A Compendium of the Law and Practice of Vendors and Purchasers of Real Estate

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Contents

AS TO THE RELATIVE DUTIES OF VENDORS AND PURCHASERS
39
Vendor need not point out patent defect 39but must not conceal it 40sale
41
Purchaser depreciating property cannot sue in equity 46whether liable to
47
as to the deposit ib
60
CHAPTER V
79
How appointed 83private instructions to 84apparent agent ib purchaser
87
Statute of Frauds 91what sales not within ib parol agreement for lease c
95
What a sufficient agreement 97letters receipt for money entry of sale arbitra
99
of party charged sufficient 105other party must elect ib what sufficient 106
106
CHAPTER VII
114
General nature of his interest 115it may be aliened ib crops windfalls tim
118
AS TO THE ABSTRACT
126
When perfect 131should state written consent of consenting parties 132
132
It should commence with a document 140of what kind 140 to 142exception
142
ot
147
quiries 163 161need not explain adverse notice not acted on ib when
166
services ib not saved by possession of joint owner ib estates in remainder
197
Owner of undivided share 202of estate held under one of several titles created
205
Is essential at Law 208not in Equity unless by agreement or under special
212
Effect of negotiations on condition as to objections 215solicitor purchasing
220
Material alteration of property by may avoid contract 223 2242 g fall
224
Liability of solicitor omitting to search for incumbrances c 229 230gene
242
mentary forms of 1845 ib incumbrances when to be got in by separate deed
248
Should be used with what object 252whether desirable in disentailing assu
254
Covenants for title 258solicitors liability respecting ibwhat entered into
266
estates under the Trustee Act 1850 p
269
Not for mistake as to extent or value of property 351or extent of his interest
352
Purchasers covenants classified 360whether first class run with the land 361
361
Are in general his only remedies for defects after conveyance 363covenants
366
Purchasers remedy in equity under special circumstances if title prove defective
378
As to purchasers right to pay off incumbrances out of unpaid purchasemoney
381
Purchaser with mere equitable title is postponed to prior equitable claimants p
389
or against lis pendens
399
As to notice what it is how it may be proved and its effectof void or void
411
notice not to be proved by 414cases opinions c 415effect of notice ib
421
Provision in Lands Clauses Consolidation Act 1845 for the purchase of omitted
430
If consideration be paid by others than nominal purchasers there is a resulting
441
Vendor in default purchasers right of action 443 444agents may sue and
447
Parol evidence inadmissible to vary contract 451how far admissible to explain
450
Particulars of claim 456time is at Law essential ib equitable objections
454
Specific performance the only remedy in Equity 458 459Court of Bankruptcy
460
Parties to contract in general sole necessary parties to suit 465purchaser can
467
Suit may be commenced by bill or claim 470form of bill 471need not allege
472
As to grounds of defence negativing plaintiffs right to specific performance
484
1st Fraud or mistake affecting the terms of the agreement 4842ndly fraud
487
1st Personal incapacity to contract on part of defendant 489intoxication ib
545
Costs unsuccessful litigant generally pays 539cases where general rule is
546
As to confirming the Masters report of the purchase and as to the purchasers
556
Highest bidder not the purchaser until Masters report confirmed his rights
557
As to the inrestigation of the title payment and application of purchasemoney pos
562
The practice when the purchaser fails to complete p
569
Mutual agreements when dependent 449 450refusal to convey no defence
594

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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 235 - ... or over which such person should, at the time of entering up such judgment or at any time afterwards have any disposing power, which he might, without the assent of any other person, exercise for his own benefit...
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...

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