An Essay in a Course of Lectures on Abstracts of Title: To Facilitate the Study, and the Application of the First Principles, and General Rules of the Laws of Property; Stating in Detail, the Duty of Solicitors in Preparing, &c., and of Counsel Advising, on Abstacts of Title, Volumen1
W. Clarke, 1818
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Abridgment abstract appear application appointment arise assignment attestation authority bankrupt bargain and sale circumstances clause commence common common law consideration considered construction contained contingent conveyance copyhold correct court created death debts deed defective depends determination devise direct distinct effect enrolment equity estate tail evidence exceptions exchange executed executor exercise exist expressed fact farm former freehold frequently fully give given grant habendum hand head heirs importance instance interest introduced judgments lands learning lease least limitation marriage material ment merely mode nature necessary noticed object observations operate owner ownership paid parcels particular estate parties pass period person possession practice prepared prior proper proved purchaser question reason recital recovery reference release remainder require respecting reversion rules seisin settlement short sixty sometimes statute suffered taken tenure tion trusts unless vested
Página 307 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...
Página 308 - Thirdly, that the whole scope of the statute was to remit the common law, and never to intermeddle where the common law executed an estate ; therefore the statute ought to be expounded, that where the party seised to the use, and the cestuy que use is one person, he never taketh by the statute, except there be a direct impossibility or impertinency for the use, to take effect by the common law.
Página 169 - That all Conveyances by, and all Contracts and other Dealings and Transactions by and with, any Bankrupt, bond fide made and entered into more than Two Calendar Months before the Date and issuing of the Commission against him, and all Executions and Attachments against the Lands and Tenements or Goods and Chattels of such Bankrupt...
Página 282 - ... enacted, that every deed or other instrument, already made with the intention to exercise any power, authority, or trust, or to signify the consent or direction of any person whose consent or direction...
Página 74 - ... do hereby acknowledge, and of and from the same, and every part thereof, do acquit, release, and discharge the said...
Página 320 - An Act to enable Infants who are seised or possessed of Estates in Fee, in Trust or by way of Mortgage, to make Conveyances of such Estates:
Página 169 - Romilly's act, it was also provided, that in all cases of commissions of bankrupt thereafter to be issued, all conveyances by, all payments by and to, and all contracts and other dealings and transactions by and with any bankrupt, bondjide made or entered into more than two calendar months before the date of such commission, should, notwithstanding any prior act of bankruptcy committed by such bankrupt, be good and effectual to all intents and purposes...
Página 431 - It has been expressed with great precision, though not with much elegance, to be " in an instrument, if a freehold be limited to the ancestor for life, and the inheritance to his heirs, either mediately or immediately, the first taker takes the whole estate...
Página 431 - The rule simply is that where an estate of freehold is limited to a person, and the same instrument contains a limitation, either mediate or immediate, to his heirs, or the heirs of his body, the word 'heirs' is a word of limitation; ie, the ancestor takes the whole estate comprised in this term.