A Concise Treatise on the Law Relating to Sales of Land |
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Other editions - View all
A Concise Treatise on the Law Relating to Sales of Land Aubrey John St Clerke,Hugh McNab Humphry No preview available - 2015 |
A Concise Treatise on the Law Relating to Sales of Land (Classic Reprint) Aubrey St John Clerke No preview available - 2015 |
Common terms and phrases
22 Beav abstract agent agreement arbitrator ascertained assigns Att.-Gen auctioneer authority Beav binding Bing Chap chaser compensation conditions of sale constructive notice contract convey Conveyancing Act copyhold Court Court of Equity covenant deed deposit document dower duty Earl easements enforced entitled equitable evidence executed executors fact fee simple fixed freehold grant Hare held Ibid Jessel Jones lease leaseholds legal estate legal personal representative lessee lessor liable licence lien Lord memorandum ment misdescription mortgage mortgagor Moxhay notice option owner paid parol particulars parties payment person plaintiff possession power of sale purchase-money Rail receipt registered remainderman rent requisitions rule SECT sell Settled Land Act settlement settlor signature signed Smith sold solicitor specific performance Statute of Frauds stipulation sub-s sufficient tenant tion trustees unless valuation Vendor and Purchaser Vict writing
Popular passages
Page 5 - That all leases, estates, interests of freehold, or terms of years, or any uncertain interest, of, in, to or out of any messuages, manors, &c. made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorised by writing, shall have the force and effect of leases or estates at will only...
Page 391 - If a stranger begins to build on my land, supposing it to be his own, and I, perceiving his mistake, abstain from setting him right, and leave him to persevere in his error, a court of equity will not allow me afterwards to assert my title to the land on which he had expended money on the supposition that the land was his own.
Page 413 - ... must be tried upon principles substantially equitable. Two circumstances always important in such cases are the length of the delay and the nature of the acts done during the interval, which might affect either party and cause a balance of justice or injustice in taking the one course or the other, so far as relates to the remedy.
Page 383 - Though it is sometimes contained in the written instrument, it is not an integral part of the contract ; and, consequently, the contract is not broken though the representation proves to be untrue ; nor (with the exception of the case of policies of insurance, at all events marine policies...
Page 519 - I mention that because it is important to express my view that, in cases of this sort, where the question is whether the one party is set free by the action of the other, the real matter for consideration is whether the acts or conduct of the one do or do not amount to an intimation of an intention to abandon and altogether to refuse performance of the contract.
Page 211 - The right to the use of water rests on clear and settled principles. Primd facie, the proprietor of each bank of a stream is the proprietor of half the land covered by the stream, but there is no property in the water. Every proprietor has an equal right to use the water which flows in the stream, and consequently no proprietor can have the right to use the water to the prejudice of any other proprietor. Without the consent of the other proprietors, who may be affected by his operations, no proprietor...
Page 162 - Court, on the request of the mortgagee, or of any person interested either in the mortgage money or in the right of redemption, and notwithstanding the dissent of any other person, and notwithstanding that the mortgagee or any person so interested does not appear in the action, and without allowing any time for redemption or for payment of any mortgage money, may, if it thinks fit, direct...
Page 523 - ... We think that so long as he has made no election he retains the right to determine it either way, subject to this, that if in the interval whilst he is deliberating an innocent third party has acquired an interest in the property, or if in consequence of his delay the position even of the wrongdoer is affected, it will preclude him from exercising his right to rescind.
Page 383 - ... consequently, the contract is not broken though the representation proves to be untrue; nor (with the exception of the case of policies of insurance, at all events, marine policies, which stand on a peculiar anomalous footing) is such untruth any cause of action, nor has it any efficacy whatever unless the representation was made fraudulently...
Page 313 - It is within his own knowledge, or would have come to his knowledge if such inquiries and inspections had been made as ought reasonably to have been made by him...