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

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Saunders and Benning, 1835
 

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Continguts

Unless there is Collusion
11
A Lease may determine by Bankruptcy
12
Conditions against Marriage
14
Are construed strictly
19
Widows may be restrained from Marriage
22
Sect Page 1 How a Condition is to be performed
23
At what Time
25
At what Place
26
Who are bound to perform it id
27
What will excuse a nonperformance id
30
Where it will not relieve
31
Entry for a Condition broken
32
Who may enter
33
Grantees of Reversions
34
Effect of such Entry
35
Does not defeat Copyhold grants
36
Apportionment of Conditions id
37
TITLE XIV
38
Statute of Acton Burnell
39
Statute Staple
40
Recognizance
41
Judgment and Elegit
42
When Judgments bind Lands
43
Judgments must be Docketed
44
Statutes Judgments and Recognizances must in some places be Registered
45
Execution upon a Statute or Recognizance
46
Execution upon a Judgment
48
Priority of the Crown in Executions
49
What may be extended
51
Terms for Years
52
Trust Estates
53
What is not liable to an Extent
54
These Estates are only Chattels id
55
Remedies upon eviction
56
How long they may endure
59
Seci Page 96 How they are determined
60
The Crown may sell under an Extent
62
A Statute c will protect a Purchaser
63
TITLE XV
64
Description of a Mortgage
67
Morgtages in Fee or for Years
68
Welsh Mortgages
69
Equitable Mortgages id
72
Cases of Conditional Purchases
74
A Power of Sale may be given to a Mortgagee
78
CHAP II
80
Cannot commit Waste
81
Nor make Leases id
83
After Forfeiture has an Equity of Redemption id
84
Subject to Covenants
85
Cannot commit Waste
86
Nor Present to a Living
87
Must account for the Profits id
89
A Mortgage is Personal Estate id
90
Sect Page 1 Nature of
92
May be lost by Fraud
93
Is Alienable Devisable and Descendible
94
Subject to Curtesy f
95
But not to Dower
97
Unless the Mortgage be for Years
102
Subject to Crown Debts id
103
And sometimes Legal Assets
104
A Dowress Jointress and Tenant by the Curtesy
105
Whoever Redeems must do Equity
106
No precise Time is fixed for Redemption
113
But twenty years Possession is a Bar id
114
II Where an Account has been Settled
116
Where the Mortgage has been Acknowledged
117
Where no Time is appointed for Payment
118
Where the Mortgagor continues in Possession
121
Where there is Fraud in the Mortgagee
122
CHAP IV
123
Even in favour of a Devisee
124
Legal Incumbrances preferred to Equitable ones
159
Where Possession of the Deeds gives a Priority
163
A defective Mortgage not preferred to a second effective one
167
But will be preferred to Bond Debts c id
169
Of tacking subsequent to prior Incumbrances
170
A Judgment Creditor cannot tack
173
But a Mortgagee may tack a Judgment
174
Effect of obtaining a prior term for Years id
186
How far an Incumbrance will Protect
187
At what time a Prior Incumbrance may be got in
188
Of notice
194
Constructive notice
195
Sect Page
197
Vested Remainders
203
Limitation to the right heirs of the Grantor id
209
An intervening Remainder may be contingent and
216
Adverbs of time only denote the period when a
225
Sect Page 9 Not repugnant to any Rule of Law
232
It must not operate to abridge the particular Estate
234
Conditional Limitations
238
Estates may be enlarged on condition
239
CHAP III
241
Page 140
244
Both Estates must be created by the same Instru ment
246
Where the Legal Estate is in Trustees there needs no other preceding estate
247
CHAP IV
249
Or the instant it determines
250
Posthumous Children take as if born
251
A vested Remainder may take Effect though the preceding Estate be defeated
255
A Remainder may take effect in some though not in all
256
CHAP V
258
Remainders by way of Use
261
Will Devest in favour of Persons becoming entitled
262
Contingent Uses id
263
Shifting Uses
264
Shifting Clauses in Settlements
266
Out of what Seisin they arise
267
Sect Page
269
Where Created without Transmutation of Possession id
276
Observations on the Doctrine of the Scintilla Juris
282
Sometimes directed to join in destroying them
290
Bound to Preserve Timber c
301
CHAP VIII
326
Exception to this Rule
332
142
334
143
337
id
360
All particular Estates merge in the Reversion ex cept Estates Tail
362
TITLE XVIII
363
In Joint Tenancy
364
Circumstances required to this Estate
366
Unity of Title
367
Unity of Possession
369
Joint Tenancies go to the Survivor id
370
Who may be Joint Tenants
372
Husband and Wife cannot be Joint Tenants
373
Not subject to Curtesy or Dower
375
Joint Tenants cannot charge their Estates id
376
Sect Page 2 Destruction of the Unity of Interest
378
Of the Unity of Title
379
By Alienation to a Stranger
380
Exception Devise
382
In what Acts they must all join id
391
By Partition in Chancery
397
Incidents after Partition id
398
TITLE XX
399
Remedies against each other id
400
Subject to Curtesy
408
And to Dower
409
Destroyed by Voluntary Partition
410
By Partition in Chancery
411
By Partition under an Inclosure Act
413
By Uniting all the Titles
414

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Passatges populars

Pàgina 151 - ... or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit but within six years next after the same respectively shall have become due, or next after an acknowledgment of the same in writing shall have been given to the person entitled thereto, or his agent, signed by the person by whom the same was payable, or his agent...
Pàgina 151 - December, one thousand eight hundred and thirty-three, no arrears of rent or of interest in respect of any sum of money charged upon or payable out of any land or rent, or in respect of any legacy, or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit, but within six years next after the same respectively shall have become due...
Pàgina 206 - ... 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.
Pàgina 55 - June, no Writ of Fieri facias, or other Writ of Execution, shall bind the Property of the Goods against whom such Writ of Execution is sued forth, but from the Time that such Writ shall be delivered to the Sheriff...
Pàgina 209 - 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.
Pàgina 48 - 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...
Pàgina 181 - 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...
Pàgina 113 - That when a mortgagee shall have obtained the possession or receipt of the profits of any land, or the receipt of any rent, comprised in his mortgage, the mortgagor, or any person claiming through him, shall not bring a suit to redeem the mortgage but within twenty years next after the time at which the mortgagee obtained such possession or receipt...
Pàgina 113 - ... but where there shall be more than one mortgagee or more than one person claiming the estate or interest of the mortgagee or mortgagees, such acknowledgment signed by one or more of such mortgagees or persons, shall be effectual only as...
Pàgina 204 - Langston, for and during the term of his natural life, without impeachment of waste ; — and from and after the determination of that estate by...

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