« AnteriorContinuar »
sers of, 286, 287. Of wife, husband's power over, 288. On speci-
fic performance of agreements for the purchase of, 289. Liable to
be taken in execution, 147, 290. Forms, of assignment of, 262.
Mortgage of, 454.
Church-act for ascertaining boundaries of church lands, 142. Form
of grant of a seat in, 362. Observations on, 363 n.
Churchwardens-power over parish property, 528. Are a co sora-
tion, as to, ib.
Clerk of a Parish--on the right to appoint and remove, 239. Form
of appointment of, ib.
Cognovits-must be attested by debtor's own attorney, 146, 332.
Defeasance on should be written on same paper, 689. Forms,
332. Of affidavit of execution of, 333. See Warrants of Attorney.
Common, Right of-what length of user gives a title to, 177.
Conditions of Sale-forms of, 335. Of copyholds, 346. Lease.
bolds, 343. Timber, 349. For a lease, 421. Parish property,
539. See Agreements.
Contingent Interests-may be devised, 181. May be conveyed in
equity, 362. Do not prevent a merger, 677. Will be destroyed
by merger of particular estate, ib.
Continuat Claim-rights are not preserved by, 172.
Conveyance-observations on, 389. Parties in, 10. Recitals in, 11, 16.
Description of premises in, 13. Proper covenants in, 14. Costs of
preparation and execution of, 205. Of perusal of, 605. Stamps on,
657. Forms, of lease and release, 352, 354. Appointment and release,
356. Feoffment, 358. Deed of gift, 360. Of furniture, ib. Of
a reversion or remainder, 361. Of a pew, 362. Bargain and sale
enrolled, 364. Exchange, 365. By mortgagor and mortgagee,
368. By trustees for sale, 369. By trustees and heir, 370.
Tenant for life and remainder-man, 371. Remainder-man to tenant
for life, 372. From husband and wife, 373. With mortgage, 374.
From devisee, annuitant, and legatee, 377. By tenant for life to
reversioner, 380. By assignees of a bankrupt, 381. To bar an
entail, 384. Of equity of redemption, 382. Of copyholds, 386.
Of leaseholds for lives, 388. Of parish property, 541; if copy-
hold, 544. Of real estate, on trusts for sale, preparatory to mar-
riage, 640. See Assignment ; Release ; Reconveyance; and Sur-
Coparcener-possession of one, not the possession of the other,
Copyholds—may be devised, though testator not admitted, 181.
Though no custom for doing so, ib. Extracts of wills of, are to
be entered on the rolls, ib. Included in general devise, 184, 712.
Purchaser of, must bear expense of surrender and admission, 196,
205. Observations on abstract of title to, 118. Observations on
conveyance of, under bankruptcy, 381. Suggestions, as to the mort-
gage of, 459. On discharge of mortgage of, 607. Forms, of
abstract of title to, 128. Covenant to surrender, 386. Mortgage
Costs-attorney cannot take security for future costs, 273. Observa-
tions on attorney's lien for, 300. Costs of admission to copyholds,
on a purchase, 196, 205. Of taxation of bills, 304. Of demurrer
to examination, falls on witness, if overruled, 305. Of making out
a title, 203. Of examining abstract, 204. Of conveyance, 205.
Assignment of terms, ib. Of attested copies, 206. Of perusing
and taking an opinion on reconveyances, &c., 605. Occasioned by
refusal to execute a reconveyance, ib. Of trustees, ib. 643.
Form of security for, 273. Undertaking to pay, 138.
Covenant to stand seised-consideration of blood, or marriage, neces-
Covenants—to what a purchaser is entitled, 14. On sale for pay-
ment of debts or legacies, 15. In assignment of leases, ib. In
conveyances of land subject to any charge, ib. In reconveyances,
604, 605. Of leaseholds, 605. Usual covenants in a lease, 404 n.
On the covenant in a lease not to assign, 16, 406. To do anything
under a penalty, 218. Construction of covenant to repair in a lease,
405. Proper covenants in a mortgage, 458. Forms, of assignment
of benefit of a covenant, 281. Of commencements of, 84. To sur-
render copyholds, 386. To keep accounts, 221.
In Conveyances-for title of freeholds, 85. Against incumbrances,
89. Of freeholds and leaseholds, ib. Of leaseholds, 94. By
assignee to indemnify vendor from rents, &c., 96, 97. For pro-
duction of title-deeds, 92. From purchaser of equity of redemp-
tion to indemnify mortgagor, 93. In assignment of a debt, 264,
267. To indemnify assignor of a debt, 265. That feme covert
shall acknowledge a deed, 374. That parties, when of age, shall
execute a deed, 378.
-In Leases-for payment of rent and taxes, 103, 408. To repair, ib.
and 419. To paint, 104. To quit at expiration of term, 104, 408.
Not to use offensive trades, 105, 410. To keep sheep on the
premises, 105. To litter out cattle, ib. To repair fences, 106.
Not to lop trees without permission, ib. Not to plough up pas-
tures, 107. To take beer of landlord, ib. To serre notice on
trespassers, and allow landlord to use tenant's name, 112. To
permit lessor to enter to see repairs, 113, 409. To sow a quan-
tity of acres before leaving, 114. To insure against fire, 108. To
build a house, 110. To use lands properly, ib. To leave
straw, 111. To lay down clover and grass, ib. To make sum-
mer fallows, &c., ib. Not to over-crop, ib. To sow clover, 112.
To permit lessor to plough before tenancy expires, ib. By lessor
for quiet enjoyment of premises, 108, 411. To contribute to
party-walls, 109. That tenant may have a boozy pasture,
-In Mortgages--payment of principal and interest, 97. Premiums
on insurance, 98. Of floating balance in mortgage to bankers,
102. For title in mortgage in fee, 98. For a term, 100. By
appointment, 450. In assignment of mortgage that money is
- In Release-of debts for further assurance, 617.
- In Settlements for payment of an annual sum to trustees, 637. To
settle after acquired personalty, 638.
Creditors—when deeds require a consideration to be valid against,
3. Rights on their debtors' real estates, 143, 144. Good wit-
ness to a will containing a charge in their favour, 182. Form of
legacy to, 694. Act for extending their remedies against their
debtors, 145. Loses benefit of securities on taking the person of
his debtor, 148. Entitled to interest on their judgments, ib.
Must register their judgments, 149.
Crown—may release lands of its debtors from extents, 169. Quietus
to its debtors and accountants, to be registered, ib. Its judgments
and extents must be registered, 168.
Debts-bequest of, subject to lapse, 693. Act for payment of, out
of real estate, 143, 144. Form of release of, by will, 693. On
judgment, carry interest, 148. Provision as to payment of, on dis-
solution of partnership, 567, 572. Acknowledgment to take it
out of the statute of limitations must be in writing, 139. Of in-
fants, ib. Form of affidavit of, 579. Insolvent's future property
liable to, 691.
Declaration-see Statutory Declaration.
Declaration of Trust-see Trust.
Decrees-have the effect of judgments, 148. Must be registered,
Deeds-definition of, l. Essentials to, ib. Of infants, 1, 2. Mar-
ried women, 2. Idiots and lunatics, ib. When consideration ne-
cessary, ib. Execution of, 3. By attorney, 3, 115. Reading of,
before execution, 3. Takes effect from delivery of, 4. Date, ib.
Attestation, 4, 115. Reasons why solicitors should not attest, 5.
How avoided, 5, 6. How affected by fraud, 6. When void, ib.
Different parts of, 6, 7. Operative words in, 37. Observations
on the preparation of, 9. Parties, 10. Recitals, ll, 12. De-
scription of parcels, 12. What property can be conveyed at law,
13. Observations on perusing, 14. As to the production of, on
a sale, 204. Attorney's lien on, 303. Mortgagee should obtain
possession of, 460. Schedule of, should be given on mortgage,
607. Right to attested copies of, 206. Right to possession, or
covenant for production of, ib. Stamps on, 660. Form of cove-
nant for production of, 92.
Demurrage-protest of, 483.
Devise--what may be devised, 181. To attesting witnesses, their
wives or husbands, void, 182. Conveyance or other act, is
only a revocation of pro tanto, 184. If general, operates as an
appointment, ib. Of residue includes lapsed and void devises, when,
ib. If general, includes copybolds and leaseholds, 184, 712.
Passes a fee without words of limitation, 184, 711. “ Die with-
out issue,” meaning of, in a devise, 184. To trustees, effect of, 185.
Of estates tail do not always lapse, 185, 714. To issue of testator do
not always lapse, 185. Revoked by marriage, 183, 713. What
are words of condition in, 715. Forms of, of trust and mortgage
estates, 695. In trust to sell, 697. In fee, 698. To an infant,
ib. Of real estate for life, 699. See Will.
Devisee-must covenant against acts of his devisor, 14.
Disability-persons under, allowed ten years from its determination
to assert their rights, 172.
Distress for Rent-forms applicable to, 398. Observations on, 401.
Dower—seisin of husband, not necessary for title to, 150. Lands
may be conveyed or devised free from dower, ib. Devise of any
real estate to widow, will bar her dower, ib. Women married be-
fore 1834, not affected by the dower act, ib. Arrears of, barred af.
ter six years, 175. Observations on conveyances with reference
to, 389. Estate in, does not confer right to protectorship, 155,
594. Statute for the amendment of the law of, 150. Provisions
for passing dower, 164. Forms relating to, 186.
Ejectment-form of warrant of attorney in, 684.
Equitable Estates will not merge in an estate in remainder, 676.
Will merge in the legal estate, 678.
Equity of Redemption-observations on, 382 n. Foreclosure of, 464.
Reference of foreclosure suit, 462. Purchaser of, must indemnify
vendor against the mortgage, 15. Purchaser of, should give no-
tice to mortgagee, 382. Barred after 20 years, 173, 464. Form
of conveyance of, 382. Covenant by purchaser to indemnify ven-
Estate Tail-devise of, will not lapse when, 185, 714. Will not
merge, 676. Form of deed for barring, 384. Suggestions on the
settlement of, 657. Act for abolition of fines and recoveries, 151.
See Protectorate ; Tenant in Tail.
Estates pur autre vie are assets in the hands of heir or executor, 181.
Where no special occupant, shall go to executor, ib. Will merge
in an estate for life, 676.
Exceptions-in conveyances, 41. Forms, of timber, 42, 44. Game
and fish, 43. Mines, ib. Liberty to plant, 42, 43. In a lease,
Exchange-form of, 365. Of right of way, 615. Agreement for,
190. Stamps on, 660.
Executor-is a good witness to a will, 183. Is not protector of a
settlement, 155. Entitled to estates pur autre vie, where no spe-
cial occupant, 181. Devise to, 185. Bound by testator's cove-
Forms, of appointment of, 692.
Feme Covert-protector with her husband of her estates, 155. Sole
protector, where she has the separate use, 155, 158. Deeds of in
general void, 2. May convey by deed acknowledged, 164. Power
over her separate estate, 649. May be restrained from aliening her
separate estate, ib. May execute wills under a power, 182.
May act under power of attorney, 587. Mode of providing for,
against husband's bankruptcy, 647. Entitled to the custody of her
children when under seven, 166. Estate of, husband entitled to for
joint lives, 648 n. On her husband's power over her choses in action,
288. Porms, as to acknowledgment of deeds by, 186. Of conveyance
from, 373. Trust for separate use, 632. Of lease of lands of,
419. Of reddendum in a lease of her lands, 50.
Feme Sole-marriage of, is dissolution of partnership, 572.
Feoffment-operative words in, 38. Form of recital of, 32. Form
of, 358. Must be completed by livery of seisin, 358. Modes of
delivering seisin, 358. Stamps on, 660.
Fines and Recoveries-act for the abolition of, 150. Abolished,
152. If defective, rendered valid in certain cases, 153.
Foreclosure—suit for, observations on, 462. Reference of, under
7th Geo. II. 462. Unnecessary after a certain period, 464.
Fraud-time runs against the remedy from discovery of it, 173.
Makes deeds void, 6. Releases obtained through, void, 626. See
Statute of Frauds.
Further Charge-observations on, 465, 446. Forms of, 444, 455.
Gamekeeper-appointment of, 240.
General Devise-what it will comprise, 184, 712.
General Words-forms of, in conveyances, 40.
Grant- forms, of operative words in, 38. Of a reversion or remain-
der, 361. Of tithes, 361 n. Of a seat in a church, 362. Of a
* right of way, 615 n.
Guardian observations on, 238 n. Forms, of appointments by infant,
236. By father, 238. By will, 692.
Habendum-object of, 7. Forms of, 45.
Heir-must covenant in a conveyance against the acts of his ancestor,
14. Not protector to a settlement, 155, 596. When also devisee
shall take as such, 167. Estates pur autre vie, assets in hands of, when
special occupant, 181. When bound by ancestor's contracts, 195.
Identity-of parcels in deeds, how preserved, 13. Notary's certificate
of, as to persons, 467.
Indenture-definition of, 9, 10. A person not a party to, cannot
take under, 588. Exception to the rule, ib.