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

Portada
A. Strahan, 1804
 

Continguts

Where he renews Leafes a Truft for the Mortgagor
30
None but Purchaſers without Notice can tack
31
to A Widow may be reftrained from Marriage
33
CHAP II
34
Who may perform a Condition
36
At what Time
38
Who are bound to perform a Condition
39
Effect of the Performance of a Condition
41
What excufes the Nonperformance of a Condition id
46
Where Equity will not relieye
48
Of Entry for a Condition broken
49
None but Parties and Privies can enter
51
None but the Heir at Common Law can enter
52
Of the Statute 32 Hen 8 id
54
Effect of an Entry for a Condition broken
55
Does not defeat Copyhold Grants
56
TITLE XIV
58
Poffeffion of one is that of the other
59
Of a Statute Merchant
61
Of a Statute Staple
62
Of the Writ of Elegit
65
Of the Inquifition
66
The Eftate muſt be executed by Entry
68
What be extended may
70
Theſe Eſtates are only Chattels
73
Remedies in cafe of Eviction
74
Duration of theſe Eſtates
75
How they are determined
77
TITLE XV
81
Origin of Mortgages
82
Interpofition of the Court of Chancery
83
Deſcription of a Mortgage
86
Mortgages in Fee and for Years
88
All Reftraints on the Right of Redemption are void
89
Where there is a new Agreement for a Purchaſe
95
Cafes of conditional Purchaſes
98
CHAP II
106
Cannot commit Waſte
108
Cannot make a Leaſe to bind the Mortgagee id
110
After Forfeiture has an Equity of Redemption
111
Entitled to Rent after Notice id
114
A Mortgage is perfonal Eftate
122
The Perfonal Eſtate firſt liable
165
Even in favour of a Devifee
166
A Difpofition of the Perfonal Eftate will not alter this Rule
167
Lands deviſed for Payment of Debts applied in diſcharge of Mortgages
169
A Perfon may exempt his Perfonal Eftate
173
A ſpecific Gift of a Chattel will exonerate it
176
ExceptionsWhere the Charge was originally on the Land
177
Though there be a Covenant for Payment
179
Agreement to lower Intereft
191
Intereft upon Intereft not generally allowed id
192
ExceptionInfants
193
Who are bound to pay Intereſt
194
Mortgage Money is payable to the Executor
196
CHAP V
198
Legal Incumbrances preferred to equitable ones
199
Priority
200
This Doctrine weakened by fome Determinations at Law
233
At what Time a prior Incumbrance may be got
249
TITLE XVI
257
What Kind of Uncertainty renders a Remainder con
258
Defcription
298
CHAP II
301
Page
325
A Remainder may take effect in ſome though not in all
343
ftroy it
360
Where created without Tranfmutation of Poffeffion
369
Where created by Tranfmutation of Poffeffion
371
How fpringing and ſhifting Uſes may be deſtroyed
374
CHAP VII
381
Where they join in a Conveyance it is a Breach of Truft
382
Sometimes not puniſhed for deſtroying Remainders
385
Sometimes directed to jcin
388
Cafes where the Court has refuſed to give fuch Directions
393
Bound to preferve Timber Mines c
402
CHAP VII
441
How far this Doctrine is applicable to common Law Conveyances
448
Contingent Remainders are tranfmiffible
449
And alſo Contingent Uſes
451
A Contingent Remainder may paſs by Eſtoppel
452
And be deviſed by Will
453
A Reverfion arifes from a Conftruction of Law 12 Reverfions are vefted Intereſts 15 Incidents to a Reverſion 17 Reverſions after Eſtates for Years are...
454
TITLE XVIII
497
Unity of Intereft 11 Unity of Title
499
Unity of Time
500
Unity of Poffeffion
503
158
506
JointTenancies go to the Survivor 26 JointTenancy not favoured in Equity 28 Who may be JointTenants
507
Hufband and Wife cannot be JointTenants
508
JointTenants for Life
512
48
515
id
516
By what Means a JointTenancy may be fevered and deſtroyed 2 Destruction of the Unity of Intereſt
519
id
528
TITLE XIX
537
163
538
id
541
TITLE XX
549

Altres edicions - Mostra-ho tot

Frases i termes més freqüents

Passatges populars

Pàgina 313 - daughter for and during the term of their natural lives, and the life of the longer liver of them in equal proportions, (hare and
Pàgina 88 - advantage : that on the death of the mortgagee, the term, and the right in equity to receive the mortgage debt, veft in the fame perfon; whereas, in cafes of mortgages in fee, the eftate, on the death of the mortgagee, goes to his heir or devifee, and the money is payable to his executor or adminiftrator. This produces a
Pàgina 79 - upon the creditor's doing more than account for the extended value. But if the debtor comes into a court of equity for relief, the court will give it him, by obliging the creditor to account for the whole that he has received: and, as a
Pàgina 316 - confent ; which was properly a conditional limitation, and not a condition ; for if it were a condition, it would defcend to the heir at law, and he might enter for breach of it, and defeat the limitation over ; and it was therefore agreed, that the marriage without confent determined her
Pàgina 109 - and therefore no notice is ever given him to quit, and he is not even entitled to reap the crop, as other tenants at will are, becaufe all is liable to the debt, on payment of which the
Pàgina 337 - be born after the deceafe of his, " her, or their father, fhall and may by virtue of fuch " fettlement, take fuch eftate fo limited to the firft and " other fons, or to the daughter or daughters, in the •* fame manner as if born in the life-time of his, her, '« or their father.
Pàgina 95 - nonpayment within the year, to mortgage or fell in order to raife the money lent, and to be accountable for the overplus, it was not then to be confidered what he might have done, but what he had done ; and it was evident, that it was not B's. intention to convey an abfolute and
Pàgina 531 - all perfons whatfoever, after notice as aforefaid, " whatever right or title they have, or may at any time " claim to have in any of the manors, &c. mentioned " in the faid judgment and writ of partition, although " all perfons concerned are not named in any of the *' proceedings, nor the title of the tenants truly fet ** forth.
Pàgina 109 - It is rightly admitted, that if the mortgagee had encouraged the tenant to lay out money, he could not maintain this action; but here the queftion turns upon the agreement between the mortgagor and mortgagee. When the mortgagor is left in
Pàgina 538 - claimed as her dower, and. alfo under the fettlement. On the trial, the judge directed the jury to find a verdict for the plaintiff; upon which a bill of exceptions was tendered, fetting out in fubftance this cafe, which

Informació bibliogràfica