A Digest of the Laws of England Respecting Real Property, 4권

Saunders and Benning, 1835

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A Rent may be reserved	27

CHAP III	32

And Terms for Years	33

Payment of Purchase Money	39

Distinguished from Bargains and Sales under	42

CHAP IV	45

May be by Attorney	48

CHAP V	54

Guardians	68

Partition	74

Trustees	75

Extinguishment	81

Must be by Deed or Note in writing	89

Who may be Lessees	93

Recognizance	95

What may be conveyed	97

A Use only arises to those within the consideration	106

CHAP XI	113

Sect Page 1 Origin and Nature of	118

No Consideration necessary	120

Deeds to declare Uses	125

Conflicting declarations of Use in same instrument	127

Who may declare Uses	128

Married Women id	130

Uses may be declared on a Lease and Release	131

CHAP XIII	133

Powers relating to the Land	134

Or in Gross	135

Powers simply collateral to the Land id	136

A Power to appoint implies a Power to revoke	137

And includes a Right to reserve a new Power	138

Unless the Power be collateral	139

Married Women	142

Who may be appointees	146

Sect Page	149

CHAP XV	157

A general Power only authorizes Leases in Possession	165

id	173

What is the best Rent	175

What acts they do and do not authorize id	181

CHAP XVII	188

or Will	194

But it must be properly executed	195

Unless the Power is collateral	196

The Power need not be recited	197

But the Instrument must refer to the Estate	198

A Power may be executed by several Assurances	200

45	201

Where a Power is exceeded the Excess only is void in Equity	202

An Appointment may give a less Estate	205

Or direct a Sale and appoint the Money	206

When illusory	207

When not there being special words	208

Or it is equivalent to absolute Ownership	212

Where an Instrument operates as a Appointment id	219

Will not defeat a prior Estate	221

CHAP XVIII	222

In Favour of Children	226

Though provided for	227

In Favour of Creditors id	228

Or where there is Fraud	229

CHAP XIX	233

Powers in gross not barred by an innocent Convey ance of the Estate of the Donee id	235

Secus where the Estates are devested	236

May be released	237

Powers simply collateral not barred by any Con veyance	238

A Power may be forfeited to the Crown	239

A Power may be extinguished	241

CHAP XX	242

Where a Deed is uncertain it is void	246

Words sometimes rejected	247

Settlements rectified	248

Where the Grantee has an Election how to take	251

No Averments admitted against Deeds	253

But admitted in support of them	254

And where there is an Ambiguity	255

And where there is Fraud or Mistake	256

Construction of Conveyances to Uses	257

Of Declarations of Trust	258

CHAP XXI	260

Parties	261

How to be described id	263

Consideration	264

Description of the Things granted	265

Effect of Additions to the Description	269

Limitation to the Heirs of the Body of A	284

Usual Mode of limiting Estates Tail	285

What Words create an Estate for Life	287

What Words create an Estate for Years or at Will	288

What Words create a Tenancy in Common	292

What Words create Cross Remainders	298

Cases of Marriage Articles	302

CHAP XXIII	304

How mediate Limitations are vested	305

Of Joint and several Limitations	308

Both Estates must be by the same Instrument 28 The Rule not extended to the Words Son Child c id	312

Nor to the Word Heir in the singular Number id	313

Settlements in pursuance of Articles rectified	323

Except there are Purchasers	325

But is now applied	327

Unless a contrary Intention appears	328

Sect Page 1 Perpetuities discouraged	330

History of Settlements	332

Settlements of Estates for Life	333

Settlements of Estates for Years	334

Alienation may be restrained during Lives in being and twentyone Years after	338

This Rule applied to Springing and Shifting Uses	345

And to Uses arising from Appointments	346

And to Declarations of Trust of Terms for Years	349

But not to Remainders after Estates Tail id	350

CHAP XXV	352

Condition id	354

Express Warranty	355

Implied Warranty	357

Lineal Warranty	358

Only Binds the Heir where he has Assets	359

Statute of Gloucester	361

Does not extend to collateral Warranty id	362

But not the Reversion	363

Statute 11 Hen 7 c 20	365

Statute 4 Anne c 16 id	366

Sect Page 1 Nature of	367

No technical Words necessary	368

How construed	369

Qualified by express ones	370

Covenants Real	371

Extend to all claiming under the Grantee	372

ExceptionUndertenants	374

The Assignor still liable	375

General and specific Covenants	376

Usual Covenants for the Title	377

For quiet Enjoyment	378

Free from Incumbrances	380

These Covenants run with the Land	381

Are now usually restrained	382

According to the Title of the Vendor	384

Who are held to claim under the Vendor	386

Who are bound to covenant for the Title	388

Remedies under these Covenants	389

Covenants in Assignments of Leaseholds	392

Covenants for Renewal of Leases	393

CHAP XXVII	404

Disagreement	406

Duress	407

Erasure or Interlineation id	408

Where it is Usurious	409

When obtained by Fraud	410

Or made in Derogation of the Rights of Marriage	413

All Deeds are void as to Crown Debts	419

The Crown entitled to a Term to attend	421

CHAP XXVIII	423

What Deeds are void by these Statutes	424

Or to defraud Purchasers	425

Notice is immaterial id	426

Voluntary Conveyances void against Purchasers	427

Though with Notice	428

And Conveyances with Power of Revocation	431

Who are deemed Purchasers	433

Voluntary Conveyances binding on the Party	434

And good as to subsequent voluntary Conveyances id	435

Proviso for Deeds made on good Consideration	436

How far the Consideration of Marriage extends	442

Settlement by a Widow on her Children	443

CHAP XXIX	445

Registering an Assignment is not a register of the Lease	449

Registering is not Notice id	452

The Notice must be fully proved	458

Utility of the Register Acts	459

Register of Annuities	461

Register of the Bedford Level id	462

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A Digest of the Laws of England Respecting Real Property, 4권
William Cruise
전체보기 - 1835

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advowsons afterwards agreed alienation appointment assigned bargain and sale bind bond CHAP commence common law confirmation consideration contract conveyance conveyed Court of Chancery court of equity covenant to stand created death declared deed poll defeasance delivered delivery demised effect Eliz enrolled enure estate tail exchange executed fee simple feme covert feoffee feoffment feoffor freehold given grant grantor habendum held hereditaments husband and wife indenture infant Infra Inst intention interest issue jointure lands lease and release lessee lessor levied limitation livery of seisin Lord Coke Lord Macclesfield lunatic manor marriage married ment operate parol agreement parties performance plaintiff possession power of revocation premises privity purchase real estate recovery remainder-man rent respect seal SECT settled settlement stand seised stat statute of Frauds sufficient surrender tenant in tail term thereof three lives trustees vested void voidable words writing

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제목	A Digest of the Laws of England Respecting Real Property, 4권 A Digest of the Laws of England Respecting Real Property, Henry Hopley White
저자	William Cruise
에디션	4
발행인	Saunders and Benning, 1835

서지정보 내보내기	BiBTeX EndNote RefMan

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Clause respecting Deeds	271

Habendum	272

But may qualify them	274

Sometimes not controlled by the Premises	275

CHAP XXII	277

over	281

Limitation to a Man and his Wife and the Heirs of their Bodies	282

Distinction between Heirs of the Body and upon or on the Body	283

도서

A Digest of the Laws of England Respecting Real Property, 4권

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Nature of Deeds	1

CHAP	2

Sect	3

Deed Poll	8

Infants	11

Can only be between two Parties	12

Requires a pecuniary consideration	19

Proper Stamps	25