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HANDY BOOK

ON

PROPERTY LAW

IN A SERIES OF LETTERS

BY

LORD ST LEONARDS

SIXTH EDITION

WILLIAM BLACKWOOD AND SONS
EDINBURGH AND LONDON

MDCCCLVIII

PRINTED BY WILLIAM BLACKWOOD AND SONS, EDINBURGH.

BIB

CONTENTS.

Page

INTRODUCTORY LETTER

LETTER II.-OF SALES AND PURCHASES. -Difference between Law

and Equity- Partial Execution of a Contract - Purchaser's
Remedy where the Title is bad

LETTER III.--SALES AND PURCHASES— Continued.-Effect of the

Contract-revokes a Will-Option to Purchasehow Purchase-
money is to be paid — Leaseholder buying the Fee-Effect of
previous General Devise on Estatė purchased .....

LETTER IV. - SALES AND PURCHASES —Continued. — Moral and

Legal Duties of a Seller - Misrepresentations - Concealments
- Misdescriptions -Salem with all Faults — Encumbrances -

Value - Rent - Examination :of Title--"Conditions of Sale -

Deposit-Auctioneer giving Credit-Buying-in an Estate-Puff-

ing — Agent not pursuing his Authority — Auctioneers' and

Agents’ Charges .........

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LETTER VI.- SALES AND PURCHASES—Continued.-Purchaser's

Conduct in Sale-room-Countermand of a Bidding at an Auction
-Verbal Contradiction of Particulars of Sale-Agent bidding
beyond his Authority – Principal denying the Authority -
Agent buying in his own Name--Purchase in the Name of
Another-Purchase by a Trustee of the Trust-property--Pur-
chase by an Assignee of a Bankrupt- Purchase or Exchange

by Tenant for Life with his own Trustees—Conveyance in the

Name of a Stranger, or a Wife, Child, or Grandchild - Joint

PurchaseDesisting to bid in favour of another Person ............ 31

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LETTER VIII. - SALES AND PURCHASES — Continued. -- Giving

Notice to Trustee-Purchase with Notice of another's Right-
Implied Notice General Register-proposed Register of Title
-Bill to facilitate Transfers—Bill to give Effect to Charges-

Length of Abstracts ............

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LETTER IX.- SALES AND PURCHASES — Concluded. - Simony -

Purchase of Presentation during Vacancy — of the Advowson
during Vacancy - Intention to present a particular Person-
Father and Child-Purchase by à Clergyman-Bonds of Resig-
nation-Purchase of Land-Tax-Merger of the Tax..................

LETTER X.- OF REAL PROPERTY AND ENFRANCHISEMENT OF

COPYHOLDS. -Different Interests in Estates-Fee, for Life or
for Years-Descent-Father and Mother, Whole and Half-Blood
-Estates Tail-Bar of them-Life Estates and Powers—Chat-

tels Real-Copyholds-Eufranchisement

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LETTER XI.-OF THE RIGHTS OF HUSBAND AND WIFE IN THEIR

SEVERAL PROPERTIES.-Wife's Dower-Her Interest in the
Personal Estate-Husband's Rights in her Real Estate-Chattels
Real-- Personal Chattels-Choses in Action-in Trustees—their
Joint Power over her Real Estate-Her Interest in Personalty
expectant upon her Husband's Death..

LETTER XII. -JUDICIAL SEPARATION AND DIVORCE.-New Court

-Judicial Separation and Divorce-Alimony-Joint Power-
Divorce at the Suit of the Husband of the Wife-Custody of
Children-Power over Wife's Property-Power to marry again
-by whom to be solemnised-Desertion by Husband of Wife

Separate Earnings Action for Crim. Con. still maintained-

Agreement for Separation ...........

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Page

LETTER XIV.-ON MORTGAGES.—Cautions on Loans-Forged

Deeds-Cautions on Borrowing-Procuration Money-Usury-
Interest made Principal-Tender of Money and Notice to pay it
off-Power of Mortgagor-of Mortgagee-Devises Leases
Elections-Money belongs to Executor-Mortgagee in Possession
- Accounts - Waste - Advowson - Appointment of Receiver-

Mortgagor barred of his Redemption by Twenty Years' Posses-

sion-Redemption opened-Mortgagee bound by Time, of Right

to Estate or Money-Redemption by Bill in Equity-Fore-

closure--Sale under Statute-Fraudulent Mortgagors-Transfer

-Sales under Powers in Mortgages ..

88

LETTER XV.-OF LEASES. -Leases by Parol-by Deed-Written

Agreement essential-Letters-Minute of Covenants—Insurance
against FireCondition against Assignment-Lease for Seven
or Fourteen Years, by whom determinable-Tenant for Life-
Power of Leasing-Eviction of Tenant-Fine or Bonus Best
Rent-Granting a Lease under a Power for a Man's own Benefit
-Lease of Lands, some of which are leased under à Power-

Equitable Relief to Lessee-Relief under Statute-Acceptance

of Rent-Lease in Anticipation ......

LETTER XVII.-OF SETTLEMENTS.—Written Agreement essential

-Letters-Fraud-Encumbered Estate-Jointure and Portions
-Common Modes of Settlement of Real Estate-Provision for a
Future Marriage-Pin-money-Powers to Lease, Sell, &c.-Sale
of Estates under a Power. and Investment of Money in Stock
-Power in Court of Chancery to authorise Sales-Right to cut
Timber-Tenant for Life pulling down Mansion-house-Common
mode of settlement of Personal Estate-Settlements to Wife's
separate use-Power to vary Securities-Railway Shares-Ap-
pointment of Property to Children — Execution of Powers —
Hotchpot - Covenant to settle Estates — Covenant to leave a
Child a Fortune equal to the other Children-Settlement after
a Will-Re-execution of a Will—Settlement by Infant ............

LETTER XVIII.-OF WILLS. - Instructions - Inquiries - Settle-

ments - Leaseholds – Heirlooms – Advancements to Children
-or on Marriage-Payment of Debts-Conditional Gifts-Mode

of executing Will — Witnesses - Bad Character – Marksmen -

Acknowledgment by Testator of his Signature-Witnesses where

to sign-Codicil—Will at Intervals—Obliteration, &c., of Will

-Re-execution-Will under a Power—Married Women-Infants 138

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