A Digest of the Laws of England Respecting Real Property, Band 2

Cover
Saunders and Benning, 1835
 

Ausgewählte Seiten

Inhalt

Unless there is Collusion
11
A Lease may determine by Bankruptcy
12
Conditions against Marriage
14
Are construed strictly
19
Widows may be restrained from Marriage
22
At what Time
23
What will excuse a nonperformance
30
Or a Charge on the Real Estate
34
Does not defeat Copyhold grants
36
How they are determined
38
Judgment and Elegit
42
Execution upon a Judgment
48
What is not liable to an Extent
54
CHAP I
64
A Power of Sale may be given to a Mortgagee
78
Must be executed by Entry
80
Must account for the Profits
87
Sect Page 1 Nature of
92
How long they may endure
93
Is Alienable Devisable and Descendible
94
Subject to Curtesy
95
But not to Dower
97
Unless the Mortgage be for Years
102
Is Assets in Equity
103
And sometimes Legal Assets
104
A Dowress Jointress and Tenant by the Curtesy
105
Whoever Redeems must do Equity
106
No precise Time is fixed for Redemption
113
But twenty years Possession is a Bar id
114
II Where an Account has been Settled
116
Where the Mortgage has been Acknowledged
117
Where no Time is appointed for Payment
118
Where the Mortgagor continues in Possession
121
Where there is Fraud in the Mortgagee
122
CHAP IV
123
Even in favour of a Devisee
124
A Disposition of the Personal Estate will not alter this Rule
125
Nor a Charge on the Real Estate id
126
And also Lands descended
128
The Personal Estate may be Exempted
136
A specific Gift of a Chattel will Exonerate it
137
When the Personal Estate not liable
138
effective
167
A Judgment Creditor cannot tack
173
Where a Declaration of Trust of a Term is sufficient
186
At what time a Prior Incumbrance may be got
194
Sect Page
197
Vested Remainders
203
Heir sometimes a descriptio persona
209
An intervening Remainder may be contingent and
216
Adverbs of time only denote the period when a
225
Sect Page 9 Not repugnant to any Rule of Law
232
It must not operate to abridge the particular Estate
234
Conditional Limitations
238
Estates may be enlarged on condition
239
CHAP III
241
A right of entry to a Freehold is sufficient id
245
Remainders by way of Use
261
Will Devest in favour of Persons becoming entitled
262
Springing Uses
263
Shifting Uses
264
Shifting Clauses in Settlements
266
Out of what Seisin they arise
267
Sect Page
269
Where Created without Transmutation of Possession id
276
Observations on the Doctrine of the Scintilla Juris
282
Sometimes not punished for destroying Contingent
288
Bound to Preserve Timber c
301
CHAP VIII
326
Exception to this Rule
332
TITLE XVII
334
Arises from the Construction of Law
336
Is a vested Interest
337
After Estates for Years are present Assets
338
After Estates for Life are quasi Assets id
339
And liable to the Bond Debts of the Settlor id
356
Liable to Judgments c
359
And also to Leases
360
All particular Estates merge in the Reversion ex cept Estates Tail
362
TITLE XVIII
363
In Joint Tenancy
364
Circumstances required to this Estate
366
Unity of Title
367
Unity of Possession
369
Joint Tenancies go to the Survivor id
370
Who may be Joint Tenants
372
Husband and Wife cannot be Joint Tenants
373
Not subject to Curtesy or Dower
375
89
376
The Possession of one is that of the other
377
Sect Page 2 Destruction of the Unity of Interest
378
Of the Unity of Title
379
By Alienation to a Stranger
380
Exception Devise
382
By an Agreement to Alien id
384
By Partition in Chancery
388
By an Agreement to make Partition
389
By Devolving to one Person
390
TITLE XIX
391
The Possession of one is that of the other
392
Subject to Curtesy and Dower
394
By Writ of Partition
395
What may be Divided by it
396
By Partition in Chancery
397
Incidents after Partition id
398
TITLE XX
399
Remedies against each other id
400
The Possession of one is that of the other
402
Subject to Curtesy
408
And to Dower
409
Destroyed by Voluntary Partition
410
By Partition in Chancery
411
By Partition under an Inclosure Act
413
By Uniting all the Titles
414

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Seite 149 - ... or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit but within six years next after the same respectively shall have become due, or next after an acknowledgment of the same in writing shall have been given to the person entitled thereto, or his agent, signed by the person by whom the same was payable, or his agent...
Seite 149 - December, one thousand eight hundred and thirty-three, no arrears of rent or of interest in respect of any sum of money charged upon or payable out of any land or rent, or in respect of any legacy, or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit, but within six years next after the same respectively shall have become due...
Seite 204 - ... covenanted to stand seised, to the use of himself for life, remainder to the use of his wife for life, remainder to the use of his daughter for life, remainder to her first and other sons in tail, reversion to his own right heirs.
Seite 53 - June, no Writ of Fieri facias, or other Writ of Execution, shall bind the Property of the Goods against whom such Writ of Execution is sued forth, but from the Time that such Writ shall be delivered to the Sheriff...
Seite 207 - The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent.
Seite 46 - September be made and executed shall be adjudged fraudulent and void («) against any subsequent purchaser or mortgagee for valuable consideration, unless such memorial thereof be registered as by this Act is directed before the registering of the memorial of the deed or conveyance under which such subsequent purchaser or mortgagee shall claim...
Seite 179 - It is as impossible to reduce men's minds to the same standard, as it is to bring their bodies to the same dimensions; but in the one case, as well as in the other, there is a general agreement and similarity, any wide departure from which is instantly perceived to be eccentric and extravagant. The question is, not...
Seite 111 - 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...
Seite 111 - ... but where there shall be more than one mortgagee or more than one person claiming the estate or interest of the mortgagee or mortgagees, such acknowledgment signed by one or more of such mortgagees or persons, shall be effectual only as...
Seite 202 - Langston, for and during the term of his natural life, without impeachment of waste ; — and from and after the determination of that estate by...

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