A Concise Practical Treatise on the Law of Property

Front Cover
H. Sweet, 1882 - 609 pages

From inside the book

Contents

DEvolution of HEREDITAMENTS ON DEATH
43
Estates tail
49
Alterations in these doctrines
56
CHAP VII
62
How terminated
66
TRANSMISSION ON OTHER EVENTS THAN MARRIAGE
69
Distinction between profits of and against common right
74
NATURE OF CONTRACTS ReFresentations and Dispositions
75
MISTAKEN BELIEF AS AFFECTING THE VALIDITY
83
VALUABLE CONSIDERATION AS AFFECTING THE VALIDITY
84
COMPLETION OF THE MENTAL ACT AS AFFECTING THE VAL
94
Examples
100
Qualified acceptance
110
ABILITY TO PERFORM THE MENTAL ACT AS AFFECTING
116
DELIBERATION IN PERFORMING THE MENTAL ACT AS
121
CHAF XV
128
Other Unfair Dealing
134
When part of consideration already rendered
148
Assign
154
WHO MAY SUE ON A CONTRACT BY WHICH HE WAS INTEN
162
FORMALITIES FOR EVIDENCING A CONTRACT
178
EXCEPTIONS TO THE STATUTE OF FRAUDS
184
Certain Judicial Sales
190
In general
200
Restraint of Trade
206
277
210
Condition subsequent
215
Limitation varying course of Devolution void
221
THE RULE IN SHELLEYS CASE
231
Extension of Rule Gift to donors heirs
236
Cases falling outside the terms of the Rule
250
Settlements of Lifeholds
266
THE THELLUSON ACT AGAINST ACCUMULATION
272
Mistake invalidates a contract
280
Representee induced by a misrepresentation to contract is entitled to
287
CHAP XXXVI
294
Conditions of the rule
296
If delay unfair
300
Preclusion from taking advantage of breach
307
Relief on equitable grounds against breach of a condition by performing
315
RESULTING AND CONSTRUCTIVE USES AND TRUSTS
322
Vendors Lien
328
Liens for Debts
334
s 6
339

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Common terms and phrases

Popular passages

Page 491 - 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 176 - Any special promise by an Executor or Administrator to answer damages out of his own Estate.
Page ii - Commissioners upon the sale of land, shall be effectual to pass the fee simple and inheritance of the land thereby expressed to be conveyed, subject to such tenancies, leases, and underleases as shall be expressed or referred to therein as aforesaid, but, save as aforesaid and as hereinafter provided, discharged from all former and other estates, rights, titles, rliarges, and incumbrauces whatsoever of her Majesty, her heirs and successors, and of all other persons whomsoever...
Page 513 - India warrants, warehouse-keepers' certificates, warrants or orders for the delivery of goods, or any other document* used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by indorsement or by delivery, the possessor of such document to transfer or receive goods thereby represented.
Page xvii - 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 173 - ... if there is a general scheme for the benefit of a great number of persons, and then, either by permission or acquiescence, or by a long chain of things, the property has been either entirely or so substantially changed as that the whole character of the place or neighborhood has been altered so that the whole object for which the covenant was originally entered into...
Page xiv - ... 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 xiv - ... 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 defendants is bound by this act of William, the surrenderor.
Page 469 - No notice of any trust, express, implied, or constructive, shall be entered in the register book or be receivable by the registrar, and, subject to any rights and powers appearing by the register book to be vested in any other person...

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