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

Εξώφυλλο
Saunders and Benning, 1835
 

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Περιεχόμενα

Morgtages in Fee or for Years
16
What Conditions are void
18
Conditions against Law
19
Repugnant to the nature of the Estate
20
All Restraints on Redemption are void
21
How a Condition is to be performed 6 Who may perform it 10 At what Time 12 At what Place 15 Who are bound to perform it 18 Effect of its per...
23
336
26
Whether in such cases a Bond is good
29
Unless there is an Agreement for a Purchase
32
Who may enter
33
Conditions of nonalienation sometimes good
34
Grantees of Reversions 52 Effect of such Entry
35
Does not defeat Copyhold grants
36
How a Condition may be destroyed 64 Distinction between a Condition and a Limitation 1
37
But are construed strictly
38
Statute Merchant
40
Statute Staple 13 Recognizance
41
Do not extend to an Underlease
42
Unless there are Special Words
44
A Sale by Execution is not an Alienation
46
Unless there is Collusion
48
Execution upon a Judgment 51 Priority of the Crown in Executions
49
A Lease may determine by Bankruptcy
50
Conditions against Marriage
53
What may be extended
59
Are construed strictly
61
Terms for Years
63
CHAP II
64
Widows may be restrained from Marriage
66
Trust Estates
68
What is not liable to an Extent
71
These Estates are only Chattels
77
Must be executed by Entry
80
gagor
82
Remedies upon eviction
86
Must account for the Profits
87
An Assignee only entitled to what is really due 35 A Mortgage is Personal Estate 38 Unless the Intention be otherwise 41 But the Land must be Recon...
89
Sect Page 1 Nature of
92
How long they may endure
93
II Where an Account has been Settled
116
Where the Mortgage has been Acknowledged
117
Where no Time is appointed for Payment
118
Where the Mortgagor continues in Possession
121
Where there is Fraud in the Mortgagee
122
CHAP IV
123
Lands devised for Payment of Debts are applied
126
And also Lands descended
128
The Personal Estate may be Exempted
136
A specific Gift of a Chattel will Exonerate it
137
When the Personal Estate not liable
138
Where an Equity of Redemption is purchased
142
Unless the Purchaser makes the Debt his own
143
Redemption is not reserved to Her
148
derman
149
Contribution between Tenant for Life and Remain 56 Where Tenant for Life or in Tail pays off a Mortgage id
150
Interest upon Interest not allowed
152
Who are bound to pay Interest
154
Mortgage Money is payable to the Executor
155
CHAP V
157
Legal Incumbrances preferred to Equitable ones
159
How far an Incumbrance will Protect
187
At what time a Prior Incumbrance may be got in
188
Of notice
194
Constructive notice
195
Sect
197
TITLE XVI
201
Limitation to A for ninety years if he shall
208
An intervening Remainder may be contingent and
216
Adverbs of time only denote the period when a
225
Sect Page 9 Not repugnant to any Rule of Law
230
Nor contrariant in itself id
232
It must not operate to abridge the particular Estate
234
Conditional Limitations
238
Estates may be enlarged on condition
239
CHAP III
241
Description
244
Both Estates must be created by the same Instru ment
246
Where the Legal Estate is in Trustees there needs no other preceding estate
247
CHAP IV
249
A Contingent Remainder must vest during the 7 Or the instant it determines
250
Posthumous Children take as if born
251
A vested Remainder may take Effect though the preceding Estate be defeated
255
A Remainder may take effect in some though not in
256
CHAP V
258
Remainders by way of Use
261
Will Devest in favour of Persons becoming entitled
262
Contingent Uses id
263
Shifting Uses
264
Shifting Clauses in Settlements
266
Out of what Seisin they arise
267
And also an Alteration in its Quantity
269
Where Created without Transmutation of Possession id
276
Observations on the Doctrine of the Scintilla Juris
282
Arises from the Construction of Law 13 Is a vested Interest 16 But may be Devested 18 Incidents to a Reversion 21 After Estates for Years are prese...
334
id
339
JOINT TENANCY CHAP I
363
id
366
id
375
Sect Page 2 Destruction of the Unity of Interest
378
Of the Unity of Title
379
By Alienation to a Stranger
380
Exception Devise
382
By an Agreement to Alien id
384
By Writ of Partition id
388
By an Agreement to make Partition
389
By Devolving to one Person
390
TITLE XIX
391
By Writ of Partition
395
What may be Divided by it
396
By Partition in Chancery
397
Incidents after Partition id
398
TITLE XX
399
Incidents to this Estate
400
The Possession of one is that of the other
402
Subject to Curtesy
408
And to Dower
409
Destroyed by Voluntary Partition
410
By Partition in Chancery
411
By Partition under an Inclosure Act
413
By Uniting all the Titles
414

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Σελίδα 151 - ... or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit but within six years next after the same respectively shall have become due, or next after an acknowledgment of the same in writing shall have been given to the person entitled thereto, or his agent, signed by the person by whom the same was payable, or his agent...
Σελίδα 151 - December, one thousand eight hundred and thirty-three, no arrears of rent or of interest in respect of any sum of money charged upon or payable out of any land or rent, or in respect of any legacy, or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit, but within six years next after the same respectively shall have become due...
Σελίδα 206 - ... 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 55 - June, no Writ of Fieri facias, or other Writ of Execution, shall bind the Property of the Goods against whom such Writ of Execution is sued forth, but from the Time that such Writ shall be delivered to the Sheriff...
Σελίδα 209 - 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 48 - 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 181 - 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 113 - That when a mortgagee shall have obtained the possession or receipt of the profits of any land, or the receipt of any rent, comprised in his mortgage, the mortgagor, or any person claiming through him, shall not bring a suit to redeem the mortgage but within twenty years next after the time at which the mortgagee obtained such possession or receipt...
Σελίδα 113 - ... but where there shall be more than one mortgagee or more than one person claiming the estate or interest of the mortgagee or mortgagees, such acknowledgment signed by one or more of such mortgagees or persons, shall be effectual only as...
Σελίδα 204 - Langston, for and during the term of his natural life, without impeachment of waste ; — and from and after the determination of that estate by...

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