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A Compendium of the Law and Practice of Vendors and Purchasers of Real Estate
Joseph Henry Dart
No preview available - 2018
abstract agent agree agreement allowed amount appears apply assignees auction authority Beav binding bound Chap Chapter charge circumstances claim common Company completion conceived condition consideration considered contract convey conveyance copy course court covenant creditors death deed deposit descendants dower effect entered entitled entry equity evidence executed existence express fact fraud give given grant ground heir held hold husband intended interest Johns judgment land lease liable limited Lord matter ment merely mortgage nature necessary notice objection original owner paid particulars party pass payment performance period person possession presumption principal produce proved purchaser question Railway reasonable received recorded reference rent require respect rule seems sell signed sold specific statute subsequent sufficient taken tenant term tion trust unless usual valid vendor Vict wife
Page viii - They are not : there is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property ; or that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe.
Page 187 - ... shall have been in such possession or receipt then such right shall be deemed to have first accrued at the time at which the person claiming as aforesaid or the person through whom he claims became entitled to such possession or receipt by virtue of such instrument.
Page 235 - ... as he would be entitled to in case the person against whom such judgment shall have been so entered up had power to charge the same hereditaments, and had by writing, under his hand, agreed to charge the same, with the amount of such judgment debt and interest thereon...
Page 181 - ... without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. ' Aqua currit et debet currere
Page 62 - ... where the misdescription, although not proceeding from fraud, is in a material and substantial point, so far affecting the subject-matter of the contract, that it may reasonably be supposed, that, but for such misdescription, the purchaser might never have entered into the contract at all, in such case the contract is avoided altogether, and the purchaser is not bound to resort to the clause of compensation.
Page 278 - Will or voluntary Settlement of any Person deceased who was during his Lifetime a Party to the Contract or Transactions concerning which such Decree is made, that such Interests of unborn Persons are the Interests of Persons who, upon coming into existence, would be Trustees within the Meaning of this Act...
Page xxvi - To sell lands for the benefit of creditors: 2. To sell, mortgage or lease lands, for the benefit of legatees, or for the purpose of satisfying any charge thereon : 3. To receive the rents and profits of lands, and apply them to the use of any person, during the life of such person, or for any shorter term, subject to the rules prescribed in the first Article of this Title: 4.
Page 189 - No entry, distress, or action, shall be made or brought by any person who, at the time at which his right to make an entry or distress, or to bring an action to recover any land or rent...
Page 238 - Courts of equity, and all rules of Courts of common law, and all orders of the Lord Chancellor or of the Court of review in matters of bankruptcy, and all orders of the Lord Chancellor in matters of lunacy, whereby any sum of money, or any costs, charges, or expenses, shall be payable to any person, shall have the effect of judgments in the superior Courts of common law, and the persons to whom any such monies, or costs, charges, or expenses, shall be payable, shall be deemed judgment creditors within...