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Fage

ANNUITY-(continued.)

estate sold for a life annuity must be conveyed to the pur-
chaser, although the annuitant dies before the conveyance,
where

act considered

238

App. 12

442

lands charged with annuities continue liable in the hands of
a purchaser

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a mere attempt to sell a lease by auction, will not make
them chargeable as assignees

40

their acceptance of a lease relieves the bankrupt
buying in an estate without authority are personally bound 60
must make the same title as vendors sui juris

41

308

must make good a covenant for further assurance, although
the bankrupt was tenant in tail, and did not suffer a
recovery

cannot purchase the bankrupt's estate

498

504

and such a purchase is a sufficient cause of removal 505, B.
assignee permitting his co-assignee to buy the estate, is

a sufficient cause of removal

See AUCTION. LIEN. TIME. TITLE.
ASSIGNMENTS OF TERMS. See TERMS OF YEARS.

ATTESTED COPIES,

ib.

the expense of them should be provided for on sales . 30
should be taken of the parcels, where the estate is sold in

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what attested copies must be furnished to the purchaser by

42

the vendor


389

semble, that an agreement to produce the title-deeds will

not bar the purchaser of his claim to attested copies
vendor must, at his own expense, furnish the purchaser with
a covenant to produce the deeds

390

ib.

and a purchaser is entitled to see the deeds

351, 390

AT-

Page

ATTESTED COPIES-(continued.)

purchaser obtaining possession of the deeds, may retain

them, where

purchaser will be obliged to take copies if the deeds are
lost, where

ATTORNEY,

if an attorney sell an incumbered estate without disclosing
the incumbrance, he is responsible to the purchaser
the vendor's attorney should not be employed by the pur-
chaser

should attend to what, in examining abstracts
bidding beyond his authority will himself be liable
but not unless he be limited as to price

has what remedy where the principal denies the authority
buying in an estate without authority is personally bound
cannot buy from his client whilst the relation subsists

391

ib.

6

ib.

8, n.

36

ib,

ib.

59

507

but he is not incapable of contracting with his client 515, 516
how he should execute an agreement for sale of the princi-
pal's estate

is answerable to his client in case of neglect

42

408

purchaser not bound to take a conveyance executed by at-

torney

352

vendor, not compellable to execute by attorney

353

to a commission of bankruptcy, cannot purchase the bank-
rupt's estate

504

SEE AGENT, EVIDENCE.

AUCTIONEER,

ought not to prepare particulars of sale

10

may deduct auction duty out of money received, or, other-

wise, recover it by action

14

must pay the duty himself if he undertake to give proper no-

tices, &c. and neglect it

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16

may demand payment of the duty from the purchaser, where

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an action will lie against him for recovery of the deposit
so, for damages on breach of contract, unless he disclose
the name of his principal

ib:

38

AUC

Page

AUCTIONEER-(continued.)

is not entitled to compensation for his services, if he omit
usual clauses in the conditions of sale, whereby the sale is
defeated

is an agent for the vendor and purchaser within the statute
of frauds

although the purchaser bid by an agent

cannot buy the estate himself

38

89

90

501

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of sevenpence in the pound is payable in respect of monies

produced by sale of estates by auction

not payable in respect of what estates

not payable if estate be bought in, by, or by the order of the
vendor

or by, or by the order of his agent

but proper notices must be given

12

12, 13, 14

14

ib.

ib.

15

payable although the sale is not by regular auction

whenever the highest bidder is to be the purchaser ib. 16

will be allowed, if the vendor's title prove bad

18

and the purchaser can recover the duty he has paid from the
vendor, if the title be bad

35

vendor may stipulate that the duty shall be paid by the pur-

chaser

35

payment of duty, not a part performance of a parol agree-

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estates advertised to be sold by auction, should not be sold
by private contract, without sufficient notice can be given
to the public

putting up an estate by auction, will not charge assignees of

a bankrupt as owners of it

sales of estates by auction are within the statute of frauds

contra of goods, semble

See ASSIGNEES OF BANKRUPTS. CONDITIONS

OF SALE.

DEPOSIT.

35

41

92

ib.

BANK

BANKRUPT,

purchase by, in the name of a wife or child, is within the

Page

statute of James

541, 542

See AGREEMENTS. ASSIGNEES OF BANKRUPTS.
COMMISSIONERS OF BANKRUPts.
NANTS. JUDGMENTS. TITLE.

COVE-

BANKRUPTCY, ACT OF,

will not discharge a contract for sale

nor an action for breach of covenant for title

154

499

155, 289

578-584

will prevent the execution of an agreement if no commission

has issued

will affect a purchaser, where

See NOTICE.

ASSIGNEES OF BANKRUPTS.

BANKRUPTCY, COMMISSION OF. See ATTORNEY. NOTICE.
BANKRUPT, ASSIGNEES OF. See ASSIGNEES OF BANKRUPTS.
BANKRUPTS, COMMISSIONERS OF. See COMMISSIONERS OF

BANKRUPTS.

BARON AND FEME,

estates purchased by husband with the wife's separate money,

may be followed, where

what is a good consideration for a settlement on a wife
purchase by a trader for his wife, where fraudulent against
creditors

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husband must perform the marriage agreement before he can
claim the benefit of it

BIDDING,

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purchaser of the consideration for the settlement by the
wife is bound also

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dumb bidding is within the auction duty acts

semble, putting up an estate, and no person bidding,

is not

private bidding on the part of the owner, not fraudulent,
where there are real bidders

unless more than one bidder is employed, semble
qu, if appointment of one puffer is in any case bad

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if the advertisements state that the estate will be sold with-
out reserve, the sale will be void if a puffer bid
may be countermanded before the lot is knocked down

BIDDING-(continued.)

by a purchaser void, unless he pay the auction duty when
payable by him

See ATTORNEY. AUCTION DUTY. SALES

BEFORE A MASTER.

BILL OF EXCHANGE,

Page

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35

for purchase.money given by a purchaser at a day certain

must be paid, although the seller refuse to convey

CAVEAT EMPTOR,

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CHANCERY. See SALES BEFORE A MASTER.
CHARITABLE USES,

will not affect a purchaser, without notice

unless he bought of a person who had notice

CHARITY. See DEVISE.

CHOSE IN ACTION,

purchaser of, must abide by the case of his vendor

semble, that a purchaser of a chose in action, or of any
equitable right, giving notice to the trustee, will be pre-
ferred to a prior purchaser, who gave no notice

CHURCHWARDENS,

can purchase a workhouse

214

261

577

578

627

10, 627

501

"CLEAR" YEARLY RENT,

what it is

COLLATERAL SECURITY,

was fraudulent

purchaser not affected by taking it, unless the first purchase

COMMISSIONERS OF BANKRUPTS,

cannot buy the bankrupt's estate

COMMISSION OF BANKRUPTCY,

not superseded even for fraud, where there are purchasers

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an agreement will be decreed to be performed pro tanto with
a compensation, in what cases

purchaser entitled to, for a deficiency in quantity, in what

cases

CONCEALMENT,

where it amounts to a fraud

29

622

504

621

243, 255, 271

272

185, 191, 271

CON.

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