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AS TO RESTRICTIONS ON THE GENERAL CAPACITY TO BUY
OR SELL REAL ESTATE.
1. Who are generally incompetent to sell, page 1.
Infants, 2—lunatics, 3—married women, 5—traitors, felons, bankrupts and insol-
2. Who are relatively incompetent to sell, p. 7.
Persons having no transferable title, 7-or standing in special relation to proposed
purchaser which secures undue personal influence, ib.
3. Who are generally incompetent to purchase, p.
Corporations, except by license, &c., 8—unincorporated classes, ib.—aliens, re-
cent and present law respecting, 8 to 10—infants, .10-lunatics, 12-married
women, ib.-Roman Catholics, before 10th Geo. IV. c. 7, 13—traitors and fe-
lons, ib.-bankrupts and insolvents, ib., 14.
4. Who are relatively incompetent to purchase, p. 15.
Persons filling fiduciary character, 15-cases in which general rule applies 15
to 19—incompetent purchaser bound at option of parties, interested, 19-cases
in which general rule does not apply, or is relaxed, &c., 19 to 22—nature of risk
incurred by fiduciary purchaser, 22 to 25—what time allowed for impeaching
sale, 25-confirmation and acquiescence by cestuis que trust, 26.
AS TO SALES BY FIDUCIARY VENDORS.
1. As to the tịme for sale, p. 27.
By agents, 27-assignees of bankrupts and insolvents, 28—mortgagees, ib.-statu-
tory owners, ib.-trustees, 28 to 31.
2. As to the manner of sale, p. 31.
Whether by auction or private contract, 31, 32—together, or in parcels, 32, 33—
precautions to secure advantageous sale, 33, 34–sale with consent, what con-
sent sufficient, 34.
3. As to the price, p. 35.
Must be a gross sum, 35-reserved biddings, ib.-opening biddings in bankruptcy,
36—no liability on sale by auction below value, ib.-price on sales under Land
Clauses Consolidation Act, ib.-rescinding contract, 37.
4. General points relating to sales by fiduciary vendors, p. 37.
General liability, 37-sales by, seldom restrained, 38—liability of person assum-
ing to act as trustee, ib.
AS TO THE RELATIVE DUTIES OF VENDORS AND PURCHASERS
PRIOR TO THE SALE.
1. As to the disclosure or concealment of defects, incumbrances, &-c., by vendor, p.39.
Vendor need not point out patent defect, 39—but must not conceal it, 40—sale by
agent, ib.-must in equity disclose latent defect, ib.-must fully disclose title, 41
--but need not point out defects or matters of which purchaser has notice, ib.-
lease is notice, ib.-what facts to be disclosed as material, ib.-inquiry of in-
cumbrancers and trustees, &c., 42.
2. As to commendatory statements, foc., by rendor, p. 43.
Puffing statements, 43—what mis-statement fatal at law and in equity, 44, 45—
stranger, when liable for, ib.-guarantee of solvency, 46.
3. As to concealment, &-c., of advantages by purchaser, p. 46.
He need not disclose concealed advantage, 46—but must not mislead vendor, ib.
must disclose fact increasing vendor's interest, ib.
4. As to depreciatory remarks, foc., by purchaser, p. 46.
Purchaser depreciating property cannot sue in equity, 46—whether liable to ac-
tion, ib.-agreement with, not to bid against, legal, 47..
AS TO THE PARTICULARS AND CONDITIONS OF SALE.
1. General matters relating thereto and their construction, p. 48.
Construed strictly against vendor, but not so as to contravene law or custom, 48
purchaser when bound by catching conditions, 49-particulars, &c., cannot be
contradicted, &c., by parol, except on behalf of defendant in equity, 50—altera-
tion of printed particulars, ib.-sale without reserve, 51.
2. As to the preparation and contents of particulars, p. 51.
Description of property, 51—what estate and advantages implied, ib.-minerals,
when not included, 52—permanent charges, &c., to be stated, ib.—unless pur-
chaser has notice, 53—but there must be no misrepresentation, &c., ib., 54—re-
moval of buildings when to be stated, ib.-reference to plan, 55—showing in-
tended improvements, ib.--adjoining land described as building land, ib.-mean-
ing of particular descriptive expressions, 56.
3. As to the conditions, p. 57.
Against retracting biddings, 57—for reserved biddings, ib.
:-as to the deposit, ib. -
abstract, 57, 58--time for completion, and interest, 58 to 60—conveyance, 60–
apportionment of rent, ib.--crops, fixtures, and timber, 61-mis-descriptions and
compensation, 62 to 65—deeds, attested copies, &c., 65, 66—title, &c., 66 to 68—
identity, 69–expenses, 70-indemnity, ib.-time for objections, 70 to 72—resale
and forfeiture of deposit, 73---facts stated in, must be proved, ib.
5. General remarks on special conditions, p. 76.
se of, by fiduciary vendors, 76, 77–expenses on sale in lots, 77-power to sell
under, 78—misdescriptions, ib.-covenants, ib.
THE SALE AND MATTERS CONNECTED THEREWITH.
1. Auction, what it is, p. 80.
Defined, 80-express direction to sell by, ib.
2. The auctioneer, his liabilities, power, and remuneration, p. 80.
When liable as principal, 80-cannot vary terms after sale, ib.--his power, rights,
and liabilities as respects deposit, 81-commission, 82-insolvent, vendor bears
loss, ib. -agent for parties within statute of frauds, ib.-revocation of his autho-
rity, 83—whether signing as agent he can sue principal, ib.
3. Agents, p. 83.
How appointed, 83—private instructions to, 84-apparent agent, ib.--purchaser,
how bound by acts of, ib.-agency denied, ib.-contract by agent, nominally as
principal, or by nominal agent, 85—contract by, how to be signed, ib.--of un-
disclosed principal, 86—has no implied power to receive purchase-money,
order to, to pay it over, ib.--commission, ib._authority of, may be revoked, ib.
-or unauthorized acts adopted, when, ib.
4. The deposit, p. 87.
Its nature, 87-how to be paid, ib.--cheque for, 88–investment, ib.—forfeiture, ib.
-retainer by vendor, ib.-loss, 89.
5. Puffers and reserved biddings, p. 89.
One bidder allowed in equity, when, 89—not at law, semble, ib.-purchasing by
1. General necessity for a writton agreement, p. 91.
Statute of Frauds, 91—what sales not within, ib.-parol agreement for lease, &c.,
void, ib.-parol license, 92-agreement substantially for sale, ib.-void agree-
ment may excuse trespass, 93—written transfer of parol agreement, ib.—what
shares within 4th section, ib.-growing crops, 93 to 95—tenants' agreements, 95
-agreements as to rent, ib.-agreement partially void, when void in toto, 96.
2. Preparation of formal agreements, p. 96.
Representatives, whether to be named in, 96—agreement on sale by auction refers
to particulars, &c., ib.--on private sale, comprises what, ib.- :-on sale to railway
companies, &c., 97.
3. What informal documents may constitute an agreement, p. 97.
What a sufficient agreement, 97—letters, receipt for money, entry of sale, arbitra-
tion bond, notice by or to company, 97 to 99-rent rolls, abstract, insufficient, 99
— letters, when insufficient, ib.-recital, sufficient, 100-document must consist
with alleged parol agreement, ib. --names of parties, ib.-offer by letter, 101–
description of property, ib.-terms must be fixed, ib.—either by signed document
or documents there referred to, 102—what reference sufficient, 102, 103-cor-
respondence, when an agreement, 104-conditional acceptance, ib.-withdrawal
and acceptance of offer, 104, 105-agreement sent as instructions, 105.
4. The signature, p. 105.
Of party charged sufficient, 105—other party must elect, ib.—what sufficient, 106–
by agent, ib.-place for, ib.-signature as witness, 107_approval of draft agree-
ment, &c., ib.-signature by public companies, 108—unauthorized alteration of
agreement after signature, ib.
5. The stamps, p. 109.
What necessary on agreement, 109_several, when requisite, 110-loss of un-
stamped agreement, ib.-document purporting to be, when chargeable as con-
veyance, 111-agreement in evasion of stamp laws, ib.
6. Illegal agreements, p. 111.
Agreement for illegal purpose, void, 111-champerty and maintenance, 111, 112–
splitting votes for elections, 113.
1. Purchaser entitled to estate and vendor to purchase-money, p. 114.
Estate bound though vendor a trustee, &c., 114.
2. Purchaser's general rights under contract as against vendor, p. 115.
General nature of his interest, 115—it may be aliened, ib.-crops, windfalls, tim-
ber, &c., 115, 116–contract voidable, if property altered, ib.--he takes accident-
al benefits, and bears losses, ib.-in what cases, 116, 117–compulsory power of
purchase not exhausted by contract, 118.
3. Vendor's general rights under contract against purchaser, p. 118.
Vendor has a lien on estate, 118—may restrain fall of timber, when, ib.-judg-
ment against, charges purchase-money, 119-he may keep estate and deposit,
when, ib.-rights of, as landlord, how affected, ib.-cannot sue purchaser for
use and occupation, when, ib.
4. Rights of vendor and purchaser, inter se, not affected by death, bankruptcy, foc.,
of either party, p. 120.
5. Death of vendor before completion, its effect on relative rights of his real and per-
sonal representatives, under old and under new Law, p. 121.
Purchase-moneys go to personal, and interim rents and legal estate to real repre-
sentatives, 121-conveyance of, how obtainable, ib.--contract under old law
revoked prior devise in Equity, ib. 122-notice by company, whether a con-
tract, ib.-relative rights of representatives depended on his liability to per-
form contract, 122, 123-subsequent events immaterial, if contract binding, ib. —
rescinding of, or abandonment of contract, its effect, ib.—estate contracted for,
how affected by devise, 124-effect of 1 Vict. c. 26, ib.
6. Death of purchaser before completion : its effect on relative rights of his real and
personal representatives under old and under new Law, p. 125.
Such rights depended on his liability to perform contract, 125—if not so liable,
heir had no claim on personal estate, ib.--relative rights of heir and devisee,
126-election, ib.-devisee's right to purchase-money, ib.--conveyance revoked
will, when, 127_devise of land contracted for, &c., ib.-rights of heir and de-
visee since 1 Vict. c. 26, ib.-purchase of fee by termor, 128.
7. Effect of contract in various special cases, p. 128.
Mortgagee selling, may sue for mortgage debt, 128—liability of equitable pur-
chaser of lease, 129—of lessor agreeing to buy underlease, ib.—of assignees,
selling lease, ib.-agreement, excluded dower of after-taken wife, ib.
1. General matters relating to the abstract, p. 130.
Purchaser's right to, and to retain, 130—-must be given up, if contract abandoned,
ib.-vendor pays for, ib.except on sales to railway companies, &c. ib.
2. When it is perfect ;-what it must contain and show, p. 131.
When perfect, 131-should state written consent of consenting parties, 132~-
must show where legal estate is vested, ib.-showing future title, insufficient
at Law, ib.-incumbrances, whether a defect in Equity, 133—title good,
though conveyance delayed, ib.-showing tenancy in tail, whether sufficient,
3. What should be furnished in various cases, p. 134.
On purchase by tenant in common, &c., 134–of allotment, ib.-land taken in ex-
change, 135—from the Church, or under Inclosure Acts, ib.-or from a charity,
136—estate, with attendant terms, ib.—enfranchised copyholds, 137—leaseholds
ib.-renewable, or for lives, 138-shares in mines, ib.-or pews, ib.-must go
back 60 years, ib.-or 100 years on sale of advowson, 139—must show creation
of reversionary interest, ib.—except on sale of old term, ib.-rule the same,
though estate be equitable, 140.
4. Ils preparation, contents, and delivery, p. 140.
It should commence with a document, 140—of what kind, 140 to 142–exception,
142—should be continued regularly from commencement, ib.—all documents
affecting legal estate should be abstracted, 143—in chief, ib.-statements of
pedigree, ib.--documents evidencing immaterial or satisfied equities, 143 to
145—loss of deeds, 145—should notice judgments, &c., ib.—and be accompanied
by what documents, &c., ib.-should be copied legibly, &c., 146-non-delivery
Ils examination and perusal, p. 147.
When to be compared with deeds, 147-consulting counsel, ib.—its perusal, 148
-acceptance of title shown by, 149—defects in title, when not to be communi-
6. Verification of the abstract, p. 149.
What evidence requisite in proof of documents and facts, 149—of private Acts,
ib.—inclosure awards, ib.--copyhold assurances, ib.-deeds, 151—recitals of,
when evidence, 153, 154-proof of Fines and Recoveries, 154, 155—of grant
from Crown, ib.—proceedings at Law and in Equity, ib. Bankruptcy and In-
solvency, 156—ander 1 & 2 Vict. c. 94, ib.-proof of will, 156 to 158—negative