A Concise Practical Treatise on the Law of Property

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H. Sweet, 1882 - 609 pages

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Page 495 - Upon, and that it is acted upon accordingly ; and if, whatever a man's real intention may be, he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth...
Page xxi - Court under its seal, shall for all purposes be conclusive evidence that every application, proceeding, consent, and act whatsoever which ought to have been made, given, and done previously to the execution of such conveyance, assignment, or declaration, or the making of such order respectively, has been made, given, and done by the persons authorized to make, give, and do the same...
Page xviii - ... against the lands of his debtor, legal or equitable. The statute has no exception of equitable rights : but then it is said that equity puts parties who have notice of unregistered judgments or incumbrances, in the same position as if they had been registered. This is stating the proposition too broadly. All that equity has done is this : where a purchaser has paid his money to a vendor, with notice of an unregistered judgment against that vendor, there this Court has held that such a purchaser...
Page 68 - ... be considered as a feme sole with respect to property of every description which she may acquire or which may come to or devolve upon her...
Page xix - ... would not raise a lien upon the land, and the present plaintiffs might have been relieved if they had filed their bill against him in his lifetime, that is, after his title had accrued, yet it does not follow that, therefore, they can • be relieved against his heirs. Neither the land itself, nor the conscience of the present i^fendants is bound by this act of William, the surrenderor.
Page xviii - ... himself behind the Registry Acts, which were made to protect parties against charges of which they had no notice, and not against those which were known to them. Whether that was, originally, a line of decision conformable to the scope and policy of the Registry Acts in general, I need not inquire. But the equity so enforced is merely a personal equity, arising out of the character of vendor and purchaser ; an equity affecting the conscience of a party paying money with notice : and the doctrine...
Page xviii - Vez., 419. The decision was that these] judgment-creditors had no right to redeem the mortgagee, because they had no incumbrance on the land. The common cases, to the effect that an expectancy may be the subject of contract, establish the same principle to a certain extent. A learned * writer observes — " Contracts made by a person before the devolution of the estate or other realisation of his expectancy, are, it seems, purely personal, and only capable of being enforced against the contractor...
Page 141 - So is a moral consideration, if founded upon a previous legal consideration ; as, where one promises to pay a debt barred by the statute of limitations, or by infancy. But a merely moral consideration, as one founded upon natural love and affection, or the relation of parent and child, is no legal consideration.
Page xiv - ... fee. In these cases the Court did in effect give to the injured party pecuniary damages for the...
Page 23 - ... shall extend to manors, messuages, and all other corporeal hereditaments whatsoever, and also to tithes (other than tithes belonging to a spiritual or eleemosynary corporation sole), and also to any share, estate, or interest in them or any of them, whether the same shall be a freehold or chattel interest, and whether freehold or copyhold, or held according to any other tenure; and the word "rent...

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