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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

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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

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LETTER III.-SALES AND PURCHASES-Continued.-Effect of the
Contract-revokes a Will-Option to Purchase-how Purchase-
money is to be paid-Leaseholder buying the Fee-Effect of
previous General Devise on Estate purchased

LETTER IV. —SALES AND PURCHASES-Continued.

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- Moral and
Legal Duties of a Seller Misrepresentations - Concealments
- Misdescriptions-Sale-with all Faults- Encumbrances

Value-Rent - Examinatiphof 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 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 a 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-Enfranchisement

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

52

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

Page

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

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