Elements of Conveyancing: With Cursory Remarks Upon the Study of that Science, Including a List of Books, for the Use of Students and Practitioners, and Also Observations and Directions Relative to the Practice of Conveyancing, Particularly with Respect to the Perusal of Abstracts of Title, and Preparing of Deeds and Assurances, of Real and Personal Property, Volume 3W. Clarke, 1821 - Conveyancing |
From inside the book
Results 1-5 of 90
Page 48
... purchaser and his heirs , and the purchaser commit a forfeiture , and the lord seise and re - grant , this is held to be a good custom to bar the estate - tail of a copyhold , though the tenant in tail be not privy to it . This mode of ...
... purchaser and his heirs , and the purchaser commit a forfeiture , and the lord seise and re - grant , this is held to be a good custom to bar the estate - tail of a copyhold , though the tenant in tail be not privy to it . This mode of ...
Page 63
... purchaser of a copyhold is not obliged to accept of a sur- render by attorney , but may insist on the vendor's sur ... purchaser's only remedy be by suit in equity , all which general customs are acknowledged by the common law , and ...
... purchaser of a copyhold is not obliged to accept of a sur- render by attorney , but may insist on the vendor's sur ... purchaser's only remedy be by suit in equity , all which general customs are acknowledged by the common law , and ...
Page 76
... purchaser , or other cestui que use of a copyhold , cannot surrender to another till his own admittance , because till then he has a mere equitable interest , as the legal estate continues in the surrenderor , who remains tenant to the ...
... purchaser , or other cestui que use of a copyhold , cannot surrender to another till his own admittance , because till then he has a mere equitable interest , as the legal estate continues in the surrenderor , who remains tenant to the ...
Page 84
... purchaser in any case obliged to accept of such surrender , unless under peculiar circumstances , rendering a personal surrender impos- sible ' . may And wherever a surrender by an attorney is good , it be made in the same manner as it ...
... purchaser in any case obliged to accept of such surrender , unless under peculiar circumstances , rendering a personal surrender impos- sible ' . may And wherever a surrender by an attorney is good , it be made in the same manner as it ...
Page 103
... purchasers for a valuable consideration ; creditors ; a wife ; and children : any of whom it would be unjust should be defeated of their rights and just expec- tancies on account of a mere defect in form . As questions upon this branch ...
... purchasers for a valuable consideration ; creditors ; a wife ; and children : any of whom it would be unjust should be defeated of their rights and just expec- tancies on account of a mere defect in form . As questions upon this branch ...
Other editions - View all
Common terms and phrases
admitted afterwards alienation ancient demesne assignment Blac bond Borough-English cestui que trust Chan common law condition conveyance coparcenary coparceners Copyh copyhold COPYHOLD ESTATE courts of equity covenant creditors custom daughters death debts decree deed descend devise dower Eliz entitled equity of redemption executed executors fee-simple feme covert feoffee feoffment foreclosure forfeiture freebench freehold gage gavelkind Gilb grant grantor hath heir at law held heriot holden husband Ibid incumbrances infant inheritance intent interest joint joint-tenants lease legacy legal estate Leon limited lord manor moiety mort mortgage mortgagor notice paid particular estate parties payment personal estate possession Prec profits purchaser reason redeem remainder rent respect reversion rule Salk seised seisin statute surrender survivor survivorship tenant in tail tenants in common tenements tenure term Vern vested void Watk wife words
Popular passages
Page 494 - Contingent or executory remainders (whereby no present interest passes) are where the estate in remainder is limited to take effect, either to a dubious and uncertain person, or upon a dubious and uncertain event; so that the particular estate may chance to be determined, and the remainder never take effect.
Page 561 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...
Page 516 - ... 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 419 - They have not, one of them, a seisin of one half or moiety, and the other of the other moiety; neither can one be exclusively seised of one acre, and his companion of another; but each has an undivided moiety of the whole, and not the whole of an undivided moiety (j).
Page 505 - An estate in reversion is the residue of an estate left in the grantor, to commence in possession after the determination of some particular estate granted out by him.
Page 8 - Temple speaks (/), a sort of people in a condition of downright servitude, used and employed in the most servile works, and belonging, both they, their children and effects, to the lord of the soil, like the rest of the cattle or stock upon it.
Page 530 - June (1677) all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 254 - Precedent are such as must happen or be performed before the estate can vest or be enlarged: subsequent are such, by the failure or non-performance of which an estate already vested may be defeated.
Page 507 - 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, the less is immediately annihilated ; or, in the law phrase, is said to be merged, that is, sunk or drowned in the greater.
Page 449 - This is the natural and regular consequence of the union and entirety of their interest. The interest of two joint-tenants is not only equal or similar, but also is one and the same. One has not originally a distinct moiety from the other; but, if by any subsequent act (as by alienation or forfeiture of either) the interest becomes separate and distinct: the joint-tenancy instantly ceases.