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 in Advising, on Abstracts of Title, Հատոր 2W. Clarke and Sons, 1818 |
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An Essay in a Course of Lectures on Abstracts of Title: To ..., Հատոր 2 Richard Preston Ամբողջությամբ դիտվող - 1818 |
Common terms and phrases
2dly 3dly annexed appointment assignment authority bargain and sale chattel interests commence common law common recovery conditional limitation contingent interest contingent remainder convey conveyance coparceners copyhold court of equity cross-remainders death deed descendible determination devest discontinuance disseisin disseisor entail estate in reversion estate of freehold estate-tail estoppel event executory devise executory interest exercised favour Fearne feoffment gift grant grantor heir at law husband and wife inheritance Inst instance issue joint-tenants legal estate lessee lessor levied life-time Litt livery of seisin lives Lord Coke mainder moiety nonclaim observations operate ownership particular estate pass period person possession power of alienation prior estate purchaser remainder or reversion remote rent reversion or remainder right of entry rule against perpetuities seised share statute stranger surrender survivor take effect tenant in tail tenants in common Term Rep tion trust twenty-one unborn unless vested void writ of entry writ of right
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Էջ 175 - That no person or persons shall, after the passing of this Act, by any deed or deeds, surrender or surrenders, will, codicil or otherwise howsoever, settle or dispose of any real or personal property, so and in such manner that the rents, issues, profits or produce thereof shall be wholly or partially accumulated...
Էջ 381 - But it is said, that Courts of Equity are not within the Statutes of Limitations. This is true in one respect. They are not within the words of the statutes, because the words apply to particular legal remedies ; but they are within the spirit and meaning of the statutes, and have been always so considered.
Էջ 424 - The lineal descendants, in infinitum, of any person deceased shall represent their ancestor; that is, shall .stand in the same place as the person himself would have done had he been living.
Էջ 176 - ... the rents, issues, profits and produce of such property so directed to be accumulated, shall, so long as the same shall be directed to be accumulated contrary to the provisions of this Act, go to and be received by such person or persons as would have been entitled thereto if such accumulation had not been directed.
Էջ 200 - But having regard to strangers, who were not parties or privies thereunto, lest by a voluntary surrender they may receive prejudice touching any right or interest they had before the surrender, the estate surrendered hath in consideration of law a continuance (1).
Էջ 369 - There are certain principles on which courts of equity act, which are very well settled. The cases which occur are various, but they are decided on fixed principles ; courts of equity have, in this respect, no more discretionary power than courts of law. They decide new cases as they arise, by the principles on which former cases have been decided, and may thus illustrate or enlarge the operation of those principles ; but the principles are as fixed and certain as the principles on which the courts...
Էջ 152 - It is an established rule that an executory devise is good, if it must necessarily happen within a life or lives in being, and twenty-one years, and the fraction of another year, allowing for the time of gestation.
Էջ 209 - Where the verity is apparent in the same record, there the adverse party shall not be estopped to take advantage of the truth ; for he cannot be estopped to allege the truth, when the truth appeareth of record.
Էջ 376 - He said: [I]fa trustee is in possession and does not execute his trust, the possession of the trustee is the possession of the cestui que trust; and if the only circumstance is, that he does not perform his trust, his possession operates nothing as a bar, because his possession is according to his title...
Էջ 424 - On failure of lineal descendants, or issue, of the person last seised, the inheritance shall descend to his collateral relations, being of the blood of the first purchaser; subject to the three preceding rules.