A Treatise on DeedsSweet and Maxwell, 1906 - 694 pages |
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Page 24
... applied except to deeds inter partes ; a deed poll could always be sued on by any person with whom the covenant was made , and an indenture not inter partes is for this purpose a deed poll : Clement v . Henley ( 1643 ) , 2 Roll . Ab ...
... applied except to deeds inter partes ; a deed poll could always be sued on by any person with whom the covenant was made , and an indenture not inter partes is for this purpose a deed poll : Clement v . Henley ( 1643 ) , 2 Roll . Ab ...
Page 46
... deeds shall be taken most beneficially for the party to whom they are made ; secondly , that a deed shall never be void , where the words may be applied to any intent to make it good ; DEEDS TO TAKE EFFECT IF POSSIBLE . and upon this.
... deeds shall be taken most beneficially for the party to whom they are made ; secondly , that a deed shall never be void , where the words may be applied to any intent to make it good ; DEEDS TO TAKE EFFECT IF POSSIBLE . and upon this.
Page 54
... applying another of those modes . If it is intended to take effect by transfer , the Court will not hold the intended transfer to operate as a declaration of trust : " per Turner , L.J. , Milroy v . Lord ( 1862 ) , 4 D. F. & J. 264 at p ...
... applying another of those modes . If it is intended to take effect by transfer , the Court will not hold the intended transfer to operate as a declaration of trust : " per Turner , L.J. , Milroy v . Lord ( 1862 ) , 4 D. F. & J. 264 at p ...
Page 60
... applying the instrument to the facts , and determining what passes by it , and who take an interest under it , a second description of evidence is admissible , viz . , every material fact that will enable the Court to identify the ...
... applying the instrument to the facts , and determining what passes by it , and who take an interest under it , a second description of evidence is admissible , viz . , every material fact that will enable the Court to identify the ...
Page 67
... applied to the construction of Acts of Parliament : Laird v . Briggs ( 1881 ) , 19 Ch . D. 22 ; and to wills . In Roddy v . Fitzgerald ( 1858 ) , 6 H. L. C. 823 , Lord Wensleydale , in laying down the rules for the interpretation of ...
... applied to the construction of Acts of Parliament : Laird v . Briggs ( 1881 ) , 19 Ch . D. 22 ; and to wills . In Roddy v . Fitzgerald ( 1858 ) , 6 H. L. C. 823 , Lord Wensleydale , in laying down the rules for the interpretation of ...
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Common terms and phrases
admissible agreement alteration ambiguity Anon applies appointment appurtenant Beav begotten body child cited clause common law construction construed contract conveyance conveyed corporation Court covenant coverture daughters death deed deed poll default delivery demise easements eldest Eliz entitled estate pur autre estate tail estoppel evidence executed executors expressed fee simple fee tail feoffee feoffment freehold gift grant grantor habendum heirs and assigns heirs male Held hereditaments instrument intention interest issue joint tenants land lease lessee Litt Lord manor marriage marriage settlement meaning ment messuage Moore mortgage parties pass patent ambiguity person personalty plaintiff premises provision pur autre vie purchase Raym recital release rent rule S. C. sub nom seal seised seisin settlor share Shep Statute take effect tenants in common tenement term tion trust usage vested Vict void word heirs
Popular passages
Page 535 - Where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant; and an action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration.
Page 131 - It has long been settled, that, in commercial transactions, extrinsic evidence of custom and usage is admissible to annex incidents to written contracts, in matters with respect to which they are silent. The same rule has also been applied to contracts in other transactions of life, in which known usages have been established and prevailed ; and this has been done upon...
Page 524 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed ; an action may be brought for the money, or for not doing such other act before performance, for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent. And so it is where no time is fixed for performance of that, which is...
Page 54 - The cases I think go further to this extent, that if the settlement is intended to be effectuated by one of the modes to which I have referred, the court will not give effect to it by applying another of those modes.
Page 57 - ... as by the known usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words...
Page 27 - ... inasmuch as the written words are the immediate language and terms selected by the parties themselves for the expression of their meaning, and the printed words are a general formula adapted equally to their case and that of all other contracting parties upon- similar occasions and subjects."— Robertson v.
Page 73 - Where there is nothing in the context of a will from which it is apparent that a testator has used the words in which he has expressed himself in any other than their strict and primary sense...
Page 74 - ... to be interested under the will, and to the property which is claimed as the subject of disposition, and to the circumstances of the testator and of his family and affairs; for the purpose of enabling the court to identify the person or thing intended by the testator...
Page 535 - The distinction is very clear : where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other ; but where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 98 - Ambiguitas patens is never holpen by averment, and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in law...