lease, 129-of lessor agreeing to buy underlease, ib.—of assignees,
selling lease, ib.-agreement, excluded dower of after-taken wife, ib.

CHAPTER VIII.

AS TO THE ABSTRACT.

1. General matters relating to the abstract, p. 130.
Purchaser's right to, and to retain, 130—-must be given up, if contract abandoned,
ib.-vendor pays for, ib.-except on sales to railway companies, &c. ib.

2. When it is perfect ;-what it must contain and show, p. 131.
When perfect, 131—should state written consent of consenting parties, 132--
must show where legal estate is vested, ib._showing future title, insufficient
at Law, ib.-incumbrances, whether a defect in Equity, 133—title good,
though conveyance delayed, ib.-showing tenancy in tail, whether sufficient,

3. What should be furnished in various cases, p. 134.
On purchase by tenant in common, &c., 134-of allotment, ib.-land taken in ex-

change, 135—from the Church, or under Inclosure Acts, ib.-or from a charity,
136—estate, with attendant terms, ib.-enfranchised copy holds, 137-leaseholds
ib.-renewable, or for lives, 138-shares in mines, ib.-or pews, ib.-must go
back 60 years, ib.-or 100 years on sale of advowson, 139-must show creation
of reversionary interest, ib.-except on sale of old term, ib.-rule the same,
though estate be equitable, 140.

4. Ils preparation, contents, and delivery, p. 140.
It should commence with a document, 140—of what kind, 140 to 142–exception,

142—should be continued regularly from commencement, ib. all documents
affecting legal estate should be abstracted, 143-in chief, ib.-statements of
pedigree, ib.-documents evidencing immaterial or satisfied equities, 143 to
145-loss of deeds, 145—should notice judgments, &c., ib.--and be accompanied
by what documents, &c., ib.-should be copied legibly, &c., 146-non-delivery
of, ib.

5. Its examination and perusal, p. 147.
When to be compared with deeds, 147-consulting counsel, ib.-its perusal, 148

-acceptance of title shown by, 149-defects in title, when not to be communi-
cated, ib.

6. Verification of the abstract, p. 149.
What evidence requisite in proof of documents and facts, 149—of private Acts,

ib.-inclosure awards, ib.-copyhold assurances, ib.-deeds, 151-recitals of,
when evidence, 153, 154—proof of Fines and Recoveries, 154, 155—of grant
from Crown, ib.-proceedings at Law and in Equity, ib.-Bankruptcy and In-
solvency, 156-ander 1 & 2 Vict. c. 91, ib.--proof of will, 156 to 158—negative

« PreviousContinue »