A Digest of the Laws of England Respecting Real Property, Τόμος 1

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Saunders and Benning, 1835

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CHAP III
32
And Terms for Years
33
Extinguishment
35
Distinguished from Bargains and Sales under
42
A written Agreement discharged by Parol
44
Sect
45
May be by Attorney
48
Feoffment
53
CHAP V
54
Circumstances required in these Leases
62
Tenants by the Curtesy and in Dower
68
Can only be between two Parties
74
Trustees
75
CHAP VII
84
CHAP VIII
91
Who may be Lessees
93
Who may covenant to stand seised
97
A Use only arises to those within the consideration
106
Recognizance
112
Origin and Nature of Page
118
No Consideration necessary
120
Deeds to declare Uses
125
Conflicting declarations of Use in same instrument
127
Who may declare Uses 128 སྥོ 29 Infants id
128
Married Women id
130
Uses may be declared on a Lease and Release
131
CHAP XIII
133
Powers relating to the Land
134
Or in Gross
135
In what Deeds inserted id
136
A Power to appoint implies a Power to revoke
137
And includes a Right to reserve a new Power
138
Unless the Power be collateral
139
To whom Powers may be given id
140
Married Women
142
Who may be appointees
146
Sect Page
149
CHAP XV
157
A general Power only authorizes Leases in Possession
165
What is the best Rent
175
What acts they do and do not authorize id
181
CHAP XVII
188
or Will
194
But it must be properly executed
195
Unless the Power is collateral
196
The Power need not be recited
197
But the Instrument must refer to the Estate
198
A Power may be executed by several Assurances
200
An Appointment may be a Revocation pro tanto
201
Where a Power is exceeded the Excess only is void in Equity
202
An Appointment may give a less Estate
205
When not there being special words
208
Or it is equivalent to absolute Ownership
212
Where an Instrument operates as a Appointment id
219
Will not defeat a prior Estate
221
CHAP XVIII
222
In Favour of Children
226
Though provided for
227
In Favour of Creditors id
228
Or where there is Fraud
229
CHAP XIX
233
Powers in gross not barred by an innocent Convey ance of the Estate of the Donee id
235
Secus where the Estates are devested
236
May be released
237
Powers simply collateral not barred by any Con veyance
238
A Power may be forfeited to the Crown
239
Ceases where there is no Object id
241
CHAP XX
242
Where a Deed is uncertain it is void
246
Words sometimes rejected
247
Omissions supplied id
248
Where the Grantee has an Election how to take
251
No Averments admitted against Deeds
253
But admitted in support of them
254
And where there is an Ambiguity
255
And where there is Fraud or Mistake
256
Construction of Conveyances to Uses
257
Of Declarations of Trust
258
CHAP XXI
260
Parties
261
How to be described id
263
Consideration
264
Description of the Things granted
265
Effect of Additions to the Description
269
To whom the Title Deeds belong
271
Usual Mode of limiting Estates Tail
285
What Words create an Estate for Life
287
What Words create an Estate for Years or at Will
288
What Words create a Tenancy in Common
292
What Words create Cross Remainders
298
Cases of Marriage Articles
302
CHAP XXIII
304
How mediate Limitations are vested
305
Of Joint and several Limitations
308
Both Estates must be by the same Instrument
310
And be of the same Nature
312
Nor to the Word Heir in the singular Number id
313
Settlements in pursuance of Articles rectified
323
Except there are Purchasers
325
But is now applied
327
Unless a contrary Intention appears
328
Sect Page 1 Perpetuities discouraged
330
History of Settlements
332
Settlements of Estates for Life
333
Settlements of Estates for Years
334
Alienation may be restrained during Lives in being and twentyone Years after
338
This Rule applied to Springing and Shifting Uses
345
And to Uses arising from Appointments
346
And to Declarations of Trust of Terms for Years
349
But not to Remainders after Estates Tail id
350
CHAP XXV
352
Condition id
354
Express Warranty
355
Implied Warranty
357
Lineal Warranty
358
Only Binds the Heir where he has Assets
359
Statute of Gloucester
361
Does not extend to collateral Warranty id
362
But not the Reversion
363
Statute 11 Hen 7 c 20
365
Statute 4 Anne c 16 id
366
Sect Page 1 Nature of
367
No technical Words necessary
368
How construed
369
Qualified by express ones
370
Covenants Real
371
Extend to all claiming under the Grantee
372
ExceptionUndertenants
374
The Assignor still liable
375
General and specific Covenants
376
Usual Covenants for the Title
377
For quiet Enjoyment
378
Free from Incumbrances
380
These Covenants run with the Land
381
Are now usually restrained
382
According to the Title of the Vendor
384
Who are held to claim under the Vendor
386
Who are bound to covenant for the Title
388
Remedies under these Covenants
389
Covenants in Assignments of Leaseholds
392
Covenants for Renewal of Leases
393
CHAP XXVII
404
Disagreement
406
Duress
407
Erasure or Interlineation id
408
Where it is Usurious
409
When obtained by Fraud
410
Or made in Derogation of the Rights of Marriage
413
All Deeds are void as to Crown Debts
419
The Crown entitled to a Term to attend
421
CHAP XXVIII
423
What Deeds are void by these Statutes
424
Or to defraud Purchasers
425
Notice is immaterial id
426
Voluntary Conveyances void against Purchasers
427
Though with Notice
428
And Conveyances with Power of Revocation
431
Who are deemed Purchasers
433
Voluntary Conveyances binding on the Party
434
And good as to subsequent voluntary Conveyances id
435
Proviso for Deeds made on good Consideration
436
How far the Consideration of Marriage extends
442
Settlement by a Widow on her Children
443
CHAP XXIX
445
Registering an Assignment is not a register of the Lease
449
Effect
452
The Notice must be fully proved
458
Utility of the Register Acts
459
Register of Annuities
461
Register of the Bedford Level id
462

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Σελίδα 220 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...
Σελίδα 118 - All declarations or creations of trusts or confidences, of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trusts, or by his last will in writing, or else they shall be utterly void and of none effect.
Σελίδα 32 - That no action shall be brought whereby to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which such action shall be brought, or .some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Σελίδα 158 - ... sealed and delivered in the presence of and attested by two or more credible witnesses...
Σελίδα 27 - That all leases, estates, interests of freehold, or terms of years, or any uncertain interest of, in, to, or out of any messuages, manors, lands, tenements, or hereditaments, made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only...
Σελίδα 317 - RG, were parties, and by a recovery suffered in pursuance thereof, the estates were limited to the use of the husband for life, remainder to the wife...
Σελίδα 108 - ... 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 238 - Chancery by the Master of the Rolls, for the opinion of the Court of King's Bench.
Σελίδα 27 - Writing, shall have the Force and Effect of Leases or Estates at Will only, and shall not either in Law or Equity be deemed or taken to have any other or greater Force or Effect ; any Consideration for making any such Parol Leases or Estates, or any former Law or Usage to the contrary notwithstanding.
Σελίδα 286 - Male of his body issuing being always to be preferred and to take before the Younger of such Sons and the Heirs Male of his and their body and bodies issuing...

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