A Digest of the Laws of England Respecting Real Property, Τόμος 2

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Περιεχόμενα

What kind of uncertainty renders a remainder
35
No precise time is fixed for Redemption
56
1 Where there is a Disability
62
JOINT TENANCY
64
CHAP IV
146
Sect Page 69 iv Where the Parties are Infants
181
Mortgage money is payable to the Executor
183
CHAP V
185
Legal Incumbrances preferred to Equitable ones
187
Where Possession of the Deeds gives a Priority
192
A defective Mortgage not preferred to a second effect ive one
196
But will be preferred to Bond Debts
197
Priority may be lost by Fraud
199
Of tacking subsequent to prior Incumbrances
200
A Judgment Creditor cannot tack
203
But a Mortgagee may tack a Judgment
205
Effect of obtaining a prior term for Years id
219
How far an Incumbrance will Protect
220
At what time a Prior Incumbrance may be got in
221
Of notice
229
Constructive notice
230
CHAP VI
232
A Foreclosure binds an Intail
233
How far Infants are bound by it
234
Married women are bound by it
235
TITLE XVI
236
An intervening Remainder may be contingent and a subsequent one vested
254
Two contingent Fees may be limited in the alter
255
But no Estate after a Remainder in Fee can be vested
258
Unless it be a contingent determinable Fee
259
A power of appointment does not suspend Remainders
260
Adverbs of time only denote the period when a Re mainder is to vest in Interest
265
A contingency sometimes considered as a condi tion subsequent
269
REMAINDER
271
Not repugnant to any rule of law
273
Nor contrariant in itself
274
It must not operate to abridge the particular estate
276
Conditional limitations
281
Estates may be enlarged on Condition
283
CHAP I
285
Unless the Remainder is for years
288
A right of entry to a Freehold is sufficient
289
But it must be a present right
291
Where the Legal Estate is in Trustees there needs no other preceding estate
293
ií Posthumous children take as if born id
301
Remainder
307

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Σελίδα 232 - The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent.
Σελίδα 97 - A mortgage is a charge upon the land; and whatever would give the money, will carry the estate in the land along with It, to every purpose. The estate in the land is the same thing as the money due upon it It will bo liable to debts; it will go to executors; It will pass by a will not made and executed with the solemnities required by the statute of frauds.
Σελίδα 254 - Where an absolute property is given, and a particular interest in the mean time, as until the devisee shall come of age, &c., and when he shall come of age, &c., then to him &c., the rule is, that that shall not operate as a condition precedent, but as a description of the time when the remainderman is to take in possession.
Σελίδα 43 - September be made and executed shall be adjudged fraudulent and void («) against any subsequent purchaser or mortgagee for valuable consideration, unless such memorial thereof be registered as by this Act is directed before the registering of the memorial of the deed or conveyance under which such subsequent purchaser or mortgagee shall claim...
Σελίδα 198 - It is as impossible to reduce men's minds to the same standard, as it is to bring their bodies to the same dimensions; but in the one case, as well as in the other, there is a general agreement and similarity, any wide departure from which is instantly perceived to be eccentric and extravagant. The question is, not...
Σελίδα 282 - Henry for life, remainder to his first and other sons in tail, remainder to his nephew Richard for life, &c.
Σελίδα 228 - ... covenanted to stand seised, to the use of himself for life, remainder to the use of his wife for life, remainder to the use of his daughter for life, remainder to her first and other sons in tail, reversion to his own right heirs.
Σελίδα 266 - Where a contingency is limited to depend on an estate of freehold which is capable of supporting a remainder, it shall never be construed to be an executory devise, but a contingent remainder only and not otherwise.
Σελίδα 324 - Thompson and his assigns for his life without impeachment of waste, remainder to the said trustees to preserve contingent remainders, remainder to the use of the first and other sons of...
Σελίδα 238 - In the nature of a precedent condition, which is to happen before such person can take. As, for Instance, If the limitation be to A for life, remainder to B, B has a capacity to take this at any moment when A may die.

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