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such case, therefore, is within the exception, and
4. A lease for more than three years enures as a tenancy
from year to year - - 244
5. And though the lease itself be void under the statute,
yet it may regulate the terms of the substituted in-
6. A lease, which would not have been good by parol at common law, is not now good by being in writing merely. - - - 246
7. What leases were good by parol, and what were required to be by deed at common law - - ibid.
See Holding over; Interesse Termini; Reversions; Surrenders, 6—11, 15.
See Will, 59.
1. Of double legacies, whether accumulative or substitu
tionary - - - 60
2. Where a testator gives a legacy by a codicil, as well as by his will, whether it be more, or less, or equal, to the same person, who is legatee in the will, it is construed
an accumulation - - - 61 n.
3. And the executor must produce evidence to the contrary, if he contest such accumulation - ibid.
4. Of the rule in construing a bequest to relations 65 n.
5. When a legacy takes away an executor's right to the surplus - - - 68 n.
Sec further, Evidence, 16, 17. A'ames (mistakes in) 4.
1. Whether a letter, under particular circumstances, is a contract, or agreement, within the statute - 105
2. A letter, to operate as an agreement in writing, must
specify terms ... 106
3. The matter therein contained must be reduced to cer
tainty - » - 107
4. A letter should be more than bare communication to a third person - - - 108
See Signature, 3.
1. Equitable liens and deposits are out of the statute of frauds - - . • 128 n.
See Delivery, I. Grants, (feudal) 2.
1. Of the admissibility of extrinsic evidence to protect against the consequences of loss - . 78
2. Where loss or destruction can be proved, the contents
of an instrument may be shown by parol evidence. 85
See ma, 53.
Of contracts in consideration of marriage; see Part-performance, 13. Promises, 2—6.
1. Custom of merchants, how far to be consulted, and received in evidence in respect to the construction of commercial contracts - - 86, 87
1. If the lessor grant the reversion to the lessee, upon condition, the first lease is merged, and not capable of restitution, though the condition be afterwards broken - - 257
Mistakes (in Names.)
Mistakes fin general.)
I, Of the admissibility of extrinsic evidence $o correct mistakes - - - - . 78 Money.
Of the payment of purchase-money; see Bargain and Sale, 1. Earnest, 3. Part-performance, 9—11. Profierty, J>. See also Advertisement.
1. Whether transfers of mortgages are within the statute
of frauds .... 272—274
2. Nature of a mortgage denned - 272, 27S
3. The mortgaged estate in equity follows the.debt 274
4. Where a mortgaged debt is assigned for a valuable consideration, the benefit of all the securities will, in equity, pass to the assignee ... 275
5. The nature and effect of a mortgage in equitable consideration accounts for this particularity in mortgaged interests in land - - - - 276
6. Whether a gift of a mortgage can be made by parol 277
7. Of the interest transferred' in equity by the deposit of deeds, by way of security, for a sum borrowed 27*
8. The equitable consideration of a mortgage as personal estate is not permitted to narrow the effect of the statute of mortmain - - - 370 n.
JVames (Mistakes in.). f. Of mistakes in the names of persons - 16
2. Where the name used happens to belong to'a person in being, and who might be in the testator's contemplation - - , - - If
3. A true description will assist a wrong name, in what case - - - ... 24 n.
4. Effect of a blank left for the name of a legatee 25
5. A blank, left in a codicil, may sometimes be supplied from the will - - - - 29 n.
See mil, 53>
1. A share of the New River falls within the meaning of
the word " tenement," in the statute of frauds IS*" Nuncupative WW.. • See Practice, 12. Will, 66—70.
Obligatio Liter arum. 1. Nature of the obligatio literarum in the civil law 3—6 w. P.
See Partition, 4.
Parol Evidence. See Evidence; Instruments, 3, 4.
Particular of Sale. 1. Whether sufficient as an agreement - 109
1. Whether partitions are included in the statute of frauds 283
2. By whom they are to be made - - ibid.
3. Partitions by joint-tenants are not good, without deeds 385 •4. Nor partitions by tenants in common, or coparceners,
without writing - ibid.
1. Import of the term explained - 140, 141 n.
2. The doctrine of part-performance is settled on a series
of authorities, but with some qualifications 138
3. The acts of part-performance must be in prejudice of
the party performing them ... ibid.
4. Preparatory and ancillary acts arc not acts of part-per
formance - - - 139
5. But such acts must appear to be done with a direct view to the performance of the agreement 140 & n.
6. Payment of auction duty is not part-performance 142, 143
7. Where an estate is sold in distinct lots, although there is but one particular of the whole, there. may be a part-performance as to the one, and not as to the others 143—146
8. How far possession delivered, taken or kept, is part
performance .... 147—150
9. Payment of part of the purchase-money, how far part
performance - - - - 156
10. Of the doubt as to the proper mode of proving the receipt of the purchase-money - - 'ib. a. FACE
11. Of the distinction between payment of a material part
of the purchase-money, and the payment of money merely by way of earnest - - 154
12. Acts done by arbitrators, under a compromise, do not amount to part-performance - 162, 163 n.
13. Marriage itself is not part-performance within the statute ..... 196
See further, Fraud, 11, 15, 16, 18. Practice, 8—10. See also Advertisement.
See Ambiguities, 1,7.
Payment of Money.
1. Distinction between performance and satisfaction
46 n. 48 n.
2. What is necessary to constitute performance 48 n.
3. The eventual benefit must correspond in time with the period, when the stipulated benefit was to take place ibid.
4. Of performance by payment - - 49 n.
5. Of compelling specific performance; see Fraud, 5, 6,
8, 13. Practice, 2, 4, 5, 11.
See Will, 53.
See Executors and Administrators, 6—9. Practice fpassim.) Promises, 15. Possession; see Bargain and. Sale, I'. Earnest, 3. Part-Performance, 8.
Power of Appointment. See Will, 30, 32—37.