A Practical Treatise of the Law of Vendors and Purchasers of Estates

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Brooke and Clarke [etc.] and J. Butterworth, 1805 - 461 էջ
 

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Common terms and phrases

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Էջ 59 - The general rule is, that the acts must be such as could be done with no other view or design than to perform the agreement, and not such as are merely introductory or ancillary to it.
Էջ 316 - The clear result of all the cases, without a single exception, is, that the trust of a legal estate, whether freehold, copyhold, or leasehold; whether taken in the names of the...
Էջ 395 - And, generally, it may be stated as a rule on this subject, that where a purchaser cannot make out a title but by a deed, which leads him to another fact, he shall be presumed to have knowledge of that fact.
Էջ 174 - But as often as parliament had limited the time of actions and remedies to a certain period, in legal proceedings, the Court of Chancery adopted that rule, and applied it to similar cases in equity. For when the legislature had fixed the time at law, it would have been preposterous for equity, which, by its own proper authority, always maintained a limitation, to countenance laches beyond the period that law had been confined to by parliament ; and, therefore, in nil cases where the legal right has...
Էջ 113 - ... simply; for if the party by the contract has become in equity the owner of the premises, they are his to all intents and purposes. They are vendible as his, chargeable as his, capable of being incumbered as his ; they may be devised as his ; they may be assets ; and they would descend to his heir. If a man had signed a contract for a house upon that land, which is now appropriated to the London Docks, and that house was burnt, it would be impossible to say to the purchaser, willing to take the...
Էջ 333 - ... so purchase for money or other good consideration the same lands, tenements or hereditaments, or any part or parcel thereof, or any rent, profit or commodity in or out of the same, to be utterly void, frustrate and of none effect, any pretence, colour, fained consideration or expressing of any use or uses to the contrary notwithstanding.
Էջ 272 - If one concerts with an executor or legatee, by obtaining the testator's effects at a nominal price, or at a fraudulent undervalue, or by applying the real value to the purchase of other subjects for his own behoof, or in extinguishing the private debt of the executor, or in any other manner, contrary to the duty of the office of executor, such concert will involve the seeming purchaser, or his pawnee, and make him liable for the full value.
Էջ 19 - If the particulars or .advertisement* state (as they frequently do), that the estate is to be sold without referee, it seems clear that the sale would be void against a purchaser, if any person were employed as a puffer, and actually bid at the sale.
Էջ 263 - ... and then makes specific dispositions, the purchaser is not bound to see to the application of the purchasemoney : it is just the same as if the specific bequests were out of the will.
Էջ 51 - ... and, where the name is inserted in such a manner as to have that effect, it does not much signify, in what part of the instrument it is to be found...

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