A Compendium of the Law and Practice of Vendors and Purchasers of Real Estate

pletion, 295-on sale of reversion, ib.-on valuation of timber, 295, 296-fix-
tures, 296-leaseholds, 297-trade premises, ib.-what a sufficient appropria-
tion of purchase-money, 297, 298-payment into bank, ib.-purchaser acceding
to delay, ib.—express agreement to pay interest, effect of, ib.—“ unavoidable ob-
stacle," &c. &c. 299 to 302-agreement to take profits excludes interest, 302-
increase of purchase-money for excess in quantity, 303—statutory acre, ib.--
vendor's right to compensation, doubtful, 304—variations in quality of estate,
no allowance, semble in his favor, ib.-purchase-money, how diminished, 305,
306-by proceeds of estate received, &c., by vendor, 306-deteriorations, ib.-
abatement in respect of original defects, 307—for deficiency in quantity, ib.-
effect of expressions "by estimation," &c., 308-purchaser's right confined to
compensation, ib.-surface deficiency on sale of woods, 309-abatement in re-
spect of deficiency in quality, ib.

5. To whom and how purchase-money should be paid, p. 310.

Agent or solicitor not authorized as such to receive it, 310-to whom it should be
paid, ib.-
-on sale in bankruptey, 311-lien of third party advancing it, as
against purchaser's assignees, ib.-payment on sale to railway companies, &c.
ib.-prima facie right of parties in possession, 312-affidavit on petition for pay-
ment out of court, ib.-re-investment, 313.

6. As to purchaser's right to deeds, attested copies, &c., p. 314.
Purchaser's right to deeds, &c., 314-on purchase of only part of estate, ib.-al-
though vendor has covenanted to produce them to other parties, ib.—sale under
a settlement, ib.—liability of mortgagee settling several mortgages by a single
deed, 315-purchaser not entitled to negative evidences, ib.—his right to attest-
ed copies, 315, 316-covenant for production, 316-absence of documents not
produced should be explained, 316, 317.

7. Matters necessary to ensure the full effect of the executed conveyance, registration, en-
rolment, &c., p. 317.

Local registration, 317-what interests are excepted from the acts, 317, 318-
copyholds, 318-leases at rack rent, what are, ib.-for twenty-one years, 318-
London not within the Middlesex act, ib.-assignment of money charged on
land, ib.-deed of appointment, 319-railway conveyances, &c., ib.—will, ib.—
memorial, its contents, ib.-attestation of, ib.-where deed conveys several
shares or estates, 320-registration under Bedford Level Act, ib.--enrolment
under Mortmain Act, ib.-enrolment of disentailing deed, 321-consent of pro-
tector, ib.—assurances on sale by tenant in tail of copyholds, 321, 322—-certifi-
cate of acknowledgment by married women, 323-entry on court rolls of copy-
hold assurances, ib.-conveyance of contingent interest in copyholds, 324-as-
surance of copyholds under the L. C. C. Act 1845 to be entered on court rolls,
ib.-indorsed notice of conveyance, when expedient, 321, 325-notice to trustees,
ib.—to mortgagee on purchase of equity of redemption, ib.

8. As to stamps, p. 325.

Deed unstamped, not evidence, 325-may be stamped after execution, ib.—ad va-
lorem duty payable only on consideration stated, 326-on what consideration,
326, 327—amount may be reduced, to lessen duty, 328—family arrangement, ib.
-money paid for lease granted at request, ib.-duties payable under 13 and 14
Vict. c. 97, ib.-commissioners may determine proper amount, 329-certain
conveyances exempted from increased duty, ib.-what payable on single con-
veyance to joint purchasers, ib.—or in case of sub-sales, 330-on single convey-
ance of separate estates to sole purchaser, ib.-deed of confirmation, ib.-princi-

pal assurance, ib.-denoting stamp, ib.-steward to deliver out copies of court.

roll stamped, ib:-conveyance by several owners, 331-deed with double opera-

tion, ib.-matters not involving additional duty, 332-deed stamp unnecessary,

although ad valorem duty under 35s., ib.—indorsed receipts, &c., are counted, ib.

-stamps of improper denomination, 333-presumption as to stamps, ib.-altera-

tion of instrument, ib.

9. As to costs, p. 334.

Of conveyance, purchaser pays, 334—of execution, vendor pays, ib.-expenses, how

borne on purchase of copyholds, 335-costs of lease, 336-of conveyance, in con-

sideration of rent-charge, ib.- -on sale under L. C. C. C. Act, ib.—of re-investing

purchase-money, &c., 337 to 339-additional expenses, if estate is encumbered,

&c., 339, 340-as to taxation under 6 and 7 Vict. c. 73, 340 to 342-under general

jurisdiction, 343-under 8 and 9 Vict. c. 119, ib.

CHAPTER XIV.

AS TO THE EFFECT OF THE CONVEYANCE ON THE RELATIVE

RIGHTS OF VENDOR AND PURCHASER.

1. Vendor's lien on estate for unpaid purchase-money, p. 344.

Vendor's lien, 344, 345-general nature of and incidents to, 345, 346-marshalling

for, 346-is lost by taking independent security, ib.-not by taking note, bill, or

bond, 346-although for deferred payment, 347-or third parties join in note or

bill, ib.-effect of surety joining in bond, ib.—of conveyance being expressly in

consideration of covenant, ib.-payable on an incalculable contingency, ib.—or,

expressly, in consideration of a bond, ib.-or, in mere fact, in consideration of

a covenant or bond, 348—if bond be for payment on an incalculable contingen-

cy, ib.-or on calculable contingency, ib.-or for an annuity consideration, 348,

349-or if sale be of a reversion, 349-lien may subsist as to only part of un-

paid money, 350-presumable intention either way may be rebutted, ib.—lien,

how lost as against third parties, ib.-none implied in favor of disqualified par-

ties, ib. is merely equitable, vendor cannot at once sue at law and in equity,

351-its effect when purchase-money remains on mortgage, ib.-vendor cannot

claim mis-calculated interest, ib.

2. Whether the vendor has any remedy if estate has been sold at an under-value, er

more has been conveyed than was intended, p. 351.

Not for mistake as to extent or value of property, 351-or extent of his interest,

352-aliter, if property not intended to be dealt with is conveyed, ib.—
-or if in

fixing price he rely on purchaser's information, 353-or if being ignorant or dis-

tressed he sell at undervalue, ib.-general rule as to distress, ib.-inadequacy of

consideration no general reason for setting aside conveyance, 354-uncertain

amount of purchase-money, ib.-on sales of reversionary interests, onus probandi

lies on purchaser, ib.-what interests are considered such, 254, 355-reversioners

relieved as well as expectant heirs, 355-voluntary confirmation, ib. heir, when

deprived of special protection, 356-adequacy of consideration how determined,

357-sale of goods, ib.-sale fraudulent as against tenant in tail, set aside at suit

of remainderman, 358-terms of relief, ib.--acquiescence and confirmation, 359.

3. Vendor's right of pre-emption under Lands Clauses Consolidation Act, 1845,

p. 359.

Provisions of act in respect of superfluous lands, 359.

4. Vendor's remedies at law and in equity on purchaser's covenants, p. 360.
Purchaser's covenants classified, 360-whether first class run with the land, 361-
second class do not, semble, but in equity bind alienee with notice, ib.-but not
always, 362-third class, remedies on, ib.-Covenantor liable on covenants in
gross, ib.-assignee not liable on collateral covenant, 362, 363-effect of bank-
ruptey, 363.

5. Purchaser's remedies on vendor's covenants, p. 363.

Are in general his only remedies for defects after conveyance, 363-covenants for
title, 364-who are liable on, ib.-benefit of, runs with land, when, 364 to 366-
covenants in conveyance of equitable estate, ib.—assignee may sue on, in name
of covenantee, ib.-breach of covenants for title, ib.-Statute of Limitations, ib.
-covenants for seisin and right to convey, how broken, 367-action before evic-
tion, ib.—covenant for quiet enjoyment, and free from incumbrances, 367—par-
ticular expressions, 368, 369-covenants against known defects, 369-for further
assurance, 370, 371-for title, how restricted, 371-how classified, ib.—restrictive
words, effect of, 372, 373-who may sue for breach, 373, 374-what damages re-
coverable, 374, 375-bankruptcy and certificate, where no defence, 375, 376-for-
merly no action of covenant lay against devisee, 376-alteration under 1 Will.
IV. c. 47, ib.—damages when claimable as debt in administration suit, ib.—not
apportioned between tenant for life and remainderman, 377-purchaser's reme-
dies on vendor's covenants other than for title, 377, 378.

6. Purchaser's remedy in equity under special circumstances, if title prove defective,
page 378.

Purchaser with defective title, when relieved in equity, 378, 379—wilful misrepre-
sentation, 379-fraud of agent, 380-terms of relief, ib.

7. As to purchaser's right to pay off incumbrances out of unpaid purchase-money,
page 381.

8. Purchaser's remedy in equity if he buy his own estate, or if lands are omitted from
conveyance, and as to further assurance in equity and by statute, p. 382.

Purchaser buying his own estate, relieved, 382-whether so if he buy estate which
has no existence, ib.-he may claim lands shown to him, or accidentally omit-
ted, 382, 383--may require vendor to convey subsequently acquired interests,
383-although sale were of mere expectancy, semble, 384, 385—no estoppel by
doubtful recital, 385-voidable estate created by tenant in tail, confirmed by sub-
sequent assurance, ib.

9. As to the general rights and liabilities of purchaser under conveyance, p. 386.
Purchaser's right to rent, 386-to sue for breach of covenant, ib.-re-entry, ib.—
next estate now the reversion, 387-purchaser's rights and liabilities as lessee
cease on conveyance, ib―vendor retaining possession not liable for use and oc-
cupation, ib.-purchaser's will, how affected, ib.-conditional conveyance and
mortgage distinguished, 388.

CHAPTER XV.

AS TO THE EFFECT OF THE CONVEYANCE ON THE ADVERSE
RIGHTS OF THIRD PARTIES.

1. Purchaser without notice, protected by legal estate against prior claimants, p. 389.
If equities equal, legal estate prevails, 389-purchaser without notice paying pur-

chase-money and acquiring legal estate under conveyance, 389, 390—or by sub-
sequent assurance, acquires indefeasible title, 390-though vendor had no title
in equity, 390-notice of another's better right to legal estate is notice of all his
equities, 390, 391-legal estate from trustee with notice, whether available, 391
—from unsatisfied incumbrancer, ib.―best right to call for, protects, 392-equily
will not in general act against bona fide purchaser without notice, ib.

2. Purchaser with mere equitable title is postponed to prior equitable claimants, p. 392.
Between mere equitable claimants prior title prevails, 392—mortgagees by de-
posit bound by secret trust, 393-no priority by notice to owner of legal estate,
ib.-concealed incumbrance thrown wholly on puisne equitable purchaser, ib.-
charities, 394.

3. Purchaser, how far protected against defective execution of powers; against prior
claimants who have encouraged him to purchase; and by Statute in various
cases, p. 394.

Relief against defective execution of powers, 394-against incumbrancers, &c.,
encouraging purchase of, or subsequent expenditure on, property, 395-as-
signees of insolvent delaying to assert their rights yet not postponed, 396—pro-
tection against vendor's assignees in Bankruptcy and Insolvency, 396 to 388-
judgment creditors, 398-defects in fines or recoveries, 399-or in sales of land
tax, ib.-
-or against lis pendens, ib.

399.

4. As to priority under Registration Acts, p.
Protection against unregistered deeds, 399--prior registration conclusive at Law
but not in Equity, ib.--purchaser's title how impeachable under the Acts, 400,
401-priorities under Fines and Recoveries Abolition Act, 402.

5. As to notice-what it is, how it may be proved, and its effect-of void or void-
able estales and voluntary or fraudulent conveyances; equitable relief against
purchaser with notice, p. 402.

Notice of unregistered assurance or judgment must be actual, 402-to solicitor, is
notice to client, ib.—when, by whom, and how, to be given, 402, 403—of doubt-
ful instrument, 401-constructive notice, nature of, 404 to 406-negligence may
have the effect of, 406-notice of particular fact, &c., held to be notice of con-
nected facts, &c., 407-purchaser held to have notice of facts which he ought
to have known, 408, 409-cases where he is not affected with notice, 409 to
412-he need not use excessive caution, 412-notice to counsel, solicitor, or
agent, is notice to purchaser, ib.-although solicitor, &c., is employed by both
parties, or is himself the vendor, 413-professional confidential communications,
notice not to be proved by, 414-cases, opinions, &c., 415-effect of notice, ib.-
of void or voidable estates, agreements, &c., 416 to 419-of fraudulent convey-
ances, &c., immaterial, ib.-what are such, 420-marriage, a consideration,
421-limitations to collaterals, whether valid, 421, 422-supported by necessary
concurrence of third person, 423-or by being prior to limitations to issue of
marriage, ib.-settlement by widow, 424-unexpressed consideration may be
proved, ib.-settlement may be supported by matter ex post facto, ib.-whether
heir or devisee can set aside voluntary or fraudulent deed, ib.-revocable settle-
ments are fraudulent, 425-vendor's want of notice protects purchaser, il.-
settlements to defraud creditor, void, 426-on what terms purchaser evicted if
estate belong to infant, 427-Statute of Limitations begins to run on convey-
ance by trustees, ib.