SACHEVERAL v. Frogat, 371 Sandon v. Hooper, 261 Savile v. Blackett, 230 Spurgeon v. Collier, 251 Stephens v. Stephens, 219 Stockwell v. Ritherdon, 435 Sugden v. St Leonards, 436 Sutton v. Sutton, 51, 260 Swayne's Case, 162 Sweet v. Seager, 373 Sweetapple v. Bindon, 89, 196 TALBOT v. Braddill, 251 Tewart v. Lawson, 220 Thomas, Re, 422 Thoinas v. Bennet, 402 Spencer v. Marlborough, 205, 218, Thomas v. Cook, 75 Smyth, Ex parte, 109 Smyth v. Foley, 408 Soane v. Ireland, 159 Solomon v. Solomon, 293 223 Spencer v. Pearson, 279 Spencer's Case, 49 Spike v. Harding, 54 Thomas v. Jones, 414 Thomas v. Thomas, 278 Thomson v. Hudson, 265 Thomson v. Lapworth, 373 Thompson v. Lawley, 427 Tollet v. Tollet, 225 Torriano v. Young, 53 Townley v. Watson, 435 Turner v. Skelton, Re, 333 Tweedale v. Tweedale, 281, 282 UNION BANK OF LONDON v. In gram, 271 Upperton v. Nickolson, 332, 337 VANE. Barnard, 99, 404 Vernon v. Smith, 64 Vint r. Padget, 283 WADDELL v. M'Coll, 387 Wall v. Bright, 428 Walton v. Levy, 68 Warner v. Fleetwood, 133 Warrick v. Warrick, 279 Watts v. Symes, 281, 282, 285 Waugh v. Land, 253 Whitbread, Ex parte, 290 Whitbread v. Jordan, 290 Whitechurch v. Holworthy, 174 Whittemore v. Whittemore, 332, 333 Wickham v. Hawker, 370 Wildgoose v. Wayland, 279 Wilkes v. Holmes, 226 Wilkinson v. Calvert, 72 Williams, Ex parte, 396 Williams, Re, 419 Williams v. Ashton, 418 Williams . Bosanquet, 381 Williams v. Bryant, 345 Williams. Byrnes, 314 Williams v. Chitty, 85 Williams v. Earle, 64 Williams . Glenton, 337 Williams v. Lake, 314, 318 Williams v. Owen, 253 Willowe's Case, 166 Wilson, Ex parte, 255 Woolley v. Colman, 271 Wilson, Re (L R. 1 P. & M. 269), Wormsley's Estate, Re, 293 Worthington, Re, 431 421 Wilson, Re (L. R. 1 P. & M. 582), Worthington v. Morgan, 291 97, line 4 from bottom, dele "of Chancery." 114, note (e), for 40 & 41 Vict. read 44 & 45 Vict. 244, note (r), for 44 & 45 Vict. c. 45, read 44 & 45 Vict. c. 41. 389, note (c), for 14 Geo. II., read 14 Geo. III. PRINCIPLES OF CONVEYANCING. INTRODUCTION. work. THE object of this work is, first, to present to the Object of the student an elementary view of the various forms of ownership of land which exist at the present day, with their rights and incidents; and, next, to examine the simpler forms of instruments used in transferring land from one person to another. Real Property. Land acquired, from an early date, the name of Land known as Real Property. For, since it is immovable, the owner of it could always recover the thing (res) itself from any person who had wrongfully deprived him of it; whilst in respect of movable property, such as furniture or money, his only remedy was to bring an action for damages against the person (persona) who had done him the wrong, and such property was, accordingly, distinguished as personal property. Land, again, and many kinds of property connected Hereditawith land, are said in legal phrase to consist of here- ments. ditaments, because when an owner of them dies without having disposed of them by his will, the law transfers his ownership to a person, selected in accordance with certain fixed rules, who is known as the heir (heres) of the deceased. Hereditaments are of two kinds, Corporeal and Incorporeal. Corporeal Corporeal hereditaments have been defined as those which affect A hereditaments. Incorporeal hereditaments. Corporeal hereditaments only to be treated of. Term of years is personal property. the senses, and may be seen and handled bodily: incorporeal, as those which are not the object of sensation, can neither be seen nor handled, are creatures of the mind, and exist only in contemplation (a). In other words, corporeal hereditaments comprise land, and tangible property annexed to and forming part of land; whilst incorporeal hereditaments consist of rights derived from the ownership of land; such, for example, as the right of presentation to an ecclesiastical benefice, a right of way, and many others. Of these incorporeal hereditaments some will be considered, incidentally, in various parts of this work; but we do not propose, except to that extent, to treat of this particular subject. And since the special way in which a man owns corporeal hereditaments is called (for a reason which will be explained hereafter) his estate in them, it follows that estates in corporeal hereditaments and modes of assurance relating to them are alone to be the direct object of our attention. There is one form of estate in land which does not in the event of its owner's intestacy go to his heir. This is the limited ownership which arises when a person is entitled to the use of land for a term of years, and which is considered by the law as personal, and not as real, property. Such property is, however, so closely connected with land, that it may be appropriately included amongst the subjects of a work which does not otherwise deal with personal property. Necessity of an A knowledge of the law relating to estates in land acquaintance with the earlier Would be insufficient unless accompanied by a slight tenures of land. acquaintance with the causes which brought about a gradual change in their characteristics. These causes can only be ascertained by studying the history of the ownership of land, and of the modifications which from time to time took place in it. The system (a) 2 Bl. Com. 17. |