A Treatise on Copyholds, Հատոր 1

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W. Clarke and sons, 1816
 

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Common terms and phrases

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Էջ ix - ... entitled thereto by virtue of such will, shall be entitled to be admitted except upon payment of all such stamp duties, fees and sums of money as would have been lawfully due and payable in respect of the surrendering of such real...
Էջ 332 - 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 purchaser and others jointly, or in the name of others without that of the purchaser, whether in one name or several, whether jointly or successive, results to the man who advances the purchase money.
Էջ 264 - P., his heirs and assigns for ever at the will of the lord according to the custom of the said manor by and under the rents, fines, heriots, suits, and services due and of right accustomed for the same.
Էջ 333 - ... is to operate by rebutting the resulting trust; and it has been determined in so many cases that the nominee being a child shall have such operation as a circumstance of evidence, that we should be disturbing land-marks if we suffered either of these propositions to be called in question, namely, that such circumstance shall rebut the resulting trust, and that it shall do so as a circumstance of evidence.
Էջ ix - ... had the testator been duly admitted to such real estate, and afterwards surrendered the same to the use of his will; all which stamp duties, fees, fine, or sums of money due as aforesaid, shall be paid in addition to the stamp duties, fees, fine, or sums of money due or payable on the admittance of such person so entitled or claiming to be entitled to the same real estate as aforesaid.
Էջ 333 - It is the established doctrine of a court of equity, that this resulting trust may be rebutted by circumstances in evidence. The cases go one step further, and prove that the circumstance of one or more of the nominees being a child or children of the purchaser, is...
Էջ 567 - Now this Indenture Witnesseth, That in pursuance of the said agreement, and in consideration of the sum of...
Էջ 337 - ... circumstances whether an advancement was meant, it will be difficult to find such as will support that idea : to be sure taking the estate in the name of the child, which the father might have taken in his own, affords a strong argument of such an intent ; but where the estate must necessarily be taken to him in succession, the inference is very different. These are the difficulties which occur from considering the purchase in the son's name as a circumstance of evidence only. Now if it were...
Էջ 284 - And it is hereby declared and agreed by and between all the said parties to these presents, that...
Էջ 567 - Raymond, to be holden of the lord by copy of court roll at the will of the lord according to the custom of...

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