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N.

NAME. A mistake in or omission of the name of the re-

leasor in the granting part

Will be supplied by construction from the context
NOTICE. Absence of receipt for consideration money is
implied notice that it remains unpaid

0.

Page.

483

ib.

429

OMISSION. See Name.

OPERATIVE WORDS. In bargains and sales for years 377

In leases

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172

376

446

P.

Different modes of describing them in the lease for a

year

PARCELS. Necessity of their accuracy in the leases for a

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How to be described in the lease when granted in the
release by schedules

381

ib.

446

178

In beneficial leases

pacity and by that name

378

394

ib.

Modes of describing them in the release

PARISHIONERS, incapable of being grantees in that ca-

PARTY. A man must be a party to a deed to take an im-
mediate estate by the rules of the common law

Or to be a grantor

Not necessary to be a party to take a remainder, or an
use, or the benefit of a trust

Every person is a party to a deed-poll who is named
actively or passively

ib.

394, 412

A person covenanting or taking the benefit of a cove-
nant must be a party, if the deed is expressed
to be made between, &c.

397

An attorney to deliver seisin need not be named as a
party to the indenture
PAYMENT of purchase money will be presumed after
length of time

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The absence of a receipt is presumptive notice that the
money is unpaid
PERPETUITIES. Application of the rule against perpe-
tuities to leases for lives of persons unborn, &c. 153,

154, 156

429

Page.

POSSESSION. The statute of uses does not give an actual

possession without entry

The phrase in possession is in many books used for

vested in interest.

391

POSSIBILITY. A possibility of reverter is not grantable 276,

Whether a possibility under an executory devise
shall be extinguished by descending on the person
having the fee subject to that executory devise
A possibility coupled with an interest is devisable
May be released by way of extinguishment
May be bound by estoppel

May be bound in equity by contract

See Contingent Interests, Expectancy.

PRIVITY OF ESTATE. General nature of

473

278

269

ib.

ib.

ib.

327

324, 329

Of the privity necessary between a releasor and re-
leasee to the validity of a release

Of the want of privity because the estate of the re-
leasee is derived out of a mesne subsisting estate 352
Cases of immediate privity

337

Cases of privity notwithstanding a mesne estate
Instances of privity because a derivative estate is
discharged from its original privity

338

344

Of mere privity of tenure for the sake of remedy, and
not of estate

345

PROVISO FOR REDEMPTION.

Observations on the

mode of penning it in mortgages

206

PURCHASER. In what cases he may object to a title on

the ground of a defect in a fine

75

A purchaser from tenant by statute or elegit, has a
redeemable interest

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implied notice that the money remains unpaid 429
Modes of stating the receipt in the deed

421, 428

RECITAL. Whether the recital of the lease for a year

operates as evidence or estoppel

443, 452

Mode of reciting the lease

442

A recital of the fact of possession is sufficient evi-
dence of a particular estate to support a release 292
How far a recital is evidence

309

Page,

RECITAL.-Continued.

Mistake in the recital of a lease for a year is not ma-
terial. Ramsbottom and others v. Tunbridge,
2 Maule and Selwyn 525

RELEASE IN ENLARGEMENT. Its form.

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To operate by way of enlargement must be to a person
having a vested estate in possession, reversion or re-
mainder, and not to one having a mere right interest
or possibility
211, 245, 271

Privity of estate between releasor and releasee is es-

sential

324

Release from reversioner to underlessee during the
continuance of the interposed estate will not enlarge
the estate of the underlessee

352

Cases in which there is privity sufficient to support a
release, notwithstanding a mesne estate
Release to a tenant at sufferance will not pass any

338

estate

359

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To the tenant of every particular vested estate

284

To the owner of a determinable or defeasible fee un-
less derived from an estate tail

471

Το one possessed of a particular estate in autre
droit, as trustee, husband, &c.

331

To a particular tenant after a partial alienation, pro-
vided he retains a reversion

349

Page.

RELEASE IN ENLARGEMENT.-Continued.

To a man who has a base fee derived from an estate
tail

472

To executors having a chattel interest for payment
of debts

300

May not be made to a tenant for life while disseised 351
But may extinguish a rent

ib.

A release from a disseisee to a lessee of disseisor passes

no estate

351

ib.

323

a

269

It may operate as a confirmation

Under some circumstances a release may be made to
a person coming in by disseisin

A release from a disseisor to a disseisee operates as
release of right

A release to tenant in tail will operate by enlargement
but will not occasion a merger of his estate

A release to a trespasser will not pass an estate by
enlargement

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286

288, 302

An assurance failing of effect, as a release in enlarge-
ment of estate, may have some other operation 359
May operate as a grant if there be a particular estate
outstanding to create a reversion in the releasor
A release executed before the lease for a year as
part of the same transaction, might probably be
supported

332

364

333

Effect of a release to husband and wife jointly, where
the particular estate was the wife's
Instances in which a release may operate notwith-
standing there is an interposed estate between the
estates of the releasor and releasee

338

Cases in which a release from the reversioner or re-
mainderman will destroy an interposed contingent
interest

342

Effect of a release from a reversioner in fee who has also
an estate for life in possession to the tenant of an
intermediate estate-tail

344

See Lease and Release.

RELEASE OF RIGHT. A release to the owner of a de-
terminable or defeasible fee can operate only as
a release of right

471, 473

Unless the determinable fee arises from an estate-tail 472

RELEASEE. Who may be a releasee in respect of per-

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RELEASOR. Who may be

See Release (passim) and Table of Contents.

273

ib.

245, 271

Omission of the name of the releasor in the granting
part may be supplied in construction

REMAINDER, will pass by the name of a reversion
Of the description by which it should be granted
The estate of a remainder-man may be enlarged.

483

463

ib.

Page.

REMAINDER-MAN entering by force of his remainder,
is bound by a condition although not a party to the

deed

So by a rent

He may enlarge the estate of a particular tenant not-
withstanding a mesne remainder

RENT. The rent reserved on a lease shall belong to the
reversioner

412

413

339

170, 185

Rent reserved upon a grant in fee made by a man seis-
ed ex parte materna shall descend to his heirs ge-
nerally because it is a new acquisition
Coparceners shall take a rent reserved on a grant by
them in fee as joint-tenants. Sed quære
The remedy for rent against an underlessee is lost by
the merger or destruction of the estate of the origi-
nal lessee

A remedy for rent, &c. is given by statute, notwith-
standing the surrender of an original lease for the
purpose of a renewal

188

ib.

357

358

A remainder-man entering by force of his remainder
is bound to pay the rent reserved although he be
not a party to the deed

413

A reservation of rent is not material in a bargain and
sale for a year, if there be a pecuniary considera-
tion

388

The mere reservation of a rent is a sufficient con-
sideration for a bargain and sale

ib.

Whether it is sufficient for that purpose if reserved to a
stranger

ib.

A rent may be extinguished by a release from the re-
versioner, although in consequence of a disseisin no
estate remains in the releasee

351

RENT CHARGE may be conveyed by lease and release

or mere grant

See Rent.

RESULTING USE. See Tenant în Tail-Uses.

REVERSION. The reversion cannot be granted for an es-
tate of freehold to commence in futuro under a com-
mon law grant

Will pass by the name of a remainder

The description by which it should be granted

235

155

463

ib.

RIGHT OF ENTRY OR ACTION cannot be released by
way of enlargement, but may by way of mitter le droit 270,

278

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