ABSTRACT-continued.

of exceptions, habendum, and limitations, ib.

of provisos, powers, and covenants, 435.

*of ceremonies, receipts, registry, intestacy, &c. 435.
of title to terms, 436.

of copartner's title, 447.

of lessor's title, 493.

of descent, pedigree, 436.

of wills, ib.

of judgments, crown debts, fiats in bankruptcy, ib.
of decrees, ib.

how to be examined with deeds and wills, ib.
where examination may be delayed, ib.

of commissions or fiats in bankruptcy, 437.

how to be perused, 438.

when complete, 445.

should contain list of judgments, &c. ib.

may be required of the whole title, where limited title is to be
accepted, 447.

to whom it belongs, ib.

where to be examined with deeds, 448.

to be verified, although conditions against production of
deeds, where, 449.

office copies, where to be produced, 449, 450.
negligently prepared, seller not liable, 451.
time for production of, enlarged in equity, 452.
where prior title should be produced, 486.
at what period it should begin, 487.

of title to lay tithes, modus, advowson, &c. ib.

ABSTRACTS,

perused by attorney, he cannot disclose his knowledge, 1064.
See ATTORNEY. DEEDS. EVIDENCE. TIME. TITLE.

ACCEPTANCE,

of offer, what sufficient, 115, 116.

ACCEPTANCE OF TITLE,

by possession, 398.

by granting a lease, 399.

by approving of the conveyance, 400.

possession not, before title is made, 401.

or if defect is to be remedied, ib.

acts of ownership after authorized possession, not an, ib.
confined to the abstract, 403.

not a waiver of proof of title, 404.

not, whilst objection maintained, 405, 406.

not binding where objectionable deed afterwards produced, 436.
See WAIVER OF TITLE.

ACCIDENT,

loss by fire before report of purchaser confirmed absolute,
does not fall on him, 71, 331.

estate swept away by flood at the time of sale, purchaser re-

ACCIDENT, continued.

lieved, 421.

remedy lost by, not restored against a purchaser, 1019.
See BENEFIT. Loss.

*ACCOUNTANT TO THE CROWN,

purchaser from, how far bound, 673.

where sale is under extent, &c. 674.

lands not bound by simple contract debt, where, ib.
parish collector of taxes, not an, 675.

his appointment to be registered, 1010.

treasury may consent to his selling or leasing, 1011.
ACCRETION,

to estate before conveyance belongs to purchaser, 193.
ACKNOWLEDGMENT,

of title in writing, effect of, 623, 628.

written, by mortgagee, its effect, 636, 637.
as regards money, 637.

See RELEASE.

ACQUIESCENCE,

where binding generally, 275.

not binding whilst same embarrassment continues, 276.
by vendor in purchaser's objection, 300.

in award, 329.

in tenure of estate, 344.

where it is a waiver of objections to title, 404.

an acceptance of a proposal, 408.

by purchaser with knowledge of an incumbrance proceeding
to execute contract without objection, 404, note.

rule of equity not altered by statute of limitations, 636.
in purchase, by a trustee, 900.

ACQUISITION,

See CONFIRMATION.

of title after sale, 421.

ACRES,

deficiency in number stated in contract, 369, note.
boundaries control quantity of acres stated, 369, note.

unless so great disparity between number stated and actual
quantity, as to furnish evidence of fraud, 369, note.
number of stated by estimation, or with addition of words
"more or less," 369, 370, and note.

contents of an acre, 372.

what deemed customary, and what statute, 374.

operation of the statute for fixing the measure, 375, 376.

ACT OF PARLIAMENT,

abstract of, 432.

expense of private, falls on seller, 690.

public, is notice, 1044.

private, is not notice, ib.

although made public for evidence, ib.

See NOTICE.

ACT OF BANKRUPTCY. See BANKRUPTOY,

ACT OF OWNERSHIP,

act-of.

not waiver of objections to title, where, 481.

fall of underwood, ib.

stubbing osier bed, &c. ib.
re-sale, ib.

ACTION,

on the case for fraud, 23.

for stipulated damages, 40.

for general damages, although special condition, ib.
may be sustained to recover back money paid, or to obtain
compensation for expenses, &c., incurred in faith of a
parol agreement within the statute of frauds, which has
been violated by the party receiving the benefit, 143 note.
*penalty recoverable as liquidated damages, where, 220, 246.
equity cannot relieve against, 246.

by purchaser for breach before his time, where, 219.

by purchaser in case of fraud, although he paid the money
under decree, 255.

purchaser having waived an objection in equity, cannot after
suit bring an action, ib.

by seller or purchaser after bill dismissed, where, ib.

one, for breach of contract, the only remedy, 256.
interest, where it can be recovered, 258.

expenses of investigating title, recoverable in, ib.

not for use and occupation against purchaser, where no
title, 263.

by purchaser for non-performance, or for money had and re-
ceived, where, 256.

nominal damages only where the vendor has no title, 257.

or where an agent, without fraud, sells without authority, ib.
by purchaser, he must give the vendor a particular of facts, 258.
but not of legal objections, ib.

nor of special damage, 259.

by vendor, title must be averred, ib.

by heir or executor of purchaser, where, 259.

by purchaser, he should tender conveyance and purchase-
money, 262, & note.

unless the title is bad, or vendor cannot perform agree-
ment 263, & note.

by vendor, he should execute conveyance, or offer to do so,
261, & note.

where it can be sustained by vendor without having tender-
ed conveyance, ib.

where neither party has offered to perform on day appoint-
ed neither can sustain action, 287, note.

by vendor for arrears of interest without usual averments,
where, 261.

on the case for deceitful representation, 272, 273.

by purchaser, injunction against it, 424.

title must be proved bad, in, ib.

damages for purchaser in, ib.

ACTION-continued.

what expenses may be recovered in, where no title, 425, 428.
particulars of leading objections not demandable, 428.
objection of law withheld, cannot be set up, if it could be
remedied, 428, 429.

how title should be averred, 429.

where restrained after seller's bill dismissed, ib.

bill dismissed with liberty to bring an action, permission
no weight at law, 429.

title not doubtful at law, 529, 531.

at law, equitable objection may be considered, 531.
actions abolished by new statute of limitations, 613.
heir entitled to right of action for breach of covenant in
ancestor's lifetime, where, 708.

seller must lend his name to purchaser, where covenants
do not run with land, 726.

right of, under-covenants for title, not barred by bank-
ruptcy and certificate, 766.

*ACTUARY,

See ABSTRACT. AGENT. AUCTIONEER. COM-
PENSATION. COVENANTS FOR TITLE. DAMA-
GES. DECEIT. DEPOSIT. EVIDENCE. IN-
FANT. INTEREST. NUISANCE. PURCHASER.
TITLE. VEndor.

weight of valuation by, 319, 320.

ADDITIONAL RENT,

paid by tenant, its effect in evidence, 141.
ADDITIONAL SUM,

given yearly for improvements, not rent, 97.
ADEMPTION,

of legacy, sale by testator effects an, 211.

ADMINISTRATOR,

time runs against him from death, 621.

cannot purchase estate sold by him for payment of debts,
895, note.

ADMITTANCE. See COPYHOLD.

ADOPTION,

of act of alleged agent, 130, 134.

ADVANCEMENT,

purchase by father in the name of child, although illegiti-
mate, an advancement, 912.

the rule holds, where purchase is made by one, who stands
in loco parentis, 917, note.

so a grant of copyholds, successive, to children, 913.
but the child must be unprovided for, ib.

or must be considered by the parent as unprovided
for, 914.

what acts of ownership by father make the child

a trustee, ib.

ADVANCEMENT-continued.

possession by father, during the infancy, imma-
terial, ib.

so even where the child is adult, semble, 915.
parent repairing, &c. immaterial, ib.

so declaration of trust, or devise by the father,
after the conveyance, ib.

but a conveyance to a son for a purpose, is a trust
for the father, ib.

or the child may be put to his election, ib.
purchase by father in the joint names of himself and child,
an, 916.

where a purchase by the grandfather is an, 917.

purchase by husband in the name of his wife, an, ib.
purchase by father in the name of wife or child, voidable
by creditors, where, ib.

See EVIDENCE, PAROL. PURCHASER. RESULTING
TRUST.

ADVERSE POSSESSION,

not necessary for time to bar, 625.

where no provision in act, qu. 630.

ADVERSE RIGHT,

vendor obtaining a release of, 242.

party having, not party to bill for specific performance, 252.
ADVERTISEMENT,

of sale, by master in chancery or sheriff, how made and by
whom and how signed, 65, note.

reasonable notice of sale should be given, 65, note.
and specific time fixed, ib.

ADVOWSON,

statement, that a voidance was likely to occur soon, not
binding, 3.

vacancy by resignation after contract does not belong to
purchaser, where there is delay, 332.

bought in fee of tenant in tail in remainder, partial per-
formance enforced, where, 351.

*not subject to old statute of limitations, 487.

root of title to, ib.

where barred by time, 641.

AGENCY,

implied in an auctioneer, not to be extended, 133.

AGENT,

notice to agent is notice to his principal, when, 7, and in note.
bidding beyond his authority, liable, 46.

direction to, by seller, for consideration, to pay proceeds to
a third
person, order binding, 47.

per-centage cannot be recovered until money is received by
the principal, 46.

relief, where prineipal denies his authority, ib.