A Systematic Arrangement of Lord Coke's First Institute of the Laws of England, on the Plan of Sir Matthew Hale's Analysis, Volumen2R.H. Small, 1827 |
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Página iv
... mortgagor's death before day of payment , his heir may perform the condition . 40 , 1 .; or his executors , & c . 42. Se- cus as to a stranger , 43. Unless the heir be an ideot , ib . Condi- tion to have fee on payment of money by a day ...
... mortgagor's death before day of payment , his heir may perform the condition . 40 , 1 .; or his executors , & c . 42. Se- cus as to a stranger , 43. Unless the heir be an ideot , ib . Condi- tion to have fee on payment of money by a day ...
Página 11
... mortgagor should have and receive the profits , not the mortgagee , this is good and usual in such cases , and B may plead the verbal agreement to avoid the danger of usury . Burglacy v . Elling- ton , Brownl . Rep . 191. For , in such ...
... mortgagor should have and receive the profits , not the mortgagee , this is good and usual in such cases , and B may plead the verbal agreement to avoid the danger of usury . Burglacy v . Elling- ton , Brownl . Rep . 191. For , in such ...
Página 40
... mortgagor and mortgagee . 3d . Of the equity of redemption . 1st . As to the origin and different kinds of mortgages : -- The notion of mortgaging and redemption seems to have been derived to us from the civil law . According to that ...
... mortgagor and mortgagee . 3d . Of the equity of redemption . 1st . As to the origin and different kinds of mortgages : -- The notion of mortgaging and redemption seems to have been derived to us from the civil law . According to that ...
Página 41
... mortgagor in statu quo , since the lands were originally only a pledge for the money lent . Cro . Car . 191 . Hardr . 465. 469. 5 Bac . Abr . 4. And since this right or power of re- demption has been so understood , mortgages in fee ...
... mortgagor in statu quo , since the lands were originally only a pledge for the money lent . Cro . Car . 191 . Hardr . 465. 469. 5 Bac . Abr . 4. And since this right or power of re- demption has been so understood , mortgages in fee ...
Página 42
... mortgagor or his re- presentatives . Corder v . Morgan , 18 Ves . 344. Clay v . Sharpe , cited in Corder v . Morgan ... mortgagor and mortgagee : -With respect to the estate of the mortgagor , though it was formerly doubted whether ...
... mortgagor or his re- presentatives . Corder v . Morgan , 18 Ves . 344. Clay v . Sharpe , cited in Corder v . Morgan ... mortgagor and mortgagee : -With respect to the estate of the mortgagor , though it was formerly doubted whether ...
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Términos y frases comunes
action advowson albeit alien ancestor appeareth assigns assise attornment blood Bract Coke collateral collateral warranty common law contingent remainder conveyance court court of equity covenant deed defeated descent dieth disseisee disseisin disseisor diversity doth Eliz enter entry enure equity escheat executors father Fearn fee-simple feme covert feoffee feoffment in fee feoffor freehold gift in tail grant grantor Hargr hath heirs husband inheritance issue land lease lessee lessor limitation Littleton livery of seisin lord Lord Coke maketh manor ment mortgage mortgagor obligee particular estate party payment person plead possession Post privity purchase release rent reversion saith Sect Secus seignory seised seisin statute stranger supra tenant in tail tenements term thereof tion Vern vested void vouch warranty wife words writ writ of right
Pasajes populares
Página 778 - ... of and in such like estates as they had or shall have in use trust or confidence of or in the same.
Página 100 - ... by entry for non-payment of the rent, or for doing of waste or other forfeiture...
Página 102 - ... such conditions as either are incident to the reversion, as rent, or for the benefit of the estate, as for not doing of waste, for keeping the houses in reparations, for making of fences, scouring of ditches, for preserving of woods, or such like, and not for the payment of any sum in gross, delivery of corn, wood, or the like...
Página 171 - I give, devise, and bequeath all the rest and residue of my estate to my son...
Página 781 - ... to A. and his heirs, to such uses as A. shall appoint ; and, in default of appointment, to the use of himself, hie heirs and assigns,— the power of appointment is void ; but that, — if lands are conveyed to B.
Página 164 - It is a rule of law, that when the ancestor, by any gift or conveyance, takes an estate of freehold ; and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs in fee or in tail, that always in such cases, the heirs are words of limitation of the estate, and not words of purchase.
Página 147 - A contingent remainder is a remainder limited so as to depend on an event or condition which may never happen or be performed, or which may not happen or be performed till after the determination of the preceding estate...
Página 759 - J.'s first and other sons in tail male ; remainder to his daughters as tenants in common in tail, with cross remainders in tail between them, if more than one, with remainders over ; A.
Página 692 - Nothing is better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted: and this, in whatever manner the direction is given...
Página xx - Estates upon condition implied in law are where a grant of an estate has a condition annexed to it inseparably, from its essence and constitution, although no condition be expressed in words. As if a grant be made to a man of an office...