Page

STATUTE OF FRAUDS-(continued.)

acts done to the defendant's own prejudice not part

performance

nor payment of purchase-money, semble

auction duty

part performance as to one lot does not extend to
other lots sold under distinct particulars
where the agreement is in part performed, the court
will endeavour to ascertain the terms

resulting trusts are exempted out of the statute

109

ib. 114

See ADVANCEMENT. AGENT. AUCTION. Evi-

530

STILE NEW. See TIME.

appointed for life, is not affected by a sale of the manor

SURPRISE. See AGREEMENTS. EVIDENce.

SURRENDER,

purchaser not compellable to take a surrender of copy holds
by attorney

TENANT FOR LIFE,

may purchase the settled estates, although his consent is re-
quired to the sale, semble

See POWER.

TENANT IN TAIL. See AGREEMENTS. ASSIGNEES OF BANK-]

RUPTS.

TENDER,

conveyance must be tendered by the purchaser, where
TERMSOF YEARS,

223

352

512

215

purchaser buying a term of years may acquire the fee, how

252, n.

bequest of, revoked by the purchase of the fee
purchaser may require an assignment of what

158

355

cease by force of a proviso in the deed creating them, where 356

merge by an union with the fee, where

title to must be deduced at the expence of the vendor

361

366

TERMS

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TERMS OF YEARS-(continued.)

the expense of the assignment to attend must be borne by the
vendor or purchaser, where

366

367, 369

an assigument of may be dispensed with, where, and where

not

a man having an actual assignment may prevail over one
having all the deeds and a declaration of trust of the

368

a person having the deeds and a declaration of trust will pre-
vail over one having only a declaration of trust
purchaser may protect himself by a term assigned in trust
for him, against what

371, 379

should be assigned by a separate deed where they do not ap-

pear on the conveyance

what recitals are necessary in an assignment of

381

shall attend the inheritance without an express declaration,
where
attendant, are not forfeited by felony, but follow an escheat 385
are personal assets, where
trustees should be satisfied of what, before they sever the
term from the inheritance

387

an assignment of, carries notice of incumbrances on the in.
heritance, where

See WILL.

TESTIMONY,

TIMBER,

TIME,

whether a bill lies to perpetuate it against a purchaser, qu.

what is considered so

purchaser will be restrained from cutting, before he has paid
for the estate

sold with an option, personal estate after the seller's death
See INTEREST.

fixed for completing the contract is at law of the essence of
the contract

so in equity where either party has not shewn himself
ready to perform the agreement

and if the vendor take no steps although in time urged
to do so, equity will not relieve him

but a vendor will be relieved after the day appointed,

.

333

is more particularly attended to in sales of reversions
delays occasioned by defects in the title will not be a bar
to the aid of equity where the time is not material
so where no time is fixed, if no application has been
made for the title, a vendor may recover at law al
though he did not obtain a title till after an action
brought

but if a defective title be produced, a purchaser will
recover at law, although the vendor has a title at the
time of the trial

equity will allow a vendor time to procure a title where the
purchaser at the time of the contract was aware of the
objections

a dormant treaty will be enforced if the contract is not
abandoned

where by the death or bankruptcy of the purchacer the pur-
chase-money cannot be paid, the vendor may rescind the

contract

334

335

ib.

338

340

may be made of the essence of a contract, semble
the effect of delay where no time is appointed

must be reckoned according to the new-stile

TITLE,

where it should be inspected before sale

9

189

where it is doubtful, a purchaser should not take possession
purchaser may take the title such as it is

will be referred back to the master after a confirmation of
his report in favor of a title, if a new fact affecting the title
appear

197
will be referred to the master before the answer, &c. where 198
purchaser objecting to a title must prove it bad
. 207

a vendor bringing an action, must shew his title to the estate 210
court of law can enter into equitable objections, where, and

where not

212, 213

a purchaser of an existing lease is not bound to take a new
lease instead of the old one

254

a purchaser can require a title for 60 years

279

semble, that a purchaser of a lessee can require the produc-

tion of the lessor's title

280

TITLE-(continued.)

a lessee cannot as plaintiff require a specific performance,
without shewing a good title to the freehold

Page

284

a purchaser of a bishop's lease cannot call for the lessor's
title

285

a purchaser cannot be compelled to take a doubtful or an
equitable title

286

but he will be compelled to take an equitable title
where the sale was under a decree of a court of

equity

293

and cannot object to a title on account of a mere pro-

a purchaser is entitled to a fine from a vendor's wife in order
to bar her dower, where, and where not
a purchaser is entitled to the same title from assignees of
bankrupts as from vendors sui juris

301, 307

308

a purchaser will be compelled to take a title, although a will
is not proved against the heir at law
purchaser being defendant may have the title referred to
the master

ib.

196

where a purchaser takes a defective title relying on the

vendor's covenants, the agreement should be recited

393

will be held to have accepted the title, where

200

purchaser is entitled to what relief in case the vendor cannot

make a title

where he has purchased a defective title
where he has taken a defective conveyance

203

409, 417

625

person joining upon a purchase to obviate an objection to
the title, will not be bound unless the objection is fully
stated

but if a person join upon a general statement, he will
be bound

execution of, need not be proved in an action for breach of

contract

210

TITLE DEEDS-(continued.)

Page

must be produced in order that the abstract may be compared
with them

TREASON,

351

See ATTESTED COPIES.

persons who have committed, can purchase, but not hold
TROVER. See ABSTRACT.

501

TRUST. See RESULTING TRUST. STATUTE OF FRAUds.
TRUSTEES,

for payment of debts will not be restrained from selling
their receipts are discharges for purchase-money, where, and
where not

219

434

every trustee who has accepted the trust, must join in
the receipt although he has released

452

semble, that trustees for creditors cannot buy without
the consent of all the creditors

514

trustees for persons not sui juris cannot buy without
the sanction of a court of equity
purchase by a trustee, without the knowledge of his
cestui que trust, may be confirmed under particular
circumstances

516

510

a purchaser being a relation of the trustee is immate-
rial, unless fraud be proved
cestui que trust has what remedy against a trustee who
has sold to himself, and who may pursue the remedy 516
cestui que trust may bar his equity to set aside the

511

purchase by laches

520

or by confirmation

521

estates bought by a trustee with trust-money cannot be fol-
lowed, unless the trust appear on the deed, or the applica-
tion of the purchase-money is clearly proved

543

but where a trustee is bound to buy estates, it will be
presumed he acted in execution of the trust

may join with tenant in tail if of age in a recovery
are answerable to a purchaser for a false representation as

630

to incumbrances

9

TRUS-