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viii
CHAP. III.
OF PAROL AGREEMENTS AND PAROL EVIDENCE.
Page SECT. 1. Of the Interests which are within the Statute 62
SECT. 2. Of the Form and Signature of the Agreement 71
I. What is a sufficient Agreement
II. What is a sufficient Signature by the
Party or his Agent
III. Who is an Agent lawfully au-
thorised
ib.
83
87
SECT. 3. Of Parol Agreements not within the Statute 91
I. Sales by Auction before a Master
II. Agreements admitted by Answer 93
III. Part Performance, &e.
97
SECT. 4. Of the Admissibility of Parol Evidence to
vary or annul written Instruments. 115
I. Where there is not any Ambiguity
II. Where there is an Ambiguity
184
140
III. Where a Term is omitted or varied by
Mistake or Fraud
CHAP. IV.
OF THE CONSEQUENCES OF THE CONTRACT.
SECT. 1. Of the Rule in Equity, that the Purchaser
is entitled to the Estate from the Time
of the Contract
SECT. 2. Of Specific Performance
I. With respect to the Vendor
11. With respect to the Agreement itself
SECT. 3. Of the Remedics for a Breach of Contract 195
СНАР.
SECT. 2. Of the Failure of the Consideration before
the Conveyance
I. Of Loss by Fire, &c.
II. Of the Death of the Person, for an An-
nuity upon whose Life the Estate was
227
229
235
sold
238
CHAP. VI.
OF THE PARTIAL EXECUTION OF A CONTRACT WHERE
A VENDOR HAS NOT THE INTEREST WHICH HE PRE-
TENDED TO SELL; AND OF DEFECTS IN THE QUANTITY
AND QUALITY OF THE ESTATE.
SECT. 1. Where the Vendor has not the Interest
which he sold
I. In what Cases the Vendor may enforce a part Performance
II. In what Cases the Purchaser may en-
force it
243
255
261
SECT. 2. Of Defects in the Quality of the Estate
SECT. 3. Of Defects in the Quantity of the Estate 271
CHAP.
CHAP. VII.
OF THE TITLE WHICH A PURCHASER MAY REQUIRE.
I. Of the Root of the Title
Page
279
II. Of the Production of the Lessor's Title 280
III. Of equitable and doubtful Titles; of
Fines to bar Dower; and of equitable
Jointures
286
IV. Of equitable Recoveries where the Te-
nant to the Precipe has the legal Estate 309
V. Of a Title under the Statutes of Limi-
tations
314
CHAP. VIII.
OF THE TIME ALLOWED TO COMPLETE THE CONTRACT.
SECT. 1. Of Delays occasioned by the Neglect of
either Party
SECT. 2. Of Delays occasioned by the State of the
Title
328
334
CHAP. IX.
OF THE ABSTRACT AND CONVEYANCE; THE ASSIGN
"MENTS OF TERMS; ATTESTED COPIES AND COVENANTS
FOR TITLE TO WHICH A PURCHASER IS ENTITLED;
OF SEARCHING FOR INCUMBRANCES; AND OF RELIEF
IN RESPECT OF INCUMBRANCES.
SECT. 1. Of the Abstract and Conveyance
SECT. 2. Of Assignments of Terms
349
355
I. What
I. What Terms may be used upon an
Ejectment
II. Of the Merger of Terms
III. At whose Expense to be assigned, and
where Assignments may be dispensed
with
IV. Of the Protection afforded by a Term
assigned to attend
361
366
371
V. Where Terms attend the Inheritance by
Implication
381
VI. Of the Nature of a Term assigned to
paid
I. For Judgments
II. For registered Instruments and An-
SECT. 6. Of Relief from Incumbrances
1. Where the Purchase-money has not been
II. Where it has been paid
405
409
410
CHAP. XI.
OF THE OBLIGATION OF A PURCHASER TO SEE TO THE
APPLICATION OF THE PURCHASE-MONEY.
SECT. 1. Of this Liability with Reference to real
Estate
SECT. 2. Of this Liability with Reference to Lease-
hold Estates
436
453
OF THE VENDOR'S LIEN ON THE ESTATE SOLD FOR THE
PURCHASE-MONEY, IF NOT PAID.
I. In what Cases raised
II. Whether it extends to third Persons
III. Against whom it will be enforced
459
467
473
CHAP. XIII.
OF THE CONSTRUCTION OF COVENANTS FOR TITLE,
SECT. 1. Where they run with the Land
SECT. 2. Of their general Construction
477
481
I. To what and against whose Acts general
and limited Covenants extend
482
II. In what Cases restrictive Words ex-
tend to all the Covenants in the Deed 488
III. To what Remedy the Purchaser is
entitled in case of a Breach
497