A Concise Practical Treatise on the Law of PropertyH. Sweet, 1882 - 609 pages |
From inside the book
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Page x
... land the public & c . may have Prescription at Common Law explained .. By Delay Especially in enforcing Contract By the prescription Act Generally .. As to Light By non - existing grant As to other negative easements By Occupancy - an ...
... land the public & c . may have Prescription at Common Law explained .. By Delay Especially in enforcing Contract By the prescription Act Generally .. As to Light By non - existing grant As to other negative easements By Occupancy - an ...
Page xxxi
... Land - Debentures Old Land - Transfer ( England ) Act Who may register under it , and how .. Page 474 · 474 .. 475 .. 478 478 .. 478 .. 478 479 .. 480 480 480 .. 481 481 .. 481 482 483 483 .. 484 .. 484 Removal to a new register Power ...
... Land - Debentures Old Land - Transfer ( England ) Act Who may register under it , and how .. Page 474 · 474 .. 475 .. 478 478 .. 478 .. 478 479 .. 480 480 480 .. 481 481 .. 481 482 483 483 .. 484 .. 484 Removal to a new register Power ...
Page xxxv
... land are barred by it . Generally Rights .. Titles Charges Incumbrances . What claims against the person are barred by Nature of these claims They form a ground of equitable relief ( 1 ) Against the person Ap . i xii ( 2. ) Through the ...
... land are barred by it . Generally Rights .. Titles Charges Incumbrances . What claims against the person are barred by Nature of these claims They form a ground of equitable relief ( 1 ) Against the person Ap . i xii ( 2. ) Through the ...
Page 2
... land " in its legal sense , even though they consist not only of earth , but also of metals , stones , sand , trees , shrubs , and underwood ( a ) . But when they have been detached ( though still lying on the surface ) they fall under ...
... land " in its legal sense , even though they consist not only of earth , but also of metals , stones , sand , trees , shrubs , and underwood ( a ) . But when they have been detached ( though still lying on the surface ) they fall under ...
Page 1
... land below that he may main- tain an action against anyone passing through ( or perhaps over ( a ) ) the land without his permission , or even against anyone whose buildings project over it ( b ) . Within this space all subjects ...
... land below that he may main- tain an action against anyone passing through ( or perhaps over ( a ) ) the land without his permission , or even against anyone whose buildings project over it ( b ) . Within this space all subjects ...
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Other editions - View all
A Concise Practical Treatise on the Law of Property (Classic Reprint) Hugh William Boyd Mackay No preview available - 2018 |
A Concise Practical Treatise on the Law of Property H. W. Boyd B. 1843 MacKay No preview available - 2015 |
Common terms and phrases
acquired afterwards Ante apply assignment authorized Bankruptcy beneficial estate beneficial interest benefit binding breach CHAPTER chattel interest chose in action circumstances cited claims clause condition conferred consideration contract conveyance copyhold Court covenant creditor damages death debt deed devolution disponee disponor dispose doctrine easement effect entitled estate tail executor exonerate Fearne feoffment fiduciary fraud gift Hare heirs held hereditament husband implied incumbrance intention invalidate L. J. Ch land latter lease legal estate liable lien limitation Litt Lord marriage ment merely mortgage necessary notice owner party performance perpetuity period possession principle priority promise promisor question Reese River registered representation rule Rule against Perpetuities seems settlement Smith specifically enforcible specified statute stipulation sufficient Sugd tenement testamentary disposition third person transfer unless valid agt vendor vested void voidable
Popular passages
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...