An Introduction to Conveyancing, and the New Statutes Concerning Real Property: With Precedents and Practical Notes, Volume 1

Front Cover
S. Sweet, 1840 - Conveyancing - 685 pages

From inside the book

Contents

FINES AND RECOVERIES ACTcontinued
15
TENUREContinued
16
Estates might be defeated but not raised by means
23
INHERITANCEcontinued
29
Nature of a
32
The statute ameliorated the condition of the legal ownership
34
Equitable interests were devisable
38
ancing
48
MODERN SYSTEMcontinued
50
uses not so executed took the name of trusts
54
On what grounds the doctrine as to a use upon a use
60
Examination of the doctrine of scintilla juris to feed future
67
Of procuring the execution by the grantee
77
A testamentary power over land conferred by the legislature
82
Extraordinary Assurances
84
33
91
WILLScontinued
93
DOWERcontinued
96
Passive truststheir prevalence referred to several causes
104
CHAPTER IV
110
MODERN SYSTEMcontinued
111
40
125
The generally liberal character of the law as to both the substance
126
INHERITANCE3 4 Will 4 c 106 Royal Assent 29th
131
113
137
Nature of a fine
138
131
148
defect of jurisdiction
149
Indentation when requisite
160
Covenant to stand seised
162
132
165
system
172
APPORTIONMENT4 5 Will 4 c 22 Royal Assent 16th June
177
The protector not required to convey
182
Effect of assurances by tenant in tail under the old law
188
135
203
how far governed by analogy to legal rules
208
Consequence of the abolition of fines and recoveries as regards
210
General merits of the
216
LIMITATION OF ACTIONS AND SUITScontinued
222
117
223
LIMITAITON OF ACTIONS AND SUITScontinued
232
Whether governed in all respects by the same rules
253
How far the principles of the old law are still in force
271
Admission of the lineal ancestry
319
VOL I
321
236
322
Whether under the execution of a joint power vested in
327
WILLS7 Will 4 1 Vict c 26 Royal Assent 3rd July 1837
341
243
348
Objections to the old law as regards the doctrine
353
WILLScontinued
357
acknowledgment of signature
359
410
367
Assumption that litigation would be prevented by
369
WILLScontinued
373
Suggestion for placing the law in this respect on
375
as to making all the words speak in their actual
377
of an unrevoked will not within the
381
In what cases the intention may be promoted by this rule
388
As to estates in possession devolving on the death
401
Future gifts generally
402
vivos
409
Real and personal estate still disjoined in point of juris
410
WILLScontinued
435
Right of entry how lost
440
122
445
CONCLUSION
447
As to Copyholdshow conveyed and of what limitations susceptible
452
Alienees of the land taking without notice of the use were not bound
456
Statute of uses
459
Inference thence drawn that the use was unconnected with the land
467
Mortgagees not in possession whether included
471
204
478
Questions concerning the existing division of the owner
480
A summary view of the nature and tendency of a general
487
The rule against perpetuities
493
The large dominion thus unnecessarily conferred on
498
205
500
208
513
423
517
424
526
44
551
Definition and classification of contingent remainders
553
Sixty years title
564
Tables of descent
575
67
582
Whether a person signing for the testator may be also
587

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Page 378 - ... is required for the execution of the will ; but the will, with such alteration as part thereof, shall be deemed to be duly executed if the signature of the testator and the subscription of the witnesses be made in the margin or on some other part of the will...
Page 356 - 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 578 - A fourth rule or canon of descent is this: that the lineal descendants, in infinitum, of any person deceased, shall represent their ancestor, that is, shall stand in the same place as the person himself would have done had he been living.
Page 276 - And be it further enacted, that when a mortgagee shall have obtained the possession or receipt of the profits of any land, or the receipt of any rent, comprised in his mortgage, the mortgagor or any person claiming through him shall not bring a suit to redeem the mortgage but within twenty years next after the time at which the mortgagee obtained such possession or receipt...
Page 48 - ... and many other inconveniences have happened and daily do increase among the King's subjects, to their great trouble 'and inquietness, and to the utter subversion of the ancient common laws of this realm...
Page 460 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...
Page 552 - ... technical words, or words of known legal import, must have their legal effect, even though the testator uses inconsistent words, unless those inconsistent words are of such a nature as to make it perfectly clear that the testator did not mean to use the technical words in their proper sense; and so it is said by Lord Redesdale in Jesson v.
Page 578 - On failure of lineal descendants, or issue, of the person last seised, the inheritance shall descend to his collateral relations, being of the blood of the first purchaser; subject to the three preceding rules.
Page 326 - An Act for abolishing arrest on mesne process in civil actions, except in certain cases; for extending the remedies of creditors against the property of debtors ; and for amending the laws for the relief of insolvent debtors in England.
Page 544 - U"! be limited to A- for life> remainder to B. for life or in tail, remainder to the heir or heirs of the body of A...

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