A Digest of the Laws, of England Respecting Real Property, Volume 4A. Strahan, 1804 |
Contents
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Other editions - View all
Common terms and phrases
abſolutely affigns alſo appointment aſſigned bargain and ſale becauſe cafe caſe collateral warranty common law confideration conſequence conveyance conveyed court court of equity covenant covenant to ſtand declaring the uſes deed demiſed deviſed eftate eſtate eſtate tail executed expreſs faid fale fame feal feoffee feoffment fettlement firſt freehold fuch fuffered fufficient furrender grant grantor heirs husband indenture inferted Inft inrolled Inſt intereſt iſſue lands laſt leafe leaſe leffor leſſee leſſor levied livery of ſeiſin Lord Coke manor marriage ment muſt nants neceſſary obſerved parties paſs paſſed perſon poffeffion poſſeſſion power of revocation premiſes preſent privity purchaſer purpoſe queſtion raiſe reaſon recovery referved releaſe remainder rent reſpect reſtrained reverſion ſaid ſame ſays ſecond ſeveral ſhall ſhe ſhould ſome ſon ſtand ſeiſed ſtated ſtatute ſtranger ſubject ſubſequent ſuch tenant in tail theſe thoſe truſtees unleſs uſes uſually vendor veſted Vide void warranty wife witneſſes words
Popular passages
Page 550 - ... be paid into the Bank of England in the name and with the privity of the Accountant-General of the Court of Chancery...
Page 41 - Tenement is a word of still greater extent, and though in its vulgar acceptation it is only applied to houses and other buildings, yet in its original, proper, and legal sense it signifies everything that may be holden, provided it be of a permanent nature ; whether it be of a substantial and sensible, or of an unsubstantial, ideal kind.
Page 165 - If this be all, the bond is called a single one, simplex obligatio;* but there is generally a condition added, that if the obligor does some particular act, the obligation shall be void, or else shall remain in full force: as, payment of rent; performance of covenants in a deed; or repayment of a principal sum of money borrowed of the obligee, with interest, which principal sum is usually one half of the penal sum specified in the bond.
Page 10 - When the several parts of an indenture are interchangeably executed by the several parties, that part or copy which is executed by the grantor is usually called the original...
Page 373 - Eliz. is this; if there is a voluntary conveyance of real estate or chattel interest by one not indebted at the time, though he afterwards becomes indebted, if that voluntary conveyance was for a child, and no particular evidence or badge of fraud to deceive or defraud subsequent creditors, that will be good ; but if any mark of fraud, collusion, or intent to deceive subsequent creditors appears, that will make it void ; otherwise not, but it will stand, though afterwards he becomes indebted.
Page 392 - The queflion, therefore, in every cafe is, whether *' the aft done is a bond fide tranfa£Uon ; or, whether ** it is a trick and contrivance to defeat creditors. If >' there be a conveyance to a truftee for the benefit " of the debtor, it is fraudulent : the queftion then " is, whether this fettlement is of that fort ? It is a " fettlement, which is very common in great families.
Page 116 - ... words, whether they run in the form of a licence, covenant, or agreement, are of themselves sufficient, and will, in construction of law, amount to a lease for years, as effectually as if the most proper and pertinent words had been made use of for that purpose...
Page 138 - This case,' said Lord MANSFIELD, 'is extremely clear. To construe this acceptance of rent, due since the condition broken, a waiver of the forfeiture, is to construe it according to the intention of the parties. Upon the breach of the condition the landlord had a right to enter. H He had full notice of the breach, and does not take advantage of it, but accepts rent subsequently accrued. That shows he meant the lease should continue. Cases of forfeiture are not favoured in law; and when the forfeiture...
Page 459 - M. to be begotten, share and share alike, equally to be divided between them, and of the heirs of the body and bodies of all and every such daughter and daughters lawfully issuing, and for default of such issue, over.
Page 413 - ... upon them. But here a distinction must be taken between an indenture and a deed-poll: for the words of an indenture, executed by both parties, are to be considered as the words of them both; for, though delivered as the words of one party, yet they are not his words only, because the other party hath given his consent to every one of them. But in a deed-poll, executed...