Page images
PDF
EPUB

CONTRACT-continued.

tenant for life under S. L. Acts, by, 683. See SETTLED LAND ACTS.
his power to complete predecessor's contracts, 712.

tenant in tail, by, effect of, 283, 294.

testator, by, for the erection of buildings on his land, liability under, 430.
executor may complete, 557.

[blocks in formation]

order for sale of land effects, 734, 735.

equity for reconversion of interest of person under disability, 734,
735.

CONVEYANCE,

contract cannot be relied on after, 61.
devised lands, of, effect of, 461, 462.

grantor and another, to, 595.

husband and wife, and vice versâ, 595.

includes all estate, &c. of grantor, 599.

land, of, what included in, 558, 599.

manor, of a, what included in, 558.

mortgagee, by, on sale under statutory power, 541, 577.

short form of, 597, 609.

stranger may take under an indenture, 519.

tenant for life under the S. L. Act, by, 672.
word "grant" not necessary in, 595.

CONVEYANCING ACTS,

adopting Act, indemnity to persons, 601.
applications to the Court under the Act, 603.
conditions of sale, statutory, 554-557.

of re-entry, apportionment of, 568.

constructive notice, restriction on, 612.

conveyance, includes all estate, &c., 599.

See SETTLED LAND ACTS.

copy holds, enfranchised, title to enfranchise cannot be called for, 554, 556.
costs, charges and expenses, power of Court to make orders as to, 603.
covenants, evidence of performance of, 555, 556.

for title, implied by sect. 7..560—565, 600.
heirs and executors, binding on, 598.

in leases to run with reversion, 567, 568.
two or more jointly, with, effect of, 598.

devolution of trust and mortgage estates, 584, 585.

documents, costs of production and taking copies of, 555, 556.

dated before root of title, no requisition as to, 554, 556.
production and safe custody of, 565–567.

easements, grant of, by way of use, 599.

included in conveyance of land, 558, 559.

execution of conveyance by vendor, 565.

executor of vendor may complete, 557.

executory limitations, restriction on, 615.

fee simple, conveyance of, 595.

forfeiture of leases, relief against, 569-572, 616.

general words in conveyances, 578, 579.

"grant," word not necessary in conveyance, 595.

incumbrances, discharge of, on sale, 557, 558.

infant, land of, deemed settled within S. E. Act, 1877..587.

management of, by trustees, 588, 589.

maintenance of, 589-591.

interpretation clauses, 553, 554.

CONVEYANCING ACTS-continued.

Ireland, application of Acts to, 604, 612.

joint account, advance on, effect of, 598, 599.

jurisdiction under, 603.

lease, contract for, not to form part of title, 613, 684.
covenants in, to run with reversion, 567, 568.
forfeiture, relief against, 569–572, 616.

under-lessees, protection of, 618.

licence to assign, no fine to be exacted, 617.

purchaser to assume duly granted and existing, 555, 556.
reversion on, severance of, 567, 568.

title to, cannot be called for, 554, 556, 568.

limitation in fee or in tail, words of, 595.

long terms, enlargement of, 600, 615.

lots, on sale in, purchaser only entitled to one abstract, 555.
married women, attorney, power to appoint, 587.

mortgage,

power of Court to bind restrained property, 585-587.

consolidation restricted, 573.

estates, devolution of, 584.

sale in action for redemption or foreclosure, 581, 582.
statutory, 582, 584, 607.

reconveyance, 584, 608.

transfer, 583, 607.

mortgagee, power to appoint receiver, 576, 579-581.

cut timber, 576.

insure, 575, 579.

lease, 573-575.
sell, 575-579.

powers under Lord Cranworth's Act, 540.

mortgagor, right to inspect title deeds, 572.

to lease, 573-575.

to require mortgagee to transfer, 572, 615.

notice, constructive, restriction on, 612, 613.

notices under the Acts, 602.

orders of Court under statutory jurisdiction conclusive, 603, 604.
Palatine Courts, 603.

powers, of attorney, 587, 593–595.

irrevocable, 614.

release and disclaimer of, 595, 596, 613.

practice under the Act, 603.

receipt in or on deed, authority for payment to solicitor, 597.

evidence of payment, 596, 597.

rent-charges, recovery and redemption of, 591-593.

restraint on anticipation, release of, by Court, 585—587.

reversion on lease, title to, cannot be called for, 554, 556, 568.

searches for judgments, &c., 611, 612.

forms of requisition, certificates, and fees, 619-624.

rules as to, 618, 619.

short forms of deeds, 597, 608-610.

supplemental deeds, 596.

trustees, powers of management and maintenance of infants, 588-591.

[blocks in formation]

attainder, effect of, 385.

common, claimed by custom not prescription, 31, 37. See COMMON.
contingent remainders in, 521.

COPYHOLDS-continued.

curtesy, not subject to, except by custom, 372.
customs in case of, 37, 44. See CUSTOM.

debts, liable for payment of, 398, 410.

descent of, 378.

devise, included in general, 466.

devolution of trust and mortgaged estates, 545, 546, 585.

"dwellers" or "occupiers," claim of common by, 35, 37.

enfranchised, on sale of, title to enfranchise cannot be called for, 554.

enfranchisement, on, copyholder not entitled to acknowledgment of right
to production of title deeds of manor, 556.

presumption of, 115.

entailed, must be a custom for, 299.

bankrupt, where tenant in tail is, 302, 304, 307.

dispositions of, 298-302.

equitable estates in, 300, 301.

inrolment of disposition, 301, 302, 304.

mortgage of, 283.

old modes of barring, 299.

presumption of bar from possession in fee, 299.

entry on court rolls, evidence, 300.

estoppel, surrender does not operate by, 281.
execution, formerly not liable to be taken in, 410.
now liable, 410, 484.

fees, payable on devise of, 441, 442.

fines, action for debt for, limitation of, 124, 215, 217.

payable on devise of copyholds, 441, 442.

forfeiture of, time within which lord must enter for, 134.

freebench, 365. See FREEBENCH.

general devise of land includes, 466.

heriots, 27, 110, 114, 179.

joint occupation of, effect, 148.

Land Transfer Act, 1897, s. 1, does not apply to, 417, 419.

leases of, licences to tenants to grant, under S. E. Act, 629.

under S. L. Acts, 670.

[blocks in formation]

sequestration of, 410.

to enforce right of, 124.

Settled Land Acts, disposition under, 662, 664, 672. See SETTLED LAND

[blocks in formation]

COSTS,

action for, when barred, 223, 224, 230.

administration action, how payable, 405, 420-422.
Fines and Recoveries Act, under, 332.

interest on, mortgagee's costs, 209.

when payable, 497.

married women, in actions by or against, 342, 346, 361.
Partition Acts, in action under, 737.

probate litigation, out of what property payable, 405, 422.
Settled Land Acts, under, 692, 693.

taxation of statute-barred items, 223.

Trustee Acts, under, 784.

COUNTY COURTS,

See SETTLED LAND ACTS.

acknowledgment of married woman may be taken by judge of, 323.
Partition Acts, jurisdiction under, 738.

Settled Land Acts, jurisdiction under, 692, 694.

Trustee Act, 1893, jurisdiction under, 789.

COURT. See CHANCERY DIVISION.

orders to be conclusive, 603, 604.

[blocks in formation]

implied by sect. 7 of Conveyancing Act, 1881..560-565, 600.

by word "demise," 518.

interest on money due under, 208, 209.

judgment on, covenant is merged in, 208, 497.

licence to commit breach of, effect of, 525, 526.

limitation of actions on, 215 et seq.

not to sue, stops running of time, 231.

performance of, evidence of, receipt for last payment of rent, 555, 556,
see 548.

reversion, benefit to run with, 567, 568.

settle after-acquired property, to, the execution of a disentailing deed
could not be compelled under, 297.

infant, by female, 357, see 726.

two or more jointly, with, effect of, 598.

waiver of, effect of, 536.

COVERTURE,

disability under Prescription Act, 18.

Statutes of Limitation, 152, 186.

effect of Married Women's Property Act, 1882, on disability of, 344.

CRANWORTH'S (LORD) ACT (23 & 24 VICT. c. 145), 537-544.

CREDITORS. See DEBTS; PAYMENT OF DEBTS OUT OF REAL ESTATE.

[blocks in formation]

accountants to the, who are, 511.

lien of Crown, when it attaches, 511, 512.

Acts of Parliament, when bound by, 119.

adverse possession against, 120.

chose in action vested in, limitation of action in, 121.
debts, priority of, 406.

registration of writ to enforce, 509, 511, 512.
satisfaction on, entry of, 512.

searches for, 507-509, 512.

dedication of land as "common," effect of, 36.

duty, limitation of action for, 121.

extent, what lands may be taken under, 410, 512.

fishery, grant of, by, 43.

grant from, presumption of, 121, 122.

incorporeal hereditaments, may reserve rent out of, 117.

Land Transfer Act, 1897, s. 1, does not apply to land escheated to

Crown, 420.

limitation of actions by, 119-121.

parol licence by, 22.

prescription as against, 31.

Prescription Act, how far within, 1, 11.

presentation to livings by, when incumbent made bishop, 177.

presumption of grant from, 121.

profit à prendre, grant of, 35.

Real Estate Charges Acts, position of, under, 431.

reversion in, Fines and Recoveries Act, not barrable under, 276.

lease by lunatic tenant in tail where, 277.

Settled Estates Act, exercise of powers under, effect on, 647.
Settled Land Acts, exercise of powers under, effect on, 663.
statute, when bound by, 119.

suits by, 120.

surety of, has same priority as, 406.

vesting order, as against, 772.

CURTESY,

adverse possession, effect of, 373.

bankruptcy, rights of assignees in, 372.

copyholds, in, 372.

declaration against, effect of, 373.

definition of, 371.

election of wife, effect of, 372.

equitable estates, out of, 372.

executory devise over on death of wife, effect of, 372.

leases by tenant by the, 644, 700.

M. W. P. Act, 1882, does not interfere with, 343, 371.

money which is to be considered as land, of, 371.

protector, tenant by the, may be, 284, 373.

pur autre vie, not out of estate, 372.

recoveries, effect on, 277.

requisites for, 371, 372.

sales by tenant by the, 700, 701.

separate property, disposition of, will defeat, 373.

Wills Act, s. 33, effect on, 372, 475.

Settled Estates Acts, application to, 644.

Settled Land Acts, application to, 700, 701, 710.

« EelmineJätka »