The Theory and Practice of Conveyancing, Volume 2S. Sweet, 1841 - Conveyancing |
From inside the book
Results 1-5 of 84
Page 22
... doubt whatever of its legal and technical effect . In these cases also , it is always to be remem- bered , that that should never be stated as the effect of the deed or will , which is in fact only the probable construction of it . The ...
... doubt whatever of its legal and technical effect . In these cases also , it is always to be remem- bered , that that should never be stated as the effect of the deed or will , which is in fact only the probable construction of it . The ...
Page 23
... doubt can be entertained of it . From neglecting to attend to these considerations , titles , which often appear good on the face of the recitals , would be found to be doubtful , or absolutely bad , if the deeds themselves were ...
... doubt can be entertained of it . From neglecting to attend to these considerations , titles , which often appear good on the face of the recitals , would be found to be doubtful , or absolutely bad , if the deeds themselves were ...
Page 30
... doubt , it will always be the safer course to take too much of the deed rather than too little . The words which limit the estate should be given verbatim , except in some particular cases , as the assignment of terms , for instance ...
... doubt , it will always be the safer course to take too much of the deed rather than too little . The words which limit the estate should be given verbatim , except in some particular cases , as the assignment of terms , for instance ...
Page 44
... doubt that the giving up a right without fraud is a valuable consideration , —the releasor parts with that for which the other may reasonably give money 6. " This being so , notice of a former voluntary settlement is immaterial , " it ...
... doubt that the giving up a right without fraud is a valuable consideration , —the releasor parts with that for which the other may reasonably give money 6. " This being so , notice of a former voluntary settlement is immaterial , " it ...
Page 46
... doubt arises as to the real value of the consideration , or as to the real motive of the debtor in making the agreement , such question must be decided by the jury , who will determine whether it is a bonâ fide transaction or a mere ...
... doubt arises as to the real value of the consideration , or as to the real motive of the debtor in making the agreement , such question must be decided by the jury , who will determine whether it is a bonâ fide transaction or a mere ...
Contents
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Common terms and phrases
abstract act of Parliament administration afterwards agreement annuity appointment assignment attested authority bill charged chaser circumstances common law considered contract convey conveyance copyhold Court of Chancery court of equity covenant creditors death debts deceased declared decree deed defendant devise doubt duty effect entitled evidence execution executors feme covert fraud freehold gavelkind given grant ground heirs held hereditaments husband instrument intention interest judgment lands lease leasehold legacy legatee limited Lord Chancellor Lord Eldon Madd manor marriage Master ment mortgage objection opinion paid party payment personal estate plaintiff possession principle purchase-money purchaser purpose question real estate recital refused remainder rent respect revocation rule Russ Sect seised seisin settlement shew solicitor specific performance statute Statute of Frauds sufficient surrender tail tenant term testator's thereof tion trustees unless vendor vested void wife words
Popular passages
Page 313 - Expectancy, or over which such Person shall, at the Time of entering up such Judgment or at any Time afterwards, have any disposing Power which he might, without the Assent of any other Person, exercise for his own Benefit...
Page 384 - ... in such possession or receipt, then such right shall be deemed to have first accrued at the time of such death ; and when the person claiming such land or rent shall claim in respect of an estate or interest in possession...
Page 194 - And be it further enacted, that it shall be lawful for every person to devise, bequeath, or dispose of, by his will executed in manner hereinafter required, all real estate and all personal estate which he shall be entitled to, either at law or in equity, at the time of his death, and which, if not so devised, bequeathed, or disposed of, would devolve upon the heir-at-law, or customary heir of him, or, if he became entitled by descent, of his ancestor, or upon his executor or administrator...
Page 384 - ... land or rent, shall be deemed to have first accrued, either at the determination of such tenancy or at the expiration of one year next after the commencement of such tenancy, at which time such tenancy shall be deemed to have determined...
Page 578 - BY the 4th section of the statute of frauds," it is enacted that " no action shall be brought whereby to charge any person upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which such action shall be brought, or some memorandum or 'note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 109 - Rotulorum and two justices of the peace and the clerk of the peace of the same county or counties or two of them at the least whereof the clerk of the peace to be one; and the same enrolment to be had and made within six months next after the date of the same writings indented...
Page 384 - Chancellor in matters of lunacy, whereby any sum of money, or any costs, charges, or expenses, shall be payable to any person, shall have the effect of judgments in the superior courts of common law...
Page 210 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Page 384 - ... or some person through whom he claims, shall, at any time previously to the creation of the estate or estates which shall have determined, have been in possession or receipt of the profits of such land, or in receipt of such rent.
Page 384 - Name in his own Right, or in the Name of any Person in Trust for him...