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

William Cruise

J. Butterworth, 1824

Mostra el llibre »

Pàgines seleccionades

Pàgina de títol

Taula de continguts

Continguts

OF THE SECOND VOLUME TITLE XIII	1

Precedent or Subsequent 9 To what Estates annexed id	3

A Condition must defeat the whole Estate	4

What Conditions are void 19 Conditions against Law id id	5

Interposition of the Court of Chancery	7

Whether in such cases a Bond is good 34 Conditions of nonalienation sometimes good	8

But are construed strictly id	9

Unless there are special words 10	10

Or a Charge on the Real Estate	167

Proportions between Tenant for Life and Remainder	177

CHAP V	185

Legal Incumbrances preferred to Equitable ones	187

Where Possession of the Deeds gives a Priority	192

A defective Mortgage not preferred to a second effect ive one	196

But will be preferred to Bond Debts	197

Nature	198

A Sale by Execution is not an Alienation id	12

A Lease may determine by Bankruptcy 13	13

Conditions against Marriage	16

Are construed strictly	22

Who may perform	27

At what time 12 At what place	30

Who are bound to perform it	31

What will excuse a nonperformance	32

Who are bound to perform it Page	33

Where Equity relieves against Conditions	35

id	36

Effect of its performance 19 What will excuse a nonperformance 29 Where Equity relieves against Conditions 34 Where it will not relieve 37 Entry f...	37

40	38

42	39

Grantees of Reversions	40

Effect of such entry	41

Does not defeat Copyhold grants	42

Apportionment of Conditions	43

TITLE XIV	45

Estates held as a security for Money 6 Statute of Acton Burnell 7 Statute Merchant	47

Statute Staple	48

Recognizance	49

Judgment and Elegit	50

When Judgments bind Lands	51

When Judgments bind Lands 26 Judgments must be docketed	52

Statutes Judgments and Recognizances must in some places be registered	54

Execution upon a Statute or Recognizance	55

Execution upon a Judgment	56

Execution upon a Statute or Recognizance 47 id INNUAFAP282013 886645	58

Statutes Judgments and Recognizances must in some	59

55	60

58	61

How long they may endure 70 95 How they are determined 71 105 The Crown may sell under an Extent 107 A Statute will protect a Purchaser 74 7...	62

Trust Estates	63

What is not liable to an Extent	64

These Estates are only Chattels	65

Widows may be restrained from Marriage	66

Must be executed by Entry id	67

How long they may endure	70

How they are determined	71

The Crown may sell under an Extent	74

These Estates are only Chattels	76

Cases of Conditional Purchases	77

Must be executed by Entry	79

Description of a Mortgage	81

Mortgages in Fee or for Years	82

Welsh Mortgages	83

Remedies upon Conviction	85

Equitable Mortgages id	89

A Power of Sale may be given to a Mortgagee	94

CHAP II	97

Cannot commit Waste	98

Nor bar the Mortgagee by Fine	99

After Forfeiture has an Equity of Redemption id	103

Cannot commit Waste	104

Nor Present to a Living	105

A Statute will protect a Purchaser	107

A Mortgage is Personal Estate	108

Unless the Intention be otherwise id	109

CHAP III	111

May be lost by Fraud	112

Similar to a Trust Estate	113

Unless the Mortgage be for Years	124

Whoever Redeems must do Equity id	136

CHAP III	146

And also Lands descended	152

The Personal Estate may be Exempted	161

Priority may be lost by Fraud	199

Of tacking subsequent to prior Incumbrances	200

A Judgment Creditor cannot tack	203

But a Mortgagee may tack a Judgment	205

Similar to a Trust Estate	209

Effect of obtaining a prior term for Years id	219

How far an Incumbrance will Protect	220

At what time a Prior Incumbrance may be got in	221

Of notice	229

Constructive notice	230

CHAP VI	232

TITLE XVI	236

Remainders	237

Contingent Remainders	239

Sect Page 24 Exceptions	242

Rule in Shelleys case	245

An intervening Remainder may be Contingent and a subsequent one vested	254

Two contingent Fees may be limited in the alter native	255

But no Estate after a Remainder in Fee can be vested	258

Unless it be a contingent determinable Fee	259

A power of appointment does not suspend Remainders	260

b 2	262

Adverbs of time only denote the period when a Re mainder is to vest in Interest	265

A contingency sometimes considered as a condi tion subsequent	269

CHAP II	271

Nor contrariant in itself	274

It must not operate to abridge the particular estate	276

Conditional limitations	281

Estates may be enlarged on Condition	283

CHAP III	285

But it must be a present right	291

Where the Legal Estate is in Trustees there needs no other preceding estate	293

Sect Page	294

CHAP V	304

Contingent Uses id	310

CHAP VI	317

How Remainders by way of Use are Destroyed	324

Observations on the Doctrine of the Scintilla Juris	333

Sect Page 1 Invention of	336

Sometimes not punished for destroying Contingent Remainders	339

Sometimes directed to Join in Destroying them	342

In other Cases such Direction refused	345

Bound to Preserve Timber	356

CHAP VIII	385

How far this doctrine is applicable to common law conveyances	390

Contingent remainders are transmissible	392

Exception to this rule	393

A Contingent Remainder may pass by Estoppel 1 id	394

TITLE XVII	395

Arises from the construction of law	397

Is a vested interest	398

Incidenes to a Reversion	399

After Estates for years are present assets id	400

But not to the Bond Debts of an intermediate Tenant	421

Liable to Judgments	425

And also to Leases	426

All particular estates merge in the Reversion	429

JOINT TENANCY	430

Unity of Possession	437

Not subject to Curtesy or Dower	444

Exception Devise	452

By Partition in Chancery	460

The Possession of one is that of the other	463

What may be divided by	470

Subject to Curtesy	482

By Partition under an Inclosure	488

Frases i termes més freqüents

afterwards alienation annexed assignment bill bond breach charge cognizee cognizor common law consent contingent remainder conveyance conveyed Court of Chancery court of equity covenant creditor daughter death debt debtor decree deed defendant destroyed determination devised died dition elegit entered entitled equity of redemption estate limited estate tail execution executors Fearne fee simple feoffee feoffment feoffor forfeiture freehold gage grant grantor heir at law held husband incumbrances Inst interest issue male judgment king's lands lease lessee lessor liable Lord Coke Lord Hardwicke mainder marriage married ment moiety mort mortgage mortgage money mortgagor notice paid particular estate payment performance personal estate plaintiff preceding estate premises proviso purchaser real estate recognizance redeem remainderman rent reversion right heirs rule scire facias seised seisin settlement statute merchant statute staple subsequent take effect tenant in tail term testator's thereof tion trustees Vern vested void wife writ

Passatges populars

Pàgina 242 - 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.

Apareix a 227 llibres de 1803-2002

Pàgina 107 - A mortgage is a charge upon the land; and whatever would give the money, will carry the estate in the land along with It, to every purpose. The estate in the land is the same thing as the money due upon it It will bo liable to debts; it will go to executors; It will pass by a will not made and executed with the solemnities required by the statute of frauds.

Apareix a 61 llibres de 1807-2004

Pàgina 264 - Where an absolute property is given, and a particular interest in the mean time, as until the devisee shall come of age, &c., and when he shall come of age, &c., then to him &c., the rule is, that that shall not operate as a condition precedent, but as a description of the time when the remainderman is to take in possession.

Apareix a 37 llibres de 1809-1930

Pàgina 53 - 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...

Apareix a 132 llibres de 1809-2006

Pàgina 208 - 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...

Apareix a 30 llibres de 1817-2006

Pàgina 292 - Henry for life, remainder to his first and other sons in tail, remainder to his nephew Richard for life, &c.

Apareix a 98 llibres de 1809-1965

Pàgina 238 - ... 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.

Apareix a 32 llibres de 1808-2002

Pàgina 276 - Where a contingency is limited to depend on an estate of freehold which is capable of supporting a remainder, it shall never be construed to be an executory devise, but a contingent remainder only and not otherwise.

Apareix a 49 llibres de 1811-2002

Pàgina 334 - Thompson and his assigns for his life without impeachment of waste, remainder to the said trustees to preserve contingent remainders, remainder to the use of the first and other sons of...

Apareix a 38 llibres de 1816-1949

Pàgina 248 - In the nature of a precedent condition, which is to happen before such person can take. As, for Instance, If the limitation be to A for life, remainder to B, B has a capacity to take this at any moment when A may die.

Apareix a 20 llibres de 1800-1938

Informació bibliogràfica

Títol	A Digest of the Laws of England Respecting Real Property, Volum 2 A Digest of the Laws of England Respecting Real Property, William Cruise
Autor	William Cruise
Edició	3
Editor	J. Butterworth, 1824
Original de	Universitat d’Oxford
Digitalitzat el	21 Set. 2006

Exporta citacions	BiBTeX EndNote RefMan

Quant a Google Llibres - Normes de privadesa - Condicions de servei - Informació per a editors - Informeu d'un problema - Ajuda - Google Inici