DAMAGES, D. awarded by court of equity in cases of disturbance of rights of water, 107. DEATH, of light, 128. presumption of, where person not heard of for seven years, 188. no presumption as to time of death, ib. effect of other circumstances, 190. presumption of death of legatee, 189. of one partner, effect of payment of interest by survivor on liability of will to be construed to speak at time of testator's, 521. contrary intention how evidenced, ib. rule has reference to property and not to objects of will, 523. DEBTS, indemnity to trustees in such case, ib. by simple contract, what are, 481. time within which to be recovered, 265. See SIMPLE CONTRACT DEBTS-LIMITATION OF ACTIONS by specialty, what are, 482. time within which to be recovered, 258. See SPECIALTY-LIMITATION OF ACTIONS AND SUITS. of husband, where given priority over dower, 426, 427, 477. See PAYMENT OF DEBTS OUT OF REAL ESTATE. what are, within 3 & 4 Will. & M. c. 14,.465. charge of, on real estate, 467. order in which paid out of assets, 480. purchaser's obligation to see to application of purchase money in case See PURCHASER. of deceased person, provision as to order to take account of, 730. DECEASED PERSON, order to take account of debts of, 730. DECLARATION, effect of, as evidence, on title to land, 150. of legitimacy by Court of Divorce, 459. DECREE, of Court of Equity, within what time to be inrolled, 234. for payment of money, to have force of judgment, 589. DEDICATION, of ways to public, 63 et seq. of settled estates for roads, 691. DEED, estoppel by, 327. See ESTOPPEL. fraudulent concealment of, by vendor or mortgagee, how punishable, feoffments, partitions, exchanges, leases, assignments and surrenders when not to imply any condition, 637. strangers may take under, when, 638. when to be valid without certain solemnities prescribed by power, 715. DEMURRER, defence of Statute of Limitations may be raised by, 231. DEMURRER OF PAROL, abolished in proceedings to enforce payment of debts, 471. DESCENDIBLE FREEHOLDS, within 3 & 4 Will. 4, c. 106..435. See 456. DESCENT, law of, before 3 & 4 Will. 4, c. 106..436 et seq. alterations in, proposed by real property commissioners, 437 et seq. provisions of 3 & 4 Will. 4, c. 106, as to, 435 et seq. commencement of act, 457. descent to be traced from purchaser, last owner to be considered pur- seisin of ancestor formerly requisite, 441. See 455. seisin now unnecessary in purchaser, 442. descent of estates in remainder, reversion, or by executory devise, descent in case of coparceners, 443, 444. total failure of purchaser's heirs, 446. descent and purchase, 447. heir entitled under will to take as devisee, 446. law before act, 447. devise to heir as persona designata, 445, 450. limitation in assurance to grantor or his heirs to create an estate by limitation to heirs in an assurance, 448. rule in Shelley's case, ib. limitation to heirs of grantor formerly construed as reversion, 449. what conveyance alters line of descent, ib. mode of descent where heirs take by purchase under limitation to heirs of ancestor, 451. DESCENT-continued. from brother or sister to be traced through parent, 451. in case of ancestors, lineal ancestors admitted, 452. male line preferred, 453. mother of more remote male ancestor preferred to mother of less re- mote male ancestor, 453. half-blood admitted, former rule excluding, 437. exceptions to the rule, 454. effect of rule requiring seisin of ancestor upon descent to half- attainted blood, descent may be traced through, effect of attainder, 456. statutes as to attainder, 457. DESCENT CAST, not to bar right of entry, 228. DETINUE, when time runs in actions of, 268. DEVASTAVIT, claim for, barred in six years, 267. DEVISE, heir taking by, considered purchaser, 446. devise to heir as persona designata, 445. when not to be rendered inoperative by subsequent conveyance or act, 520. residuary, what to include, 523. general, may include copyhold and leasehold as well as freehold, 524. 525. without words of limitation to pass the fee, 529. to testator's children or issue, 533. See CONSTRUCTION OF WILLS-GENERAL DEVISE-RESIDUARY DEVISE. DEVISE OF REAL ESTATE CHARGED with DEBTS, 2. Devises the land beneficially in fee, 485. 3. Devises the land for life with remainders over, 486. case where executor and trustee renounces and disclaims, ib. effect of lapse of time on it, ib. DEVISEE, liable to actions of debt or covenant jointly with heir, 465. heir to take as, when, 446. not to claim payment of mortgage out of personal assets, 490. DIE WITHOUT ISSUE, operation of words in devise or bequest, 529. DIGNITIES, not within the Statute of Limitations, 147. DISABILITIES, saving in favour of persons under, in the case of claims under the Prescription Act, 26. as to mortgages, see 216. successive disabilities in the same person, 187. in different persons, 192. saving clause in old Limitation Act as to realty, 187. in the recovery of debts by specialty, 261. in the recovery of debts by simple contract, 273. representatives of persons dying under disability, 274. DISCHARGE OF WATER, prescriptive right to discharge water on adjoining land, 92. DISCLAIMER, by tenant of landlord's title, 178. what amounts to, ib. by married woman, 371, 639. should be by deed, ib. whether it can be by parol, 372. inferred from what circumstances, ib. effect of, by one of several, ib. where land charged with debts, 487. DISCONTINUANCE, what is, 229. not to bar right of entry, 228. operation of fine as, 302. by wife, statute relating to, 322. DISENTAILING DEED, no particular form of, necessary, 344. executed by tenant for life, effect of, 320. whether required on payment out of court of entailed money, 366. executed by infant under 18 & 19 Vict. c. 43, to be void on death of infant under age, 409. infant devisee in tail compelled to execute, 472. judgment debtor compelled to execute, 577. operation of vesting order as, 653. DOCKETS, to be closed, 598. docketed judgments, 599. DOMICILE, wills of British subjects made abroad valid, 538. wills made in the kingdom to be admitted, if made according to local will not to be invalid by reason of change of, 539. act not to invalidate wills otherwise made, ib. act extends only to persons dying after act, ib. may be regulated by conventions with foreign countries, 540. See WILL. law of, before 3 & 4 Will. 4, c. 105..417 et seq. out of what property a woman is dowable, 417, 419. equitable estates of husband, 423. equity of redemption, 424. land of which husband is mortgagee, ib. reversions and remainders, ib. estate in joint tenancy, 425. means by which the right was defeated before the act, jointures, 418, 419. legal, 419. equitable, 420. terms of years, 418, 421. uses to bar dower, 418, 422. cases where widow was put to her election, where land was devised to others, and the will contained provisions gift of personal use of property, ib. power to lease or manage, ib. power of, or trust for sale, 427. where provision given to widow herself to be taken in lieu of dower, effect of receiving provision given in lieu of dower, ib. provisions of 3 & 4 Will. 4, c. 105..417 et seq. See CONTENTS, vii. effect of act, 417. act does not apply to copyholds, 423. freebench, 427. to what cases the act applies, 431. |