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Dart's Treatise On The Law And Practice Relating To Vendors And Purchasers Of Real Estate | by J. Henry Dart



TitleDart's Treatise On The Law And Practice Relating To Vendors And Purchasers Of Real Estate
AuthorJ. Henry Dart
PublisherStevens And Sons, Limited
Year1929
Copyright1929, Stevens And Sons, Limited
AmazonA treatise on the law and practice relating to vendors and purchasers of real estate

Eighth Edition

By E. P. Hewitt, LL.D. One Of His Majesty's Counsel, And A Bencher Of Lincoln's Inn, And M. R. C. Overton, M.a., of Lincoln's inn, barrister-at-law; formerly scholar of winchester college, and sometime scholar of trinity college, oxford.

In Two Volumes

-Preface To The Eighth Edition
Since the last Edition of this work appeared, nearly a quarter of a century has elapsed. During that interval a very large number of cases affecting the law of vendors and purchasers of real estate ha...
-Table Of The Reigns
Of the English Sovereigns, with Corresponding Dates (a). William I 1 25 Dec. 1066 24 Dec. 1067 2 25 Dec. 1067 24 Dec. 1068 3 25 Dec. 1068 ...
-Table Of The Reigns Of English Sovereigns
Henry I 1 5 Aug. 1100 4 Aug. 1101 2 5 Aug. 1101 4 Aug. 1102 3 5 Aug.1102 4 Aug. 1103 4 5 Aug. 1103 4 Aug. 1104...
-Addenda
Page 21, note (c). - Add at end Re Cockerill, 1929, 2 Ch. 131; 98 L. J. Ch. 281. Page 23, note (y). - Add at end Inche Noriah v. Shaik Allie Bin Omar, 1929, A. C. 127; 98 L. J. P. C. 1. Page 27...
-Chapter I. Restrictions On The General Capacity To Buy Or Sell Real Estate
1 He questions who may sell, and who may buy, real estate, may be conveniently discussed, by assuming the existence of a general capacity to enter into the relation of vendor or purchaser, and by then...
-(1) Who are generally incompetent to sell
A proposed vendor, though having a good title to, and being the absolute owner of property, and standing in no fiduciary relation towards the proposed purchaser, may yet be unaer some personal incapac...
-Who are generally incompetent to sell. Part 2
(n) Re Cardross, (1878) 7 Ch. D. 728; 47 L. J. Ch. 327; Shipway v. Ball, (1881) 16 Ch. D. 376; 50 L. J. Ch. 263; and see Re D'angibau, (1880) 15 Ch. D. at p. 234; 49 L. J. Ch. 756. (o) Re Armit, (187...
-Who are generally incompetent to sell. Part 3
(f) Johnson v. Bye, (1665) 1 Sid. 258; and see Liverpool Association v. Fairhurst, (1854) 9 Ex. at p. 430; 23 L. J. Ex. 163. See Re A. and M. (Debtors), 1926, Ch. 274. (g) R. Leslie, Ltd. v. Sheill, ...
-Who are generally incompetent to sell. Part 4
Under Lunacy Act, 1890. By s. 22, sub-s. (1), of the L. P. Act, 1925, where a legal estate in land (whether settled or not) is vested in a lunatic or a defective, either solely or jointly with any o...
-Who are generally incompetent to sell. Part 5
Acknowledgment dispensed with. Although the legal and equitable fee simple is vested in a married woman, she and her husband may, nevertheless, be unable (except under a statutory power, e.g., the S....
-Who are generally incompetent to sell. Part 6
A married woman, governed by the old law, may 'act in such a way that she becomes estopped from setting up an adverse claim (g). But neither under the old law nor under the new, is a married woman, wh...
-Who are generally incompetent to sell. Part 7
Incapacity of charity trustees. (s) S. 53 (3). (t) S. 55. (u) S. 54; and see inf. (x) S. 37. (y) Cohen v. Mitchell, (1890) 25 Q. B. D. at p. 267; 59 L. J. Q. B. 409. (z) Re Clayton and Barclay, 18...
-(2) Who are relatively incompetent to sell
Section 2 Incapacities to sell of the second description may be considered to consist in, 1st, the want of a transferable (y) title to the property proposed to be dealt with; and, 2ndly, the existenc...
-(3) Who are generally incompetent to purchase
Purchasers must, necessarily, be either individuals (z) or corporations; corporations, of whatever description, may purchase, but cannot, in their corporate capacities, hold land, except under a licen...
-Who are generally incompetent to purchase. Continued
Infant purchasing may elect, after majority. An infant, after attaining majority, must, if he intend to abandon his contract, do so within a reasonable time to be determined on the circumstances in ...
-(4) Who are relatively incompetent to purchase
Section 4 The cases to be considered under this section may be classified under two heads. Two classes of cases: I. Where a man has a trust for, or power of sale - as a trustee or mortgagee, or as ...
-Who are relatively incompetent to purchase. Part 2
An agent for sale cannot purchase; except where the purchase is made with the knowledge and consent of his employer (c); in which case the sale is, in substance, made by the employer, and not by the a...
-Who are relatively incompetent to purchase. Part 3
Mortgagee. (1857) 23 Beav. 358. But In Clark v. C, (1884) 9 A. C. 733; 53 L. J. P. C. 99, the rule was held not to extend to a person named as executor, who, although he had not renounced, had neithe...
-Who are relatively incompetent to purchase. Part 4
Purchase not rendered valid by being by auction, etc. (r) See Oldin v. Samborne, (1737) 2 Atk. 15; Mulhallen v. Marum,, (1843) 3 D. & War. 317; Archer v. Hudson, (1844) 7 Beav. 551; 13 L. J. Ch. 380;...
-Who are relatively incompetent to purchase. Part 5
(l) Spencer v. Topham, (1856) 22 Beav. 573. (m) 1903, 1 Ch. p. 60. (n) Prees v. Coke, (1871) L. R. 6 Ch. 645. (o) See Mcpherson v. Watt, (1877) 3 A. C. 254, 263. (p) Jones v. Thomas, (1837) 2 Y. &...
-Who are relatively incompetent to purchase. Part 6
(i) See Ex p. James, (1803) 8 Ves. at p. 353; Benton v. Donner, (1856) 23 Beav. 285; Hickley v. E., (1876) 2 Ch. D. 190; 45 L. J. Ch. 401; Plowright v. Lambert, sup.; Dougan v. Macpherson, 1902, A. C....
-Who are relatively incompetent to purchase. Part 7
Terms of resale. In the case of a resale, the beneficiaries cannot, if the estate were bought in one lot, insist on its being put up in several lots (l), nor, it is conceived, allotted otherwise than...
-Who are relatively incompetent to purchase. Part 8
(c) Anon., cited 6 Ves. 632. (d) Wright v. Vanderplank, (1856) 8 D. M. & G. 133; Harston v. Tenison, (1882) 20 Ch. D. 109, per Fry, J., 117; 51 L. J. Ch. 645. (e) Whichcote v. Lawrence, (1798) 3 Ves...
-Chapter II. Sales And Purchases By Fiduciary Vendors And Purchasers
Under the term, fiduciary vendors, we may include agents for sale, .trustees in bankruptcy, mortgagees with powers of sale, tenants for life or statutory owners selling under the S. L. Act, persons se...
-(1) The time for sale
Section 1 An agent for sale should, subject to a reasonable exercise of discretion, sell with all convenient speed. By agents. It was formerly the duty of assignees of a bankrupt, as it now is of t...
-The time for sale. Part 2
Persons selling under the Clauses Acts must, of course, sell within such limits (if any) as to time as are prescribed by the Act under which they derive their powers. The L. C. C. Act, 1845, imposes n...
-The time for sale. Part 3
Pergonal representative. Sect. 36 (7) of the A. E. Act, 1925, provides that an assent or conveyance by, a personal representative in respect of a legal estate shall, in favour of a purchaser, unless ...
-The time for sale. Part 4
Beneficiaries suijuris. Power to postpone sale. Trustees of a mere power of sale (p), with the usual trusts for re-investment in real estate, ought not to sell except for some good reason (q); altho...
-(2) Manner of sale
Section 2 Unless the instrument creating the trust or power direct the contrary, trustees and agents for sale might, even before Lord Cranworth's Act (m), sell by private contract (n); and were not b...
-Manner of sale. Part 2
Sale of standing timber separately. (v) T. Act, 1925, 8. 10 (2). As to the old law, see Bavey v. Durrani, (1857) 1 D. & J. 535: 26 L. J. Ch. 830. By s. 49 (2) of the S. L. Act, 1925, a sale may be m...
-Manner of sale. Part 3
Oppressive sale by mortgagee not necessarily invalid. (h)See note (A), previous page. (i) Dicker v. Angerstein, (1876) 3 Ch. D. 600; 45 L. J. Ch. 754. See Selwyn v. Garfit, (1888) 38 Ch. D. 673; Bar...
-Manner of sale. Part 4
Where the power is annexed to an office, the persons who fill the office at the time of execution can exercise the power, (f); it is a question of intention whether the power is given to the person or...
-(3) The price
Section 3 The general rule has been that trustees should sell for a gross sum of money, unless any other consideration is specially authorised; for instance, a 6ale in consideration of a rent-charge ...
-(4) General points relating to sales by fiduciary vendors
Section 4 Subject to express stipulation, fiduciary vendors must show a marketable title - that is, a title which may be forced on an unwilling purchaser (q) - and are in all respects liable to a pur...
-(5) Purchases by, trustees
Section 5 Trustees are not, apart from the S. L. Act, justified in investing trust money in the purchase of real estate, unless specially authorised so to do by the instrument creating the trust (r);...
-Chapter III. The Relative Duties Of Vendors And Purchasers Prior To The Sale. (1) Disclosure or concealment of defects, incumbrances, etc. by a vendor
Section 1 Defects in an estate may be either patent, - that is, such as may be discovered by ordinary vigilance on the part of a purchaser or his surveyor; e.g. the existence of an open footpath over...
-The Relative Duties Of Vendors And Purchasers Prior To The Sale. (1) Disclosure or concealment of defects, incumbrances, etc. by a vendor. Part 2
(r) See Coleman v. Riches, (1855) 16 C. B. 104; 24 L. J. C. P. 125; Barwick v. English Joint Stock Bank, sup.; Brownlie v. Campbell, (1880) 5 A. C. 925; Mullens v. Miller, (1882) 22 Ch. D. 194; 52 L. ...
-Disclosure or concealment of defects, incumbrances, etc. by a vendor. Part 3
It is the duty of the vendor to disclose all that is necessary to protect himself, and not the duty of the purchaser to make inquiry before entering into a contract (o). A vendor, on a sale of leaseho...
-(2) Commendatory and other similar statements by a vendor
Section 2 As a general rule, mere expressions of praise or affirmations of value, such as, that an estate, sold as a renewable leasehold, is nearly equal to freehold (u); or that a house of mean ch...
-Commendatory and other similar statements by a vendor. Continued
As to valuations. As to offer of purchase. A false statement that a specified rent is paid for the premises (p), has been held to subject the vendor to an action at Law, though the purchaser made in...
-(3) Concealment and disclosure of advantages by the purchaser
Section 3 A purchaser need not disclose any fact, unknown to the vendor, which increases the value of the property itself; e.g., the existence of a mine (m); or the existence of negotiations for an a...
-(4) Depreciatory remarks, etc, by the purchaser
Section 4 A purchaser who has misrepresented the property to a third person desirous of purchasing it, cannot enforce the contract in Equity (r): so at Law, when a purchaser, by his statements in the...
-Chapter IV. Particulars And Conditions Of Sale. (1) Generally
Section 1 Particulars and conditions of sale, if intended to exclude the purchaser from that to which he would otherwise be entitled, must be expressed in clear and unambiguous terms (a); if there is...
-The Preparation And Contents Of The Particulars Of Completing The Contract
(2) The preparation and contents of the particulars of completing the contract, and who bid without the sanction of, and unknown to, the vendor, does not enable the purchaser to avoid the contract, th...
-The Preparation And Contents Of The Particulars Of Completing The Contract. Part 2
Agreement to sell land, what it includes. (i) Torrance v. Bolton, (1872) 8 Ch. 118; 42 L. J. Ch. 177; Gardiner v. Tate, (1876) 10 I. R. C. L. 460. Of. Blaiberg v. Keeves, 1906, 2 Ch. 175. (k) Be Whi...
-Preparation And Contents Of Particulars Of Completing The Contract. Part 3
Where land is sold as fen land, the particulars need not refer to embanking and drainage taxes, to which it is-subject under a local but public Act of Parliament (u). Or statutory local taxes: (m) S...
-Preparation And Contents Of Particulars Of Completing The Contract. Part 4
Or deceptive statement as to covenants. (d) Shepherd v. Croft, 1911, 1 Ch. 521. (e) King v. Wilton, (1843) 6 Beav. 124. See Whittington v. Corder, (1852) 16 Jur. 1034. (f) Cox v. Coventon, (1802) 3...
-Preparation And Contents Of Particulars Of Completing The Contract. Part 5
Plan showing intended adjacent roads and improvements Statement that adjoining land is building land. (z) Baskcomb v. Beckwith, (1869) 8 Eq. 100; 38 L. J. Ch. 536. (a) Feoffees of Heriot's Hospital...
-(3) The Conditions
The conditions of sale should be printed and circulated some time previously to the sale, or at any rate in the auction-room, so as to give each person an opportunity of ascertaining the terms on whic...
-The Conditions. Part 2
Delivery of abstract. (g) Farrer v. Lacy Hartland, (1886) 31 Ch. D. 42. (h) Mcmanus v. Fortescue, 1907, 2 K. B. 1. (i) Compton v. Bagley, 1892, 1 Ch. 313; 61 L. J. Ch. 113. (k) Sag. 14th ed. 406; ...
-The Conditions. Part 3
(a) Esdaile v. Stephenson, sup. See the judgment in De Visme v. De V., (1849) 1 M. & G. 336; 18 L. J. Ch. 159. In Re Keeble and Stillwells Fletton Brick Co. (d), K., in May, 1897, agreed to purchase ...
-The Conditions. Part 4
(m) Worley v. Frampton, (1846) 5 Ha. 560; 16 L. J. Ch. 102; Onslow v. Lord Londesborough, (1852) 10 Ha. 67. The General Conditions of 1925 provide that on a sale of settled land the vendor, who is an ...
-The Conditions. Part 5
As to what is timber. (s) Cf. General Conditions of 1925, No. 3. As to what are fixtures;, see inf. p. 485. (t) See, however, Ex p. Quincy, (1750) 1 Atk. 477. (u) L. P. Act, 1925, s. 62 (1), whic...
-The Conditions. Part 6
Or caused by gross negligence. A sale of property merely by its usual and known description, without alteration, addition, or comment, will bind the purchaser, though such description may in fact acc...
-The Conditions. Part 7
(a) Madeley v. Booth, (1848) 2 De G. & Sm. 718; Beyfus and Masters' Contract, (1888) 39 Ch. D. 110. (b) Stewart v. Alliston, (1815) 1 Mer. 26. (c) Dimmock v. Hallett, (1866) 2 Ch. 21; 36 L. J. Ch. 1...
-The Conditions. Part 8
Or where serious misdescription as to quantity; stated (d); or where the particulars stated the premises to be in the joint occupation of A. and B. as lessees, when in fact A. was only assignee of the...
-The Conditions. Part 9
Verification of abstract. Cost of production. (n) Nicoll v. Chambers, (1801) 11 C. B. 996; 21 L. J. C. P. 54; and see Lethbridge v. Kirkman, (1855) 2 Jur. N. S. 372; 25 L. J. Q. B. 89. (o) Cordingl...
-The Conditions. Part 10
Custody of deeds, on sale in lots. Every condition intended to relieve the vendor from his prima facie (k) liability to deduce a marketable title, and verify the abstract by proper evidence, must be ...
-The Conditions. Part 11
In Bolton v. London School Board (x), it was held by Malins, V. C, that a recital in a conveyance more than twenty years old that the vendor was seised in fee simple was sufficient evidence (under s. ...
-The Conditions. Part 12
Conditions, if explicit will bind purchaser. (d) See further as to the rule in Re Ford and Hill, Wilkes v. Spooner, 1911, 2 K. B. 473, 486. (e) See Edwards v. Wickwar, (1865) 1 Eq. 68; S. C, ib. 403...
-The Conditions. Part 13
Matters prior to commencement of title. (c) See Johnson v. Smiley, (1868) 17 Beav. at p. 233; 22 L. J. Ch. 828. (d) Re Marsh and Earl Granville, (1883) 24 Ch. D. 11. The test whether a condition is...
-The Conditions. Part 14
(s) Monro v. Taylor, (1848) 8 Ha. 51; 21 L. J. Ch. 525. (t) See Dawson v. Brinckman, (1858) 3 M. &, G. 53; Crosse ,v. Lawrence, (1852) 9 Ha. 462; 21 L. J. Ch. 889; and sup. p. 146. (u) Parker, V.-c....
-The Conditions. Part 15
Requisitions, time for. The time for making requisitions begins to run from the delivery of a perfect abstract (i); but a purchaser will not be bound by the condition where the vendor has not deliver...
-The Conditions. Part 16
(z) Duddell v. Simpson, (1866) 2 Ch. 102; 36 L. J. Ch. 70; Greaves v. Wilson, (1858) 25 Beav. 290; 27 L. J. Ch. 546; Turpinv. Chambers. (1861) 29 Beav. 104; 30 L. J. Ch. 470; Merrett v. Schuster, 1920...
-The Conditions. Part 17
When the vendor may rescind. (u) Re Spindler and Mears, 1901, 1 Ch. 908; 70 L. J. Ch. 420. (x) Re Higgins and Hitchman, (1882) 21 Ch. D. 95; 51 L. J. Ch. 772. (y) Buddell v. Simpson, (1866) 2 Ch. 1...
-(4) What special conditions are generally requisite in various specified cases
Section 4 In the preparation of special conditions it should be borne in mind that a purchaser, unless precluded by the conditions or by statute from so doing, may require evidence of all matters of ...
-What special conditions are generally requisite in various specified cases. Part 2
The vendor is prima facie responsible for his title deeds being properly stamped; so that, if there is any doubt of their being so, he should protect himself (l) as to documents executed before the 17...
-Special conditions are requisite in various cases. Part 3
Under a condition that the possession under the lease should be deemed conclusive evidence of the due performance, or sufficient waiver of any breach, of the covenants in the lease up to the completi...
-Special conditions are requisite in various cases. Part 4
Apportionment of rent and liabilities on sale in lots. (m) Turner v. Marriott, V.-c. K., 31 July, 1866. (n) See Taylor v. Martindale, (1842) 1 Y. & C. C. C. 658; 10 L. J. Ch. 339; Barnwell v. Harris...
-(5) General remarks on special conditions
Section 6 Upon sales by tenants for life, trustees, mortgagees, and other persons filling a fiduciary character, care is requisite in the use of special conditions. However large may be the power of...
-Chapter V. The Sale And Matters Connected Therewith. (1) Sale by Auction
An auction, in the widest sense of the term, is any mode of sale, however conducted, in which the vendor comes under an express or implied obligation to part with the property to the highest bidder; a...
-(2) The Auctioneer, etc
On receipt of instructions for a sale the auctioneer becomes the agent of the vendor. His appointment as agent need be in no particular form, and may be verbal (a); and the vendor may by his subsequen...
-The Auctioneer, etc. Part 2
(s) Warlow v. Harrison, (1858) 1 E. & E. 295; 28 L. J. Q. B. 18; (1859) 29 L. J. Q. B. 14; Woolfe v. Home, (1877) 2 Q. B. D. 534. (t) Fleet v. Murton, (1871) L. R. 7 Q. B. 126; 41 L. J. Q. B. 49; Ari...
-The Auctioneer, etc. Part 3
(s) Biggs v. Bree, (1881) 51 L. J. Ch. 263; Brown v. Farebrother, sup. (t) See Farebrother v. Prattent, (1818) 5 Pri. 303; Ex p. Mersey Bocks and Harbour Board, 1899, 1 Q. B. 546; 68 L. J. Q. B. 540...
-(3) Puffers and reserved biddings
Section 3 Prior to the Sale of Land by Auction Act, 1867, it was settled at Law that, unless the vendor's right to bid was expressly reserved, the employment of a single puffer would of itself vitiat...
-(4) Agents
Section 4 An agent may be authorised by word of mouth to sign a memorandum within s. 40 of the L. P. Act, 1925, which takes the place of the provisions relating to contracts for the sale of land cont...
-(5) The deposit
Section 5 The deposit is not only a payment by anticipation of part of the purchase-money, but also an earnest of the performance of the contract (u); and the purchaser cannot elect to forfeit it and...
-Chapter VI. The Agreement. (1) Statute of Frauds
Section 1 The provision in the fourth section of the Statute of Frauds (a) that no action shall be brought on any contract or sale of lands, unless there is a memorandum in writing, signed by the par...
-The Agreement. (1) Statute of Frauds. Part 2
. (q) Donellan v. Read, (1832) 3 B. & Ad. 899, 904; 1 L. J. N. S. K. B. 269; Hoby v. Roebuck, (1816) 7 Taun. 157; Manny. Nunn, (1874) 43 L. J. C. P. 241. Agreements to charge land (t), or a rent (u),...
-The Agreement. (1) Statute of Frauds. Part 3
(o) James Jones & Sons v. Tankerville, 1909, 2 Ch. 440. (p) See Smart v. Jones, (1864) 15 C. B. N. S. 717; 33 L. J. C. P. 154; and Doe v. Wood, (1819) 2 B. & Ald. at p. 738; 15 L. J. Ex. 41; Wood v. ...
-The Agreement. (1) Statute of Frauds. Part 4
The section does not extend to shares in a mining company conducted on the cost-book principle (q); or to shares in a railway company (r); or to shares in a water company (s). Shares in companies gove...
-(2) The preparation of formal agreements
Section 2 Upon a sale by auction, the agreement, of course, refers to, and is generally written or printed upon a copy of, the particulars and conditions. Agreement on sale by auction, refers to par...
-(3) What informal documents may constitute an agreement
Section 3 Informal agreements give rise to questions of greater difficulty. Informal agreements. We may lay down as general, though not universal, rules, first, that any writing signed by the party...
-What informal documents may constitute an agreement. Part 2
(k) Per Fry, L. J., 22 Q. B. D. p. 363. (l) Grindell v. Bass, 1920, 2 Ch. 487; and see Farr, Smith & Co. v. Messers, Ltd., 1928, 1 K. B. 397. (m) R. S. C. 1883, Ord. XIX. r. 15; Catling v. King, (18...
-What informal documents may constitute an agreement. Part 3
(e) Per Lord Cairns in Rossiter v. Miller, (1878) 3 A. C. at p. 1141: 48 L. J. Ch. 10; and see Stokes v. Whicher, 1920, 1 Ch. p. 421. (f) Skelton v. Cole, (1857) 1 D. & J. 587; Lovesey v. Palmer, 191...
-What informal documents may constitute an agreement. Part 4
(b) Per Lord Herschell in Henthorn v. Fraser, 1892, 2 Ch. at p. 33; 61 L. J. Ch. 373; and see Potter v. Sanders, (1846) 6 Hare, 1; Herna-man v. Coryton, (1850) 5 Ex. 453; 19 L. J. Ex. 353; and cf. Lut...
-What informal documents may constitute an agreement. Part 5
The writing must fix all the terms of the agreement. The form of conditions of sale prescribed and published by the Lord Chancellor on the 7th August, 1925, and made under the power (n) given by s. 4...
-What informal documents may constitute an agreement. Part 6
(e) Jackson v. J., (1853) 1 Sm. & G. 184; 22 L. J. Ch. 873; Dinham v. Bradford, sup.; see Cumberland v. Bowes, (1854) 3 C. L. R. 149; 24 L. J. C. P. 46, as to meaning of a fair valuation on contract...
-What informal documents may constitute an agreement. Part 7
What evidence admissible to connect documents. Missioners v. Dunkley, (1876) 4 Ch. D. 1; Kronheim v. Johnson, (1877) 7 Ch. D. 60; 47 L. J. Ch. 132; Coombs v. Wilkes, 1891, 3 Ch. 77; 61 L. J. Ch. 42; ...
-What informal documents may constitute an agreement. Part 8
(f) Per Lord Cairns, 4 A. C. p. 316. It is very common for an acceptance by letter to be made subject to a formal contract being drawn up. Such an acceptance is incomplete. Where you have a propos...
-(4) The signature
A party signing an agreement is prima facie bound by it, though it is not signed by the other party (l); but if only one is bound, he may, it seems, require the other to signify in writing his assent ...
-The signature. Part 2
Effect of leaving blank for signature. Where the name is inserted in the body of the agreement. Although a principal or his agent signs merely as a witness, he may be bound, if the signature amounts...
-The signature. Part 3
Alteration of draft conveyance. (r) (1876) 3 Ch. D. 49. (s) 1914, 1 Ch. 788. (t) 1914, 1 Ch. p. 799. (u) 1919, 1 Ch. 378; and see Grindell v. Bass, 1920, 2 Ch. 487, 491, 492; Farr, Smith & Co. v. M...
-(5) The stamps
Section 5 The agreement, if under seal, is a deed, and chargeable with duty as such,(g); if not under seal, and the subject-matter is not of the value of 5l. (r), no duty is payable; and if, on a sal...
-(6) Illegal agreements
Section 6 As a general rule, an agreement cannot be enforced which is entered into for an illegal purpose, or has a tendency to promote an unlawful act (f), or affect the course of justice (g), or is...
-Illegal agreements. Continued
(t) Cook v. Field, (1850) 15 Q. B. 460; 19 L. J. Q. B. 441. (u) Harrington v. Long, (1834) 2 31. & K. 590; see Martyn v. Mac-namara, (1843) 2 Con. & L. 541; 4 D. & War. 411; Scully v. Delany. (1840) ...
-(7) Options
The conditions imposed on the exercise of an option are always strictly construed. All precedent conditions must be fulfilled by the purchaser before the contract for sale binds the vendor .(y). Moreo...
-(8) Notice to treat under L. C. C. Act, 1845
Notice given by a railway or other public company of their intention to exercise a power of compulsorily taking land (l), constitutes a contract binding on the company to the extent of fixing what lan...
-Notice to treat under L. C. C. Act, 1845. Part 2
Notice by railway companies to take part of a house. Effect of counter-notice by landowner. (t) Re Arnold, (1863) 32 Beav. 591. (u) Harding v. Met. R. Co., (1872) 7 Ch. 154; 41 L. J. Ch. 371. (x) ...
-Notice to treat under L. C. C. Act, 1845. Part 3
Ordinarily pass under that word in a conveyance (s). Thus, where the company required only a small portion of the garden, they were compelled to take the whole property (t), even where the houses were...
-Notice to treat under L. C. C. Act, 1845. Part 4
Statutory power not exhausted by single notice. (h) Gibson v. Hammersmith R. Co., (1863) 11 W. R. 299; 32 L. J. Ch. 337; and as to what is a manufactory, see Barker v. N. S. R. Co., (1847) 2 De G. ...
-Chapter VII. The Effect Of The Contract On The Rights Of The Parties. (1) Purchaser entitled to estate and vendor to purchase-money
Section 1 From the time the owner of an estate enters into a binding (agreement for its sale, he holds the same in trust for the purchaser, subject to payment of the purchase-money: but the relations...
-(2) Purchaser's general rights under contract as against vendor
Section 2 It is sometimes stated, in general terms, that by the contract, the purchaser becomes, in Equity, the owner of the property: but this rule applies only as between the parties to the contra...
-(3) Vendor's general rights under contract as against purchaser
The vendor has a lien upon the estate for the unpaid purchase-money: if, therefore, before payment the purchaser is in possession, Equity will restrain him from any act, - such as felling timber or ev...
-(4) Rights of vendor and purchaser inter se not affected by death, bankruptcy, etc. of either party
Section 4 The contract, when once entered into, will not without an express stipulation to that effect be avoided by the death, bankruptcy or lunacy (r) of both or either of the parties. Rights of v...
-(5) Death of vendor before completion
Section 5 Upon the vendor's death, the contract is binding upon his personal representatives. By the S. L. Act, 1925, s. 90 (2), every contract thereunder is made binding on and enures for the benefi...
-(6) Death of purchaser before completion
Section 6 It was formerly the law that on the death of a purchaser before completion, the heir or devisee of the equitable interest acquired under the contract was entitled, prima facie, to have the ...
-(7) The effect of the contract in various special cases
If a mortgagee, having agreed to purchase the equity of redemption, proceed to enforce his legal title by ejectment, the existence of the contract will, unless he has improperly delayed to enforce it ...
-Chapter VIII. The Abstract. (1) General matters relating to the abstract
Section 1 (1) A purchaser may require to be furnished with an abstract prepared in the usual way (a); even though he has agreed to accept the title (b). He may retain it, during negotiations' upon, a...
-(2) When the abstract is perfect; - what it must contain and show
By the L. P. Act, 1925, &. 10, it is provided that where title is shown to a legal estate in land, it shall be deemed not necessary or proper to include in the abstract an instrument relating only to ...
-(3) What abstract should be furnished in various cases
Section 3 On a sale of property in lots, the purchaser of two or more lots held wholly or partly under the same title, has a right to no more than one abstract of the common title, except at his own ...
-What abstract should be furnished in various cases. Part 2
(d) Jacomb v. Turner, sup. (e) Cattell v. Corrall, (1840) 4 Y. & C. 228; 9L.J.N. S. Ex. Eq. 37. Under the Charitable Trusts Act, 1869, s. 12 (f), where the trustees or persons acting in the administ...
-What abstract should be furnished in various cases. Part 3
Of pews; in chancel. (s) Curling v. Flight, (1848) 2 Ph. 613; see 6 Ha. 41; 17 L. J. Ch. 79. (t) A faculty may be presumed upon evidence of exclusive possession and repairs extending over a long per...
-(4) Preparation, contents, and delivery of the abstract
Section 4 The abstract must always commence with a document of at least the requisite age, which is or which has been agreed upon as a proper root of title (h). Where a vendor commences his abstract ...
-Preparation, contents, and delivery of the abstract. Part 2
Were it not so, a copy of the conveyance to the vendor might, in many cases, take the place of an abstract; besides which, the omission to abstract a document in chief may proceed from a desire to avo...
-Preparation, contents, and delivery of the abstract. Part 3
(g) Sug. 14th ed. 411. By s. 10 (1) of the L. P. Act, 1925, it is provided that where title is shown to a legal estate in land, it shall be deemed not necessary or proper to include in the abstract o...
-(5) Examination and perusal of the abstract
The purchaser's solicitor may compare the abstract with the deeds before investigating the title, and the vendor (assuming that there is a binding contract) must pay the costs if the title prove bad (...
-(6) The verification of the abstract
Section 6 Assuming that an apparently good title is deduced by the abstract, the next matter for consideration is the evidence which a purchaser may require in support of it; first, as to the existen...
-The verification of the abstract. Part 2
(y) And death may, for this purpose, be presumed after 30 years: Doe v. Michael, (1851) 15 Jur. 677; 17 Q. B. 276. (z) Scriven, 7th ed. 488; Wynne v. Tyrwhitt, (1821) 4 B. & Ald. 376; inf. pp. 322, 3...
-The verification of the abstract. Part 3
Recitals, when evidence. (x) Harvey v. Philips, (1743) 2 Atk. 541. (y) Fitzwalter Peerage, (1844) 10 C. & F. 952. (z) 1 Jarm. Conv. 4th ed. 161; and see Yorkshire Registries Acts, 1884, s. 22. Cf. ...
-The verification of the abstract. Part 4
Evidence of reputation to be admissible must be that of persons having, or presumed to have, competent knowledge. Reputation. (s) Neill v. Duke of Devonshire, (1882) 8 A. C. p. 186; 31 W. R. 622. Co...
-The verification of the abstract. Part 5
Under Land Registration Act, 1925. By the Public Record Office Act, 1838 (y), the records of the Courts of Chancery, Exchequer, Queen's Bench, and Common Pleas, are committed to the custody of the Ma...
-The verification of the abstract. Part 6
Deficiencies in proof of documents. Presumption of lost grant. Presumption of grant from Crown. (f) See Chalmer v. Bradley, (1819) 1 J. & W. at p. 63. (g) Lyon v. Heed, (1844) 13 M. & W. 285, 303;...
-The verification of the abstract. Part 7
(r) Micklethwait v. Vincent, (1893) 69 L. T. 57. (s) Nicoll v. Chambers, (1852) 11 C. B. 996; 21 L. J. C. P. 54; Farmer v. Turner, (1899) 15 T. L. R. 922. (t) Lyford v. Coward, (1683) 1 Vern. 195; 2...
-The verification of the abstract. Part 8
Evidence of matters of fact. What facts the purchaser can require to be proved. But a purchaser cannot compel the vendor to procure evidence for the purpose of negativing mere possibilities (u); Ne...
-The verification of the abstract. Part 9
Where the title is derived through an heir who took possession upon the ground of the assumed invalidity of his ancestor's will, which professed to deal with the estate, a purchaser may require the pr...
-The verification of the abstract. Part 10
(p) N. E. R. Co. v. Hastings (Lord), 1900, A. C. 260; 69 L. J. Ch. 516. (q) Major v. Ward, (1847) 5 Ha. at p. 604; 12 Jur. 473. (r) 8. C, 12 Jur. 476. And see Garrard v. Tuck, (1849) 8 C. B. at p. 2...
-The verification of the abstract. Part 11
Boundaries. (k) R. v. United Kingdom El. Tel. Co., (1862) 31 L. J. M. C. 166; Locke King v. Woking U. D. C, (1897) 77 L. T. 790; 62 J. P. 167. (l) Neeld v. Hendon Urb. Dist. Council, (1899) 81 L. T....
-The verification of the abstract. Part 12
Presumption in matters of pedigree - of legitimacy of child born in wedlock. How rebutted. (z) Dorling v. Claydon, (1863) 1 H. & M. 402. (a) See Co. Litt. 244 a. (b) Parish of St. George v. St. Ma...
-The verification of the abstract. Part 13
Presumption as to validity of marriage, the factum being proved. (s) Wigley v. Solicitor to the Treasury, 1902, P. 233; 71 L. J. P. 115; and see S. v. Lindsay, (1902) 66 J. P. 505. (t) See Hub. on Ev...
-The verification of the abstract. Part 14
Non-receipt of tidings as raising preemption of death. By the 18 & 19 Charles II. (Ruff. 19, Ch. II.) c. 6, s. 2, if a person for whose life an estate is granted goes abroad, and there is no sufficie...
-The verification of the abstract. Part 15
Presumption of failure of issue. (s) Bowden v. Henderson, (1854) 2 Sm. & G. 360. (t) Wing v. Angrave, (1860) 8 H. L. C. 183; 30 L. J. Ch. 65; and see Underwood v. Wing, (1855) 4 D. M. & G. 633; 24 L...
-The verification of the abstract. Part 16
(g) Sug. 14th ed. 418. (h) Browne v. Warnoch, (1888) 7 Ir. L. R. 3. (i) Lyddall v. Weston, (1739) 2 Atk. 19; see Hillary v. Waller, (1806) 12 Ves. at p. 252. (k) See and consider Trevor v. T., (183...
-The verification of the abstract. Part 17
(d) Lyell v. Kennedy, sup.; Plant v. Taylor, (1861) 7 H. &; N. 211; Smith v. Tebbitt, (1867) L. R. 1 P. & D. 354. As to what is meant by blood relations within the meaning of this rule, see Taylor, ...
-The verification of the abstract. Part 18
Such declarations must be made ante litem motam - extent of the rule. It seems to be now settled that, to constitute a lis mota there must be not merely the existence of facts which may lead to...
-The verification of the abstract. Part 19
Land tax - redemption of, how proved. (r) Fort v. Clark, (1826) 1 Russ. 601. (s)Doe v. Varies, (1847) 10 Q. B. 314; 16 L. J. Q. B. 218. (t) Shrewsbury Peerage case, (1858) 7 H. L. C. 1. (u) Cowell...
-The verification of the abstract. Part 20
By the Tithe Act, 1918, the method of computation of tithe rent-charge is altered, and provision is made for redemption on the application of the owner of the land charged to the Board of Agriculture,...
-The verification of the abstract. Part 21
(z) Suiters' Co. v. Jay, (1842) 3 Q. B. 109; 11 L. J. Q. B. 173; Truscott v. Merchant Taylors' Co., (1856) 11 Ex. 855; 25 L. J. Ex. 173; Cooper v. Hubbuck, (1862) 12 C. B. N. S. 456; 31 L. J. C. P. 32...
-The verification of the abstract. Part 22
(p) See s. 3, and Roberts v. Macord, (1832) 1 Mo. & R. 230; Potts v. Smith, (1868) 6 Eq. at p. 318; 38 L. J. Ch. 58. In Harris v. Be Pinna, (1886) 33 Ch. D. 238; 54 L. T. 38, 770, Chitty, J., held tha...
-The verification of the abstract. Part 23
The extent to which the right may be claimed - quantity of light. With regard to the question of implied grants and reservations of the right to light on the sale (h) of two adjoining tenements by th...
-The verification of the abstract. Part 24
(s) Swansborough v. Coventry, (1832) 9 Bing. 305; 2 L. J. N. S. C. P. 1ll; Compton v. Richards, (1814) 1 Pri. 27; Allen v. Taylor, (1880) 16 Ch. D. 355; 50 L. J. Ch. 178; and see and distinguish Watso...
-The verification of the abstract. Part 25
Dedication. (n) R. v. Inhabitants of Wandsworth, (1817) 1 B. & Ald. 63; Bourke v. Davis, (1889) 44 Ch. D. 110, 122; it may be a cul de sac: A.-g. v. Richmond Corp., (1903) 89 L. T. 700. See also A.-g...
-The verification of the abstract. Part 26
(g) Dairies v. Stephens, (1835) 7 C. & P. 570; Daniel v. North, (1809) 11 Ea. 372; but see as between tenant for life in possession and reversioner, Roberts v. James, (1903) 89 L. T. 282. The owner of...
-The verification of the abstract. Part 27
(q) Holmes v. Goring, (1824) 2 Bing. 76; 9 Moore, 166; see Gale, 10th ed. p. 179; Goddard, 8th ed. 379. (r) Corp. of London v. Riggs, sup.; see Serff v. Acton Local Bd., (1886) 31 Ch. D. 679; 55 L. J...
-The verification of the abstract. Part 28
No right to flowing water except where it has a definite channel. (i) Stockport Waterworks Co. v. Potter, (1864) 3 H. & C. 300; Ormerod v. Todmorden Mill Co., (1883) 11 Q. B. D. 155; 52 L. J. Q. B. 4...
-The verification of the abstract. Part 29
The waters of a canal, having been devoted by the Legislature to that special purpose, are, as respects the power of adjoining owners to acquire a right over them, on a different footing from waters f...
-The verification of the abstract. Part 30
Tidal waters and navigable rivers. (s) Devonshire (Duke of) v. Pattenson, (1887) 20 Q. B. D. 263; 57 L. J. Q. B. 189; and see Ecroyd v. Coultard, 1898, 2 Ch. 358; 67 L. J. Ch. 458. (t) Dwyer v. Mich...
-The verification of the abstract. Part 31
When right of action accrues for withdrawal of support. (n) Gale, 10th ed. p. 378. (o) Backhouse v. Bonomi, sup., overruling Nicklin v. Williams, (1854) 10 Ex. 259; 23 L. J. Ex. 335; see, too, Ellio...
-The verification of the abstract. Part 32
(e) Ramsay v. Blair, (1876) 1 A. C. 701; 3 Rett. H. L. 41; and as to the distinction between a right to the coal under a close, as a right to land, and a right to take coal in another's land (which is...
-The verification of the abstract. Part 33
The Public Health (Support of Sewers) Amendment Act, 1883, provides against any right of support being acquired by a local authority against a mine-owner by reason of anything contained in its Sanitar...
-The verification of the abstract. Part 34
Fisheries in tidal waters. (c) Bland v. Lipscombe, (1854) 3 C. L. R. 261; 3 W. R. 57. (d) Webber v. Lee, (1882) 9 Q. B. D. 315; 51 L. J. Q. B. 485. (e) See Wickham v. Hawker, and Ewart v. Graham, s...
-The verification of the abstract. Part 35
(e) R. v. Clinton, (1869) I. R. 4 C. L. 6. The periods respectively for which a vendor, in order to show a title under the Act, must prove uninterrupted enjoyment, are as follows: in the case of ligh...
-The verification of the abstract. Part 36
Interruption - what it is. It may be here pointed out that by the L. P. Act, 1925, s. 1 (2), the only interests or charges in or over land which are capable of subsisting at Law are those mentioned i...
-The verification of the abstract. Part 37
(g) Soar v. Ashwell, sup.; and see Be Gallard, 1897, 2 Q. B. 8; 66 L. J. Q. B. 484; Re Dixon, 1900, 2 Ch. 561; 69 L. J. Ch. 609; M'ardle v. Gaughran, (1903) 1 Ir. R. 106; North American Land Co. v. Wa...
-The verification of the abstract. Part 38
The encroachment by a tenant is presumed to be for the benefit of the tenant during the term and afterwards of his landlord, and accordingly time will not run under the statute until the determination...
-The verification of the abstract. Part 39
Estates in remainder, etc. - when time begins to run against. (m) Doe v. Edmonds, (1840) 6 M. & W. 295; Morrell v. Frith, (1838) 3 M. & W. 402; 2 Jur. 619; Sidwell v. Mason, (1857) 3 Jur. N. S. 649; ...
-The verification of the abstract. Part 40
Expenses under Public Health Act, 1875. What cases fall within s. 8. A purchaser can be compelled to accept a title depending on adverse possession, verified like any other fact (m). In Atkinson and...
-The verification of the abstract. Part 41
The nature of the title acquired. (q) 1912, 2 Ch. p. 9. (r) P. 17. (s) (1843) 3 Dr. & War. 388. (t) (1892) 67 L. T. 735. (u) Rankin v. Mcmurtry, (1889) 24 L. R. Ir. at p. 297, per Johnson, J. (x) ...
-The verification of the abstract. Part 42
Extinction of rent. The constitutional maxim (q) - Nullum tempus occurrit regi - has been gradually broken in upon, (1) by the statute 21 Jac. I. c. 2 (r), which disabled the Crown from claiming a...
-The verification of the abstract. Part 43
Registered title. (a) Cocker v. Bevis, (1665) 1 Ch. Ca. 61. (b) Lee v. Heath, (1747) 9 Si. 306, n.; Crompton v. Effingham, (1782) ib. 311, n. (c) Jones v. Creswicke, (1839) 9 Si. 304; 9 L. J. N. S....
-Chapter IX. The Production And Examination Of The Deeds. (1) Place and time for, and expenses of, production of the deeds
Section 1 Every vendor is presumed to have his title deeds in his own possession, or at any rate to have the power of producing them; and, though he may only have a covenant for their production, he ...
-(2) Production of deeds - may be compelled, by whom
Section 2 Generally, every person who has an interest in the land has an equitable right to the production of all deeds which affirmatively prove his title, but not to those which do not (u). It is a...
-Production of deeds - may be compelled, by whom. Continued
(h) Bumbold v. Forteath, (1857) 3 K. & J. 748. 27(2) And the heir-in-tail is entitled to the production of the instrument creating the entail (i). Heir-in-tail. In the case of mortgages made since...
-(3) Non-production of deeds - how jar important
Section 3 The non-production of the deeds is material, not only as it deprives the purchaser of the usual means of verifying the title deduced, but as inducing a suspicion that they may have been dep...
-(4) Examination of deeds, matters to be observed in
In the examination of the abstract with the documents, scrupulous care is requisite on the part of the solicitor. The object of the examination is to ascertain, 1st, that what} has been abstracted is ...
-Chapter X. Matters Arising Between Delivery Of Abstract And Preparation Of Conveyance. (1) Time, when essential
At Law, the time fixed for completion was formerly of the essence of the contract (a); and the purchaser might recover his deposit, unless the vendor could deduce and verify a marketable title and giv...
-Matters Arising Between Delivery Of Abstract And Preparation Of Conveyance. (1) Time, when essential. Part 2
(m) See Withy v. Cottle, (1823) T. & R. 78; 1 S. & S. 174. (n) Hudson v. Temple, (1860) 29 Beav. 536, 543; 30 L. J. Ch. 251. (o) Gedye v. Thitce of Montrose, (1858) 26 Beav. 45; Levy v. Lindo, (1817...
-Matters of Conveyance. Time, when essential. Part 3
In cases where time is not of the essence of the contract, gross or wilful neglect (f) by either party, will entitle the other party to avoid the contract (g). Where time is of the essence of the con...
-Matters of Conveyance. Time, when essential. Part 4
Where time is not of the essence of the contract and the defect is one merely of conveyance and not of title, the purchaser must give a reasonable time to remove the defect before repudiating the cont...
-(2) Objections to title; - negotiations upon and waiver of; - when possession taken amounts to waiver
Section 2 A solicitor purchasing from his client cannot insist upon any objections to the title which he - or his then partner - considered unimportant when acting for the client upon his original pu...
-Objections to title; - negotiations upon and waiver of; - when possession taken amounts to waiver. Continued
May be waived. Effect of acceptance of title subject to specified requisition. Acceptance of title as abstracted not a waiver of the right to have it verified. (l) Re Gloag and Miller's Contract, (...
-(3) General rights and liabilities of a purchaser in possession
Where the purchaser is already in possession as tenant at will the purchase contract puts an end to the tenancy (a) from the time at which possession is agreed to be given to the purchaser. But a leas...
-General rights and liabilities of a purchaser in possession. Continued
What allowances made for repairs, improvements, etc. (m) See Knatchbull v. Grueber, (1815) 1 Mad. 153, 170; S. C., (1817) 3 Mer. 124. (n) Forteblow v. Shirley, (1806) cited 2 Sw. 223. (o) Doe v. B...
-(4) Vendor in possession by altering property avoids the contract
Section 4 Any alteration of the subject-matter of the contract by the vendor, in any particular which does not admit of compensation or reinstatement, as the cutting of ornamental timber (o) or other...
-(5) Entry and possession by railway companies before completion
Section 5 By ss. 84 - 92 of the L. C. C Act, 1845, relating to, entry upon lands by the promoters of the undertaking it is, in effect, provided, that the promoters shall not, without the consent of t...
-Entry and possession by railway companies before completion. Continued
Apptication, etc., of deposit. (f) 8. C. But qucere, see Willey v. 8. E. B. Co., (1849) 1 M.&g. 58. For a full discussion of s. 85, see Tiverton B. Co. v. Loosemore, sup. (g) Bedford & C. B. Co. v. ...
-Chapter XI. The Preparation Of The Conveyance. (1) General matters relating to, and to the form of
Section 1 Upon a sale in consideration of a gross sum, the purchaser, having accepted the title, is bound, subject to any special stipulation in the contract, to prepare the conveyance, and tender it...
-The Preparation Of The Conveyance. (1) General matters relating to, and to the form of. Continued
Precautions to be observed on purchase of estate in mortgage. (k) Clark v. May, (1852) 16 Beav. 273; 22 L. J. Ch. 302. (l) See judgment of Jessel, M. R., in Lord Egmont v. Smith, (1877) 6 Ch. D. at p...
-(2) The parties
Section 2 All persons whose concurrence is necessary in order to give to the purchaser the full benefit of the contract, must, of course, be parties to and execute the conveyance: and it is sometimes...
-The parties. Continued
Bankrupt, when to be a party under the Act of 1914. (e) See Howel v. George, (1815) 1 Mad. 11; Costigan v. Hastier, (1804) 2 Sch. & L. at pp. 160, 166; and L. P. Act, 1925, s. 42 (3 - 4). (f) Minton...
-(3) The recitals
As a general rule, no recital should be inserted which is not necessary to render the subsequent part of the draft clear and intelligible, or which has not a logical connection with some operative par...
-The recitals. Continued
Effect of recitals on operative part of deed. (h) Holliday v. Overton, (1852) 14 Beav. 467; 21 L. J. Ch. 769; and see cases cited; Eastwood v. Ashton, 1915, A. C. 900. (i) Hammond v. H., (1854) 19 B...
-(4) The consideration - words of conveyance - and parcels
Section 4 Care must be taken in preparing the deed to state truly the consideration paid by the purchaser, and all other facts and circumstances which affect the amount of duty which will have to be ...
-The consideration - words of conveyance - and parcels. Part 2
Parcels, how to be described. (f) Stamp Act, 1891, s. 58 (6). (g) See s. 1 and Sch. 1. (h) See Alpe, 17th ed. pp. 118 - 130. (i) S. 55. (k) See s. 56. (l) As to the description of registered land...
-The consideration - words of conveyance - and parcels. Part 3
(s) Dyne v. Nutley, (1853) 14 C. B. 122. (t) Martyr v. Lawrence, (1864) 2 D. J. & S. 261, and cases there cited; Polden v. Bastard, (1865) L. R. 1 Q. B. 156; 35 L. J. Q. B. 92; but see Francis v. Hay...
-The consideration - words of conveyance - and parcels. Part 4
31(2) The general words formerly used occasionally, under the reference to reputation, help out an omission in the parcels; but, with this exception, they seem to have been of little practical use ...
-The consideration - words of conveyance - and parcels. Part 5
Implied grant and reservation of necessary-easements. (i) D'eyncourt v. Gregory, (1866) 3 Eq. 382; 36 L. J. Ch. 107; Monti v. Barnes, 1901, 1 K. B. 205; 70 L. J. K. B. 225; and see Bulkeley v. Stephe...
-The consideration - words of conveyance - and parcels. Part 6
On the severance of a tenement, a distinction was formerly considered to exist between a continuous easement, such as a right of drainage, and a discontinuous easement, such as a right of way, as resp...
-(5) The covenants
The covenants for title are a part of the draft upon which disputes not infrequently arise: they are of considerable, though perhaps of over-estimated, importance. To the solicitor, however, they are ...
-The covenants. Part 2
- of the enabling Act having been obtained by the vendors pursuant to an agreement with the purchaser. As respects landowners who have entered into no agreement, but as against whom the entire proceed...
-The covenants. Part 3
As to cove-uants by vendors who are not beneficial owners. (u) See K. & E. 12th ed. vol. i. p. 510. (x) If they omit to state in the contract the capacity in which they sell, it is conceived that th...
-The covenants. Part 4
32(2) (i) Sug. 14th ed. 452. (k) Barclay v. Raine, (1823) 1 S. & S. 449. (l) Bare v. Tucker, (1801) 6 Yes. 460; Cooper v. Emery, (1844) 1 Ph. 388. (m) 8. C. As to the abolition of enrolment of ins...
-The covenants. Part 5
As to indemnity from purchaser on sale of bankrupt's leaseholds. (d) Brown v. Paull, (1856) 2 Jur. N. S. 317; and see Prid. vol. i. 22nd ed. p. 509 for form of covenant. (e) Bkcy. Act, 1914, s. 54 (...
-The covenants. Part 6
(p) Cox v. Bishop, (1857) 8 D. M. & G. 815; 26 L. J. Ch. 389; see Wright v. Pitt, (1870) 12 Eq. 408; 40 L. J. Ch. 558; Ramage v. Womack, 1900, 1 Q. B. 116; 69 L. J. Q. B. 40. (q) As to redemption of ...
-The covenants. Part 7
(f) S. 132. (g) Markham v. Paget, 1908, 1 Ch. 697; Woodfall, 22nd ed. 207, 868 et seq. (h) Schwartz v. Locket, (1890) 61 L. T. 719; 38 W. R. 142; Baynes & Co. v. Lloyd & Sons, 1895, 2 Q. B. 610; 64 ...
-(6) The draft and engrossment
Section 6 The draft having been settled, a fair copy of it should be submitted to the vendor's advisers for perusal; and, if practicable, within a reasonable time prior to the date fixed for completi...
-Chapter XII. Matters Relating To The Completion Of The Purchase
(1) The Execution of the Conveyance: - by Married Women, etc. - Conveyance of Trust Estates under the Trustee Act, 1925. Seotion 1. The vendor must, if practicable, in person convey (a); the purchas...
-Matters Relating To The Completion Of The Purchase. Part 2
(1846) 3 C. B. 639; Re Perrin, (1854) 14 C. B. 420. Cf. Ex p. Gilmore,. (1847) 3 C. B. 967; Ex p. Taylor, (1849) 7 C. B. 1. (t) S. 91; and see Fowke v. Draycott, (1885) 29 Ch. D. 996; 54 L. J. Ch. 57...
-Matters Relating To The Completion Of The Purchase. Part 3
A. E. Act, 1925. By the L. C. C. Act, 1845, if, upon the deposit in the Bank of the purchase-money or compensation agreed or awarded to be paid in respect of lands purchased or taken by the promoters...
-Matters Relating To The Completion Of The Purchase. Part 4
(z) Everitt v. Automatic Weighing Co., 1892, 3 Ch. 506. As to the transfer of a building society mortgage, see Re Rumney and Smith, 1897, 2 Ch. 351; 66 L. J. Ch. 641; Sun Permanent Benefit Building So...
-(2) The discharge of incumbrances
Until the conveyance is executed by all necessary parties, the vendor remains liable in respect of all defects in title. He must, for instance, refund the purchase-money, if the purchaser having paid ...
-(3) Purchaser's freedom from liability to see to application of trust purchase-money
It may be mentioned, as a matter of historical interest, that, prima facie, every purchaser from trustees was, formerly, in Equity, bound to see to the application of his purchase-money; and whether h...
-Purchaser's freedom from liability to see to application of trust purchase-money. Part 2
Sect. 36 of the A. E. Act, 1925, contains important provisions concerning assents by a personal representative. By sub-s. (5) any person in whose favour an assent or conveyance of a legal estate is ma...
-Purchaser's freedom from liability to see to trust purchase-money. Part 3
By s. 14 of the T. Act, 1925 (which replaces s. 20 of the T. Act, 1893), it is provided that the receipt in writing of any trustee for any money, securities, or other personal property or effects, sha...
-Purchaser's freedom from liability to see to trust purchase-money. Part 4
(g) See Townsend v. Wilson, (1818) 1 B. & Ald. 608; Hall v. Dewes, (1821) Jac. 180, 193; Wilson v. Bennett, (1852) 5 De G. & S. 475; 21 L. J. Ch. 741; Saloway v. Strawbridge, (1855) 1 K. & J. 371; aff...
-Purchaser's freedom from liability to see to trust purchase-money. Part 5
Mere lapse of time does not affect the authority to sell. Under the A. E. Act, 1925, s. 1 (which takes the place of s. 1 of the L. T. Act, 1897), the legal title to the real estate of a deceased pers...
-Purchaser's freedom from liability to see to trust purchase-money. Part 6
(p) Re Keighley Maxsted, 1893, 1 Q. B. 405; 62 L. J. Q. B. 105, where material evidence was subsequently discovered; Re Montgomery, Jones & L. Co., (1898) 78 L. T. 406; and see Re Stringer and Riley, ...
-Purchaser's freedom from liability to see to trust purchase-money. Part 7
Increased by interest; rate of, if no agreement. If, then, a time is fixed for completion of the contract, and there is delay attributable to the purchaser, he must from that time pay interest upon h...
-Purchaser's freedom from liability to see to trust purchase-money. Part 8
Interest payable by purchaser in possession notwithstanding ambiguity in contract. And inasmuch as, until a title is shown, there is no right to either principal or interest, arrears of interest, not...
-Purchaser's freedom from liability to see to trust purchase-money. Part 9
(s) Ex p. Manning, (1727) 2 P. W. 410; Owen v. Davies, (1747) 1 Ves. sen. 80; Child v. Lord Abingdon, (1790) 1 Ves. 94; Davy v. Barber, (1742) 2 Atk. 490; Trefusis v. Lord Clinton, (1828) 2 Si. 359; V...
-Purchaser's freedom from liability to see to trust purchase-money. Part 10
Vendor retaining possession of trade premises not not held liable to occupation rent. Before proceeding to examine the cases in which appropriation of the purchase-money has been held to be sufficien...
-Purchaser's freedom from liability to see to trust purchase-money. Part 11
Rule where the condition provides for payment of interest. (p) (1822) 1 S. & S. 122; Jones v. Mudd, (1827) 4 Rus. 118; 6 L.j. (O. S.) Ch. 26; Matson v. Swift, (1841) 5 Jur. 645. (q) Monch v. Huskiss...
-Purchaser's freedom from liability to see to trust purchase-money. Part 12
Meaning of wilful default. (h) Williams v. Glenton, (1866) 1 Ch. 200; cf. Re Mayor of London and Tubbs, 1894, 2 Ch. 524; 63 L. J. Ch. 680. (i) 1 Ch. p. 208. (k) Re Woods and Lewis, 1898, 2 Ch. p....
-Purchaser's freedom from liability to see to trust purchase-money. Part 13
(u) Per Collins, L. J., in Re Woods and Lewis' Contract, 1898, 2 Ch. p. 216. (x) North v. Percival, 1898, 2 Ch. 128; 67 L. J. Ch. 321; see the observations of Parker, J., in Re Bayley-worthington and...
-Purchaser's freedom from liability to see to trust purchase-money. Part 14
(l) Leslie v. Tompson, sup.; and see Painter v. Newby, (1853) 11 Ha. 26; 22 L. J. Ch. 871. (m) Price v. North, (1837) 2 Y. & C. 620; 7 L. J. N. S. Ex. Eq. 9; and see sup. p. 139. See Lethbridge v. Ki...
-Purchaser's freedom from liability to see to trust purchase-money. Part 15
(x) Per Coleridge, C. J., in Clarke v. Ramuz, 1891, 2 Q. B. 456, 460; 60 L. J. Q. B. 679. (y) Foster v. Deacon, (1818) 3 Mad. 394. (z) See Regent's Canal Co. v. Ware, (1857) 23 Beav. 575; 26 L. J. C...
-Purchaser's freedom from liability to see to trust purchase-money. Part 16
Abatement allowed for deficiency, although laud not pro-feeaedly sold by the acre. The above rule, . where land is bought by the acre, or (which is the same thing) (a) where the quantity is stated, a...
-Purchaser's freedom from liability to see to trust purchase-money. Part 17
Purchaser's right confined to compensation. (g) Cordingley v. Cheeseborough, (1862) 4 D. F. & J. 379; 31 L. J. Ch. 617; Whittemore v. W., (1869) 8 Eq. 603; and see Re Terry and White, (1886) 32 Ch. D...
-Purchaser's freedom from liability to see to trust purchase-money. Part 18
As previously pointed out (e), it is provided by s. 73 of the L. P. Act, 1925, s. 73, that where an individual executes a deed, he must either sign or place his mark upon the same, sealing alone not b...
-(5) To whom and how purchase-money should be paid
The old rule that the purchase-money must be paid to the vendor personally or upon his written authority and that an indorsed receipt was not conclusive evidence of payment (g) was altered by the Conv...
-To whom and how purchase-money should be paid. Part 2
If a cheque is given for. the purchase-money, and, by reason of an unintentional non-compliance with the Stamp Act, is so drawn that no action could be maintained upon it, and the bankers upon whom it...
-To whom and how purchase-money should be paid. Part 3
Discharge of incumbrances under Trustee Act, 1925, s. 63. (f) Meux v. Smith, (1840) 11 Si. 410; 12 L. J. N. S. Ch. 209; Bird v. Philpott, 1900, 1 Ch. 822; 69 L. J. Ch. 487; and see Re Connolly Bros.,...
-(6) Purchaser's right to deeds, attested copies, etc
Section 6 The purchaser, upon completion, is entitled (subject to the exceptions hereinafter noticed) to all deeds and other muniments of title, however ancient, which are in the possession or power ...
-(7) Matters necessary to insure the full effect of, the executed Conveyance: - Registration, enrolment, & c
Section 7 The subject of searches is dealt with below in Ch. XIX. s. 2. Where a conveyance is executed under power of attorney, then (unless the instrument creating the power relates only to one tra...
-Matters necessary to insure the full effect of, the executed Conveyance. Part 2
Whether to building or repairing leases. Of the third exception it need only be observed, that the words possession and occupation are in the conjunctive (t): so that, in order to avoid registratio...
-Matters necessary to insure the full effect of, the executed Conveyance. Part 3
(z) Essex v. Baugh, (1843) 1 Y. & C. C. C. 620; 11 L. J. N. S. Ch. 374. (a) Stephenson v. Yorke, 1900, 1 Ch. 505; 69 L. J. Ch. 253. (b) Yorkshire Registry Act, 1884, ss. 3 and 4. See now the L. P. A...
-Matters necessary to insure the full effect of, the executed Conveyance. Part 4
Expediency if land not in register county) of indorsing notice of con -veyance on leading title deed if re-maining with vendor. Form of notice. (y) And see sub-ss. (2), (3) and (4) of the same secti...
-Matters necessary to insure the full effect of, the executed Conveyance. Part 5
But vendor pays for his own admittance if necessary. Where an allotment under an Inclosure Act had been made generally in respect of the landowner's several copyhold tenements, and the custom of the ...
-Matters necessary to insure the full effect of, the executed Conveyance. Part 6
As to costs under s. 80. (e) Per V.-c. W. in Ex p. Buck, (1864) 1 H. & M. 519; 33 L. J. Ch. 79. (f) lb. (g) Be Liverpool Improvement Act, (1868) 5 Eq. 282; 37 L. J. Ch. 376; Re Dublin (South) City M...
-Matters necessary to insure the full effect of, the executed Conveyance. Part 7
Trustee acting as solicitor can only charge incurred. (s) Re Schnmrr, 1902, 1 Ch. 326; 71 L. J. Ch. 219; and tee Re Watling Tithe Redemption, 1924, 2 Ch. 123. (t) Gould v. Staffordshire Waterworks C...
-Matters necessary to insure the full effect of, the executed Conveyance. Part 8
(o) S. 15. (p) S. 16. (q) Ss. 17, 18. (r) S. 8 (1). (s) S. 8 (3). Independently of agreement, the system of remuneration in respect of business connected with sales, purchases, leases, mortgages, s...
-Chapter XIII. The Effect Of The Conveyance On The Relative Rights Of Vendor And Purchaser
(1) The conveyance, if purporting to comprise all the estate and interest of a conveying party (and this is now the effect of every conveyance executed after 1881, unless a contrary intention is exp...
-The Effect Of The Conveyance On The Relative Rights Of Vendor And Purchaser. Part 2
(p) Nash v. Worcester Imp. Coinmrs., (1855) 1 Jur. N. S. 973. (q) See Eccl. Coinmrs. v. Finney, 1900, 2 Ch. 736; 69 L. J. Ch. 844. (r) Goode v. Burton, (1847) 1 Ex. 189 ; 16 L. J. Ex. 309 ; in which...
-Effect Of Conveyance On Relative Rights Of Vendor And Purchaser. Part 3
(h) Grant v. Mills, sap. The - but it may do so. Cases may, however, arise where the circumstances under which a merely personal security has been taken would show a clear and manifest intention of...
-Effect Of Conveyance On Relative Rights Of Vendor And Purchaser. Part 4
An agreement that the vendor shall retain the title deeds does not raise a presumption that it is intended to exclude the lien (d). Presumable intention either way may be rebutted. (t) Parrott v. Sw...
-(2.) Whether the vendor has any remedy if the estate has been sold at an undervalue; - or more has been conveyed than was intended
The vendor, after conveyance, has no remedy, if the property prove to be, as respects either quantity or quality, more valuable than was imagined; for instance, where the residue of a lease, of which ...
-Has the vendor any remedy if the estate has been sold at an undervalue? Part 2
(m) Carter v. C, (1857) 3 K. & J. at p. 635; 27 L. J. Ch. 74 : Sug. 14th ed. 743. (n) See and consider Blackie v. Clark, (1852) 15 Beav. 595, 601. (o) Tyler v. Beversham,(1673) Finch, 80 ; Thomas v....
-Has the vendor any remedy if the estate has been sold at an undervalue? Part 3
General rule as to distress. Where a mortgagor in consideration of the mortgage debt releases the equity of redemption to the mortgagee, the parties are to be regarded, until the contrary is shown by...
-Has the vendor any remedy if the estate has been sold at an undervalue? Part 4
Seale, (1855) 19 Beav. 601 ; 24 L. J. Ch. 385. (x) See Davies v. Cooper, (1840) 5 M. & C. 270; Valentine v. Dickinson, (1861) 7 Jur. N. S. 857; and see inf. p. 1096. (y) Harrison v. Guest, (1860) 8 ...
-Has the vendor any remedy if the estate has been sold at an undervalue? Part 5
(1831) cited 4 Si. 202; and Sherwood v. Robins, (1828) 1 M. & M. 194. (y) Talbot v. Staniforth, (1861) 1 J. & H. 484; Visct. Valcntia v. Denton, (1867, V. No. 34), M. R. 29 July, 1872, where the purc...
-Has the vendor any remedy if the estate has been sold at an undervalue? Part 6
Family arrangements not within the exceptional rule. (g) Talbot v. Staniforth, (1861) 1 J. & H. 484, 502 ; Sug. 14th ed. 316. (h) O'Rorke v. Bolingbroke, (1877) 2 A. C. 814; and see per Lord Selborn...
-Has the vendor any remedy if the estate has been sold at an undervalue? Part 7
The cases just cited prove the wisdom of the ordinary rule which refuses to set aside a conveyance on the mere ground of inadequacy of consideration. If undervalue, not so gross as to be indicative of...
-Has the vendor any remedy if the estate has been sold at an undervalue? Part 8
Terms on which vendor was entitled to relief. 312; 58 L. J. Ch. 113; James v. Kerr, (18S9) 40 Ch. D. 449; 58 L. J. Ch. 355 ; Rae v. Joyce, (1892) 29 L. R. Ir. 500 ; Seaton v. Lewis, (1895) 11 T. L. R...
-Has the vendor any remedy if the estate has been sold at an undervalue? Part 9
Right to reconveyance lost by acquiescence or confirmation. In the case of a voidable transaction of this nature, a clear Distinction distinction must be drawn between the right and the remedy (c). W...
-(3.) Vendor's rights of pre-emption under the L.C.C.Act,1845
By the L. C. C. Act, 1845, the promoters of the undertaking authorized by the special Act are required, within the periods thereby prescribed, or, if no period is prescribed, within ten years after th...
-Vendor's rights of pre-emption under the L.C.C.Act,1845. Continued
Title in adjoining owner under of lands used for building purposes; (u) Lord Carington v. Wycombe R. Co., sup. ; Hooper v. Bourne, (1877) 3 Q. B. D. 258. (x) City of Glosgow R. Co. v. Caledonian R...
-(4.) Vendor's remedies at Law and in Equity on purchaser's covenants
We have seen that covenants are occasionally entered into as well by the purchaser with the vendor, as by the vendor with the purchaser; and that such covenants will sometimes, both at Law and in Equi...
-Vendor's remedies at Law and in Equity on purchaser's covenants. Part 2
Instances of negative covenants running in Equity. (e) Formby v. Barker, 1903, 2 Ch. 539 ; 72 L. J. Ch. 716. The validity of these negative covenants, which is well established, is not affected by t...
-Vendor's remedies at Law and in Equity on purchaser's covenants. Part 3
The principle of these cases. (r) Renals v. Cowlishaw, (1878) 9 Ch. D. 125, 129 ; approved in Spicer v. Martin, (1888) 14 A. C. 12, 24 ; 58 L. J. Ch. 309 ; and see Rogers v. Hoseffood, 1900, 2 Ch. 3...
-Vendor's remedies at Law and in Equity on purchaser's covenants. Part 4
Constructive notice of the covenant sufficient. 280 ; Mackenzie v. Childers, sup. ; Rowell v. Satchell, 1903, 2 Ch. 212 : 73 L. J. Ch. 20. (d) Western v. McBermott, (1866) 1 Eq. 499, 506 ; see Shepp...
-Vendor's remedies at Law and in Equity on purchaser's covenants. Part 5
Principle upon which, acquiescence affects remedy. In the case of land registered under the L. T. Acts, provision is made for the annexation of restrictive covenants and for the modification or disch...
-Vendor's remedies at Law and in Equity on purchaser's covenants. Part 6
Effect of partial acquiescence. (I) Pease v. Coats, (1866) 2 Eq. 688 ; see cases cited, sup. p. 134. (m) Bird v. Lake, (1863) 1 H. & M. 338 ; Smith v. Hancock, 1894, 2 Ch. 377; 63 L.J. Ch. 477. (n)...
-Vendor's remedies at Law and in Equity on purchaser's covenants. Part 7
4th ed. 140 el seq. (/) L. & S. W. B. Co. v. Gomm, (1882) 20 Ch. D. 562 ; 51 L. J. Ch. 530 ; overruling dicta in Gilbertson v. Bichards, (1859) 4 H. & N. 277, 297 ; 29 L. J. Ex. 213; and Birmingham C...
-(5.) Purchaser's remedies on vendor's covenants
First as to the legal rights of the purchaser and his representatives under the covenants for title. Section 5 Purchaser's general remedies on vendor's covenants for title. (I) Third Rep. of R. P. ...
-Purchaser's remedies on vendor's covenants. Part 2
Benefit of covenants apportioned with land and estate. Where the estate is merely equitable, there can be no assignee at Law, and the covenants cannot be enforced at Law by an equitable assignee; so,...
-Purchaser's remedies on vendor's covenants. Part 3
How usually restricted. Maybe qualified, without express words. (a) Gray v. Briscoe, (1607) Noy, 142 ; the word not in the report is evidently a clerical error; see context. (b) Turner v. Moon, s...
-Purchaser's remedies on vendor's covenants. Part 4
The word acts means something done by the person against whose acts the covenant is made; and the word means has a similar meaning, viz., something proceeding from the person covenanting (f) or t...
-Purchaser's remedies on vendor's covenants. Part 5
As to covenants against known defects. (q) Sec Howes v. Brush field, (1803) 3Ea. 491. (r) Sug. 11th ed. 602. (s) See Woodhousc v. Jenkins, (1832) 9 Bing. 431 ; Ireland v. Birchum, (1835) 2 Sc. 207....
-Purchaser's remedies on vendor's covenants. Part 6
Only by clearly expressed intention. The five usual covenants may be divided into three classes, having distinct objects; viz., first, the covenants for seisin and right to convey, which are strictly...
-Purchaser's remedies on vendor's covenants. Part 7
Whether real or personal representative of covenantee may sue for breach. The customary heir of a copyholder in fee might, it is conceived, sue upon the covenants before admittance: being a complete...
-Purchaser's remedies on vendor's covenants. Part 8
Moneys paid by way of compromise, arid costs, when recoverable. V. Singleton, 1899, 2 Ch. 320 ; G8 L. J. Ch. 593. See further on this subject, inf. pp. 991 et seq. (z) King V. Jones, (1814) 5 Taun. ...
-(6.) Purchaser's remedy under special circumstances, in respect of defects
Misrepresentation, under such circumstances as would sustain an action of deceit, affords ground for setting aside a purchase after completion (e) ; nor, in the case of want of title, need the purchas...
-Purchaser's remedy under special circumstances, in respect of defects. Part 2
(n) Wilde v. Gibson, (1848) 1 H. L. C. 005, reversing Knigrht-Bruce, V.-C, (1843) 2 Y. & C. C. C. 542, and following Edwards v. M'Leay, (1818) 2 Sw. 287, and Legge v. Croker, (1811) 1 B. & B. 606; Ear...
-Purchaser's remedy under special circumstances, in respect of defects. Part 3
Terms on which purchaser is relieved in Equity. (c) Brett v. dowser, (1880) 5 C. P.D. 376. (d) See Attwood v. Small, (1838) 6 C. & F. 232; Pike v. Tigers, (1839) 2 D. & Wal. 1, 252; Cockelly. Taylor...
-(7.) Purchaser's right to pay off incumbrances out of unpaid purchase-money
A payment made by the purchaser to an incumbrancer on the estate is prima facie in discharge of the incumbrance, although the latter may have other claims on the purchaser (a). After the conveyance ha...
-(8.) Purchaser's remedy in Equity if he buy his own estate
or if lands are omitted from conveyance - and as to further assurance in Equity and by Statute. If it appear that the estate belonged to the purchaser, he can, in Equity, and probably at Law (i), rec...
-Purchaser's remedy in Equity if he buy his own estate . Continued
So, also, the purchaser may in Equity, under the covenant for further assurance, though not running with the land (c), require the vendor to perfect a defective title, even by conveying any interest i...
-(9.) As to the general rights and liabilities of purchaser under the conveyance
If the conveyance is executed during the existence of a tenancy, the purchaser of the reversion, though merely for years (/), thereupon becomes entitled to the accruing (g) and future rent, whether re...
-As to the general rights and liabilities of purchaser under the conveyance. Part 2
And to sue for breach of covenant. To re-enter. (r) Standen v. Chrismas, (1847) 10 Q. B. 135; 16 L. J. Q. B. 265. (s) Sug. 14th ed. 181. As to the allegations necessary in a suit by an assignee of ...
-Rights and Liabilities Of Purchaser Under The Conveyance. Part 3
Purchase of equity of redemption, whether real or personal estate liable to mortgage debt(r). (r) And see further these and other cases discussed in 2 Jarm. 5th ed. p. 1442 et seq. (s) Tweddell v. T...
-Rights and Liabilities Of Purchaser Under The Conveyance. Part 4
(m) Solomon v. S., (1864) 33 L. J. Ch. 473 ; 10 L. T. 54 ; Re Wormsley's Est., (1876) 4 Ch. D. 665 ; 46 L. J. Ch. 102; Gall v. Fenwick, (1874) 43 L. J. Ch. 178; 29 L. T. 822; Re Bull, (1884) 49 L. T. ...
-Rights and Liabilities Of Purchaser Under The Conveyance. Part 5
Amendment Act, 1867. The Real Estate Charges Act, 1877, s. 1, extends the Acts of 1854 and 1867 to a testator or intestate dying seised or possessed of, or entitled to, any land or other hereditament...
-Chapter XIV. The Effect Of The Conveyance On The Adverse Rights Of Third Parties. (1.) Purchaser without notice protected by legal estate against prior claimants
Where two persons have, in conscience, an equal claim to the same property, Equity will not interfere against the one who acquires a legal right to hold it; even though his equitable title is of later...
-Purchaser without notice protected by legal estate against prior claimants. Part 2
Where the fraud is by a person in a fiduciary character. (m) Newman v. N., (1885) 28 Ch. D. G74 ; 54 L. J. Ch. 598; ef. Ledbrook v. Passman, (1888) 57 L. J. Ch. 855. (n) Per James, L. J., in Pitcher...
-Purchaser w/o notice protected by legal estate against prior claimants. Part 3
(b) Richer v. Rawlins, (1872) 7 Ch. 259: 41 L. J. Ch. 485. But the legal estate will not protect a purchaser against the claims of persons whose prior right to its protection was known to him before ...
-Purchaser w/o notice protected by legal estate against prior claimants. Part 4
Distinction between doctrine of tacking and inability to deprive legal owner of his legal rights. (h) Pilcher v. Rawlins, (1872) 7 Ch. 259, 274; 41 L. J. Ch. 485. (i) Taylor v. Russell, 1892, A. C. ...
-(2.) Purchaser with mere equitable title, is postponed to prior equitable claimants
Where the purchaser has neither taken a conveyance of the legal estate, nor taken such a conveyance of the equitable estate as would seem to give him an absolute and indefeasible right to call for the...
-(3.) Purchaser, how far protected against defective execution of powers
against prior claimants who have encouraged him to purchase; - and by Statute in various cases. Equity will, except in favour of a mere volunteer, supply the defective execution of a power, if the de...
-Purchaser, how far protected against defective execution of powers. Part 2
(q) Re Lush's Trusts, (1869) 4 Ch. 591; 38 L. J. Ch. 650. (r) Sharpe v. Fog, (1868) 4 Ch. 35. A misrepresentation as to an existing state of facts will bind the party making it, though he make it in...
-Purchaser, how far protected against defective execution of powers. Part 3
Possession of title deeds, how far material. (k) Ladymanv. Grave, (1871) 6 Ch. 763, 769. (I) See Evans v. Bicknell, (1801) 6 Ves. 173 ; Harper v. Faultier, (1819) 4 Mad. 129 ; Martinez v. Cooper, (1...
-Purchaser, how far protected against defective execution of powers. Part 4
The true principle (q) deducible from the authorities seems to be, that mere indiscretion or inactivity is insufficient to postpone a purchaser or mortgagee, who has the legal estate: there must, to h...
-Purchaser, how far protected against defective execution of powers. Part 5
Second!//. Where the prior interests are both equitable, it seems that a like degree of negligence on the part of the prior equitable incumbrancer is necessary in order to postpone him as is necessary...
-Purchaser, how far protected against defective execution of powers. Part 6
The doctrine of reputed ownership. (p) S. 47. (q) S. 48. (r) See as to the old law on conveyances by a bankrupt, Nunes v. Carter, (1860) L. R. 1 P. C. at p. 349 ; 36 L. J. P. C. 12 ; per Ld. Westbu...
-(4.) As to priority under the Registration Acts
The old Local Registry Acts for the various ridings of Yorkshire (o), now repealed (p), and the existing Middlesex Registry Act, 1708, purport to render any deed affecting either the legal or equitabl...
-As to priority under the Registration Acts. Part 2
(a) Chevalv. Nichols, (1725) 1 Str. 664 ; Blades v. B., 1 Eq. Ca. Ab. 358 ; Bushell v. B., (1803) 1 Sch. & L. 90, 99, where all the earlier cases are considered. (b) Johnson v. Holdsworth, (1850) 1 S...
-As to priority under the Registration Acts. Part 3
S. 15 repealed. Tacking abolished by s. 16. It is not quite clear how the repeal of s. 15 alone can remedy the difficulty which that section had caused, so long as no priority is given to the legal ...
-As to priority under the Registration Acts. Part 4
As to notice to trustees. (e) See Hine v. Dodd, (1741) 2 Atk. 275 ; Jolland v. Stainbridge, (1797) 3 Ves. 478, 486 ; Wyatt v. Banc ell, (1815) 19 Ves. 435 ; Buckley v. Lananze, (1836) L. & G. temp. P...
-As to priority under the Registration Acts. Part 5
(d) But see Barnhart v. Greenshiclds, (1853) 9 Mo. P. C. 18. (e) Bast Grinstead case, (1G33) Duke's Char. Uses, 640. (/) A.D. 1G33. (g) Greenslade v. Bare, (1855) 20 Beav. 284. (h) Taylor v. Baker...
-As to priority under the Registration Acts. Part 6
(r) Per Lindley, L. J., in Bailey v. Barnes, 1894, 1 Ch. 25, 34 ; 63 L. J. Ch. 612. (s) Plumb v. Finite, (1791) 2 Anstr. at p. 438 ; and see Sug. 14th ed. 755. (t) Patman v. Harland, (1881) 17 Ch. D...
-As to priority under the Registration Acts. Part 7
(k) Land Charges Act, 1900, s. 1 ; and Order of 3rd August, 1900. (I) Hodgson v. Dean, (1825) 2 S. & S. 221; see, as to the extent to which a memorial is notice, Pochard v. Fulton, (1844) 1 J. & L. 4...
-As to priority under the Registration Acts. Part 8
Notice of the land, being in the occupation of a person other than the vendor, is notice to a purchaser that the person in possession has some interest in the land, for possession is prima facie evide...
-As to priority under the Registration Acts. Part 9
On sale of leaseholds. () Knight v. Bowye (1857) 23 Beav. 609, 640 ; 27 L. J. Oh. 520; Hunt v. Luck, 1902, 1 Ch. 428, 432; 71 L. J. Ch. 239. (u) Knight v. Bowyer, (1857) 2 D. & J. 421 ; 26 L. J. Ch....
-As to priority under the Registration Acts. Part 10
Where purchaser, having notice of claim, abstains from inquiry. Sm. & G. 188. See and distinguish Earl of Gainsborough v. Watcombe Co., (1885) 54 L. J. Ch. 991. (r) Taylor v. Baker, (181S) 5 Pr. 306...
-As to priority under the Registration Acts. Part 11
3 m 2 In Bellamy v. Sabine (u), the principles on which the doctrine of Us pendens depends were fully discussed. The circumstances were shortly these : In 1827, A., a tenant for life, sold his life e...
-As to priority under the Registration Acts. Part 12
(c) Worthing ton v. Morgan, (1819) 1G Si. 517 ; 18 L. J. Ch. 233; Peto v. Hammond, (1861) 30 Beav. 495; 31 L. J. Ch. 354 ; Clarice v. Palmer, (1882) 21 Ch. D. 121 ; 51 L. J. Ch. 634 ; and see sup. p. ...
-As to priority under the Registration Acts. Part 13
(x) Agra Bank v. Barry, sup. ; Ratcliffe v. Harvard, (1871) 6 Ch. 652; 10 L. J. Ch. 777. (y) Hewitt v. Loosemore, (18.31) 9 Ha. 449, 458 ; Worthington v. Morgan, (1849) 1G Si. 547 ; 18 L. J. Ch. 233...
-As to priority under the Registration Acts. Part 14
Though solicitor, etc. is employed by both parties, or is himself the vendor. (o) Re Cousins, (1886) 31 Ch. D. 671 ; 55 L. J. Ch. 662. (p) Le Neve v. Le N., (1748) 3 Atk. 648 ; Dryden v. Frost, (183...
-As to priority under the Registration Acts. Part 15
Dixon v. Winch. (a) Atterbury v. Wallis, sup. (b) Boursot v. Savage, (1866) 2 Eq. 134 ; 35 L. J. Ch. 627 ; Dixon v. Winch, inf. ; and see Taylor v. London and County Bhg. Co., 1901, 2 Ch. 230, 259. ...
-As to priority under the Registration Acts. Part 16
(y) Berry v. Smith, (1842) 9 M. & W. 681; 11 L. J. N. S. Ex. 269; see Rochefoucauld v. Boustead, (1896) 65 L.J. Ch. 794. (z) Sawyer v. Birchmore, (1835) 3 M. &: K. 572. As to documents hcing privileg...
-As to priority under the Registration Acts. Part 17
(p) Rcynell v. Sprye, (1846) 10 Beav. 51 ; and see Warde v. W., (1851) 3 M. & G. 365, a case of husband and wife ; and Tugwell v. Hooper, (1847) 10 Beav. 348; 16 L. J. N. S. Ch. 171, where the solicit...
-As to priority under the Registration Acts. Part 18
Remarks on Maguire v. Armstrong. 2 B. & B. 538, 548 ; and see Blake-ney v. Bagott, (1829) 3 Bl. N. S. at pp. 248, 257. (g) Sug. 14th ed. 752. (A) L. & G. temp. S. 215, 216 ; Wood v. Marquis of Lon...
-As to priority under the Registration Acts. Part 19
Notice of a conveyance which comes within the provisions of the 27 Eliz. c. 4(e), as being made for the purpose of defrauding purchasers, or as reserving a power of revocation to the grantor (f), is i...
-As to priority under the Registration Acts. Part 20
What conveyances are fraudulent within the Statute. (u) Douglusse v. Waad, (1659) 1 Ch. Ca. 99 ; but not, of course, where it is post-nuptial. (x) Hillv. Bishop of Exeter, (1809) 2 Taun. 69. (y) Ba...
-As to priority under the Registration Acts. Part 21
Assignment of leaseholds, whether in itself valuable consideration. (u) Price v. Jenkins, (1877) 5 Ch. D. 619; 46 L. J. Ch. 805; Harris v. Tubb, (1889) 42 Ch. D. 79 ; 58 L. J. Ch. 434, in which case ...
-As to priority under the Registration Acts. Part 22
Marriage a sufficient consideration. The doctrine of election. (k) Ramsay v. Gilchrist, 1892, A. C. 412 ; 61 L. J. P. C. 72 ; and see A.-G. v. Newcastle Corp., (1842) 5 Beav. 307 ; (1845) 12 C. & F....
-As to priority under the Registration Acts. Part 23
Limitations in favour of collaterals. (c) Green v. Paterson, (1886) 32 Ch. D.95; 56L.J.Ch.l81; and see Gandy v. G., (1885) 30 Ch. D. 58 ; 54 L. J. Ch. 1154; a case arising under a separation deed ; c...
-As to priority under the Registration Acts. Part 24
Unless there is some special circumstance, such as above suggested, to bring the collaterals within the consideration of the marriage contract, those collaterals are, as a general rule, volunteers, an...
-As to priority under the Registration Acts. Part 25
Consideration not expressed (a) Colombine v. Penhall, (1853) 1 S. & G. 228 ; Re Pennington, (1887) 59 L. T. 774. (b) Buhner v. Hunter, (1869) 8 Eq. 46; 38 L. J. Ch. 543 ; Aeraman v. Corbett, (1861) ...
-As to priority under the Registration Acts. Part 26
Distinction between creditors' deeds and other trust deeds. (I) Prodgers v. Langham, (1663) 1 Sid. 133; George v. Milbanke, (1803) 9 Ves. 190 ; Parr v. Eliason, (1800) 1 Ea. 92, 95 ; see Halifax Join...
-As to priority under the Registration Acts. Part 27
Power of revocation should be expressly reserved, where so intended. (e) Twyne's case, 1 Sm. L. C. 11th ed. pp. 1, 26. (/) See Bullock v. Thome, (1815) Moo. 615; S. C, cited 3 Co. 82b; but it seems ...
-As to priority under the Registration Acts. Part 28
Settlements to defraud creditors, void under 13 Eliz. c. 5. (u) Sup., p. 4-45. (x) Kennedy v. Daly, (1804) 1 Sch. & L. at p. 379. (y) See inf., p. 937 el seq. (z) S. 5 ; Halifax Joint Stock Bky. C...
-As to priority under the Registration Acts. Part 29
Tests of validity. K. & J. 223 ; 24 L. J. Ch. 196 ; Robson v. M'Creight, (1858) 25 Beav. 272; 27 L. J. Ch. 471. (u) Re Carl Hirth, 1899, 1 Q. B. 612, 620; 68 L. J. Q. B. 287; cf. Alton v. Harrison, ...
-As to priority under the Registration Acts. Part 30
Who may impeach. (I) Tarleton v. Liddell, (1851) 17 Q. B. 390 ; (1851) 4 De G. & S. 538 ; 20 L. J. Q. B. 507; Wakefield v. Gibbon, (1857) 1 Giff. 401 ; 26 L. J. Ch.505. (m) Barling v. Bishopp, (186...
-As to priority under the Registration Acts. Part 31
How voluntary settlements may be avoided under the Bankruptcy Act. (e) Olliver v. King, (185.5) 1 Jur. N. S. 10G6 ; rev. (1856) 8 D. M. & G. 110. (f) Reg. v. Smith, (1852) 6 Cox, C. C. 31. (g) Wich...
-As to priority under the Registration Acts. Part 32
Whether he can claim for improvements or repairs. (d) Thomas v. T., (1855) 2 K. & J. 79, 85 ; 25 L. J. Ch. 159 ; and see Hicks v. Sallitt, (1854) 3 D. M. & G. 782, 813 ; 23 L. J. Ch. 571 ; Nanncy v. ...
-(6.) Contribution to paramount charges
Purchase by trustees. Section 6 Where an estate subject to a paramount charge becomes divided amongst several purchasers, it becomes a matter of some difficulty to determine the proportions in which...
-(7.) The rights of third parties after conveyance in various cases
The L. C. C. Act, 1845, enables the promoters of an undertaking who have purchased land, upon the discovery at any time of the existence of any outstanding estates or interests therein, which through ...
-The rights of third parties after conveyance in various cases. Continued
(a) Gokuldoss v. Rambnx, (1884) 11 Ind. Ap. 126. And see Re Cork Harbour Bocks Co., (1885) 17 L. R. Ir. 515. (b) Cracknall v. Janson, (1877) 6 Ch. D. 735; 46 L. J. Ch. 652. (c) Bell v. Sunderland B...
-Chapter XV. As To The Rights, Under The Conveyance, Of Joint Purchasers, And Persons Other Than The Nominal Purchasers. (1.) As to joint purchasers
A conveyance of land to two or more persons without words indicating that they are to take as tenants in common, constitutes, at Law, a joint tenancy (a) ; and the rule is the same in Equity (b), if t...
-As to joint purchasers. Part 2
(p) Robinson v. Preston, (1858) 4 K. & J. 505 ; 27 L. J. Ch. 394 ; Re Jackson, (1887) 34 Ch. D. 732; 56 L. J. Ch. 593 ; but see contra, Re Hughes' Tr., (1877) 19 W. R. 468 ; and ef. Re Rowe, (1889) 61...
-As to joint purchasers. Part 3
No fiduciary relationship between tenants in common; when one receives entire rents. And, where purchasers stand in the relation of partners, any advantage secured by one (q) by means of any dealings...
-(2.) Purchases in the name of a nominal purchaser
Where, upon a purchase, either by one or several, the conveyance is taken in the name of a stranger; or where, in the case of a joint-purchase, the conveyance is taken in the names of some, but not al...
-Purchases in the name of a nominal purchaser. Part 2
(e) Re Duke of Marlborough, 1894, Statute of Frauds not to be made an instrument of fraud. And parol evidence is admissible to prove that what purports to be an absolute conveyance was, in fact, a m...
-Purchases in the name of a nominal purchaser. Part 3
(y) See Grey v. G., (1677) 2 Sw. 594, 598. (z) Maddison v. Andrew, (1747) 1 Ves. sen. 57, 61 ; Skeats v. S., (1842) 2 Y. & C. C. C. 9 ; 12 L. J. Ch. 22 ; Robinson v. Preston, (1858) 4 K. & J. 505 ; 2...
-Purchases in the name of a nominal purchaser. Part 4
(p) Mumma v. M., (1687) 2 Vcrn. 19; Crabb v. C, (1834) 1 M. & K. 511, 518; 3 L.J. N. S. Ch. 181. (q) Sec Elliot v. E., (1677) 2 Ch. Ca. 231; Redington v. R., (1794)3 Ridg. 106, 200; Woodman v. Morrel...
-Purchases in the name of a nominal purchaser. Part 5
Presumption of advancement where a father settles his own along with trust moneys. Conveyance as qualification for office. 600; and see Sidmouth v. S., sup.; Alleyne v. A., (1845) 2 J. & L. 544, 555...
-Purchases in the name of a nominal purchaser. Part 6
Land purchased with trust money becomes impressed with trust. As to proof of application of money. 106, 178 ; and see Be Whitehouse, (1887) 37 Ch. D. 683; 57 L. J. Ch. 161. (n) Including in the term...
-Purchases in the name of a nominal purchaser. Part 7
(a) Fosbrooke v. Balguy, (1833) 1 M. & K. 226; see Lewin, 11th ed. 202. (b) Birds v. Askey, (1858) 24 Beav. 618; see now Trustee Act, 1893, 8. 45. {c) Hughes x. Wells, (1852) 9 Ha. 749. (d) Re Hall...
-Chapter XVI. Remedies At Law For Breach Of Contract. (1.) Purchaser's remedies against vendor
In the preceding pages matters have been discussed relating to cases where an ordinary contract between vendor and purchaser is perfected in the usual way by conveyance of the estate and payment of th...
-Purchaser's remedies against vendor. Part 2
Their powers and liabilities. To liability of undisclosed principal for unauthorized act of agent, see Thomson v. Davenport, (1829) 2 Sm. L. C. 11th ed. 389, and notes thereto ; Story, Ag. s. 406 and...
-Purchaser's remedies against vendor. Part 3
(j) Smith v. Sleap, (1844) 12 M. k W. 585. (k) Hollins v. Fowler, (1871) L. R. 7H. L. 757; 44 L. J. Q. B. 169. In a case of payment improperly procured from an agent, by means of a fraudulent misrep...
-Purchaser's remedies against vendor. Part 4
What damages are, as a general rule, recoverable at Law, for breach of contract. (i) Bratt v. Ellis, Sug. 14th ed. 812. (k) Worthington v. Warrington, (1819) 8 C. B. 134; 18 L.J. C. P. 350. (I) Han...
-Purchaser's remedies against vendor. Part 5
The whole question, however, came before the House of Lords, on an appeal direct from the Court of Exchequer, in Bain v. Fothergill (h), which seems to have been erroneously considered as identical wi...
-Purchaser's remedies against vendor. Part 6
The rule applies only to a broken contract, not to a broken covenant in a conveyance. (r) Wall v. City of London Real Property Co., (1874) L. R. 9 Q. B. 249 ; 43 L. J. Q. B. 75. (s) Gas Light Co. v....
-(2.) Vendor's remedies at Laic against Purchaser
Upon default by the purchaser, the vendor, or, if he is dead, his personal representatives, can sue the purchaser, or, if he is dead, his personal representatives, or his real representatives, if the ...
-(3.) Plaintiff, how far bound to perform his part of the agreement before action
As a general rule, the mutual engagements of the parties will be considered dependent on each other; and either must (unless discharged therefrom by the other (x) ) perform his liabilities before he s...
-(4.) Forfeiture and recovery of the Deposit (d)
The right of a purchaser to recover his deposit in the event of the non-completion of the contract is a Common Law right (e). In this respect Equity simply follows the law, and considerations which go...
-(5.) As to the agreement; - how affected by parol evidence
The contract, as originally entered into, cannot at Law be altered by evidence of a parol variation in favour of either plaintiff or defendant (a) ; but an action may lie on a parol agreement, which v...
-As to the agreement; - how affected by parol evidence. Continued
(1890) 15 A. C. 144, per Lord Watson. (/) Bourne v. Gatliff, (1844) 11 C. &F. 45, 70. (g) See Colpoys v. C, (1822) Jac. 451, 463; Simpson v.Margitson, (1847) 11 Q. B. 23 ; 17 L. J. Q. B. 81 ; Doe v....
-(6.) Grounds of defence at Law, the agreement being admitted
Supposing the agreement and its breach to be prima, facie capable of proof against the defendant, he may, by way of defence to the action, show, either that the agreement was originally invalid, or th...
-(7.) Remedy by Mandamus against Railway Companies, etc
When a railway or other company has, under their compulsory powers, entered into a valid statutory contract to take lands, the Court will, if necessary, enforce by mandamus the completion of the purch...
-Chapter XVII. Specific Performance. (1.) The Jurisdiction Generally
The primary (and, until recently, probably the only) relief to be obtained in Equity for the non-performance of the contract, is a decree for specific performance. The question whether the Court had o...
-Specific Performance. (1.) The Jurisdiction Generally. Continued
(m) Graham v. Massey, (1883) 23 Ch. D. 743 ; 52 L. J. Ch. 750. (n) Withy v. Cottle, (1823) 1 S. & S. 174; Regent's Canal Co. v. Ware, (1857) 23 Beav. 575 ; Cogent v. Gibson, (18G4) 33 Beav. 557. (o...
-(2.) By whom specific performance may be enforced
Equity will enforce specific performance of the contract for sale at the suit of the purchaser himself, or of his representatives in interest,-such interest, it must be remembered, being the right to ...
-(3.) Against whom specific performance may be enforced
Equity will enforce specific performance of the contract for sale, against the vendor himself, and also (on the footing not of contract but of trusteeship) against, first, all persons claiming under h...
-Against whom specific performance may be enforced. Continued
Ch. D. 415; (1887) 36 Ch. D. 716 ; 56 L. J. Ch. 254, 832. In Davis v. Tollemache, (1856) 2 Jur. N. S. 1181, Stuart, V.-C, refused to order the execution of a disentailing deed in pursuance of a mere g...
-(4.) Absence of written agreement: - fraud: - part performance : - admission by defendant of parol agreement:-parol variation of written agreement
Though in general there must, in order to sustain a suit for specific performance, be a contract in writing within the Statute of Frauds (v), the Court, in certain cases, decrees specific performance ...
-Absence of written agreement. Part 2
(d) Britain v. Jlossiter, (1879) 11 Q. B. D. 123 ; 48 L. J. Ex. 362. (e) Maddison v. Alderson, (1883) 8 A. C. 467, 474; 52 L. J. Q. B. 737 ; MeManus v. Cooke, (1887) 35 Ch. D. 681 ; 56 L. J. Ch. C62....
-Absence of written agreement. Part 3
(/) See Hunt v. Wimbledon Local Bd., (1878) 3 C. P. D. 208, 214 ; 47 L. J. C. P. 540 ; 48 L. J. C. P. 207; ef. Crook v. Corp. of Seaford, (1871) 6 Ch. 551. (g) Wilson v. West Hartlepool B. Co., (1865...
-Absence of written agreement. Part 4
Verbal notice to renew lease, and retention of possession by tenant. And where a colliery proprietor, under the mistaken notion that he had a power of compulsorily purchasing land for the purpose of ...
-Absence of written agreement. Part 5
(e) Sandersonx. Cockcrmouth R. Co., (1849) 11 Beav. 497; Richardson v. Eyton, (1852) 2 D. M. & G. 79. (f) See Oxford v. Provand, (1868) L. R. 2 P. C. 135 ; and of. Rumblev. Heygate, (1870) 18 W. R. 7...
-(5.) Variation of the written agreement set up by defendant- fraud - mistake - misrepresentation - part performance of parol variation
On the other hand, it is quite competent for the defendant to set up a variation from the written contract; and it will depend on the particular circumstances of each case whether that is to defeat th...
-Variation of the written agreement set up by defendant- fraud - mistake - misrepresentation - part performance of parol variation. Continued
D. Vol. It Defendant had escaped on the ground of mistake, not contributed to by the plaintiff, were cases where hardship amounting to injustice would have been inflicted on him by holding him to his...
-(6.) Defence where complete written agreement;-personal incapacity; - nature of contract; - fraud; - mistake; - matters relating to the estate, - title - or consideration ; - plaintiff's conduct after contract; - delay; - election of other remedy
We will now consider those grounds of defence which, assuming the existence of a prima facie valid agreement, go to negative altogether the right to specific performance. These may be considered under...
-Defence where complete written agreement. Part 2
(c) Blackett v. Bates, (1865) 1 Ch. 117 ; 34 L. J. Ch. 515; Gervais v. Edwards, (1842) 2 D. & War. 80; Bills v. Croll, (1845) 2 Ph. 60 ; Firth v. Ridley, (1864) 33 Beav. 516. (d) See Peto v. Brighton...
-Defence where complete written agreement. Part 3
Hardship. (p) (1852) 1 D. M. &G. 622. (q) Catt v. Tourle, (1869) 4 Ch. 654 ; Webster v. Billon, (1857) 5 W. R. 867 ; Fechter v. Montgomery, (1863) 33 Beav. 22 ; Montague v. Flockton, (1873) 16 Eq. 1...
-Defence where complete written agreement. Part 4
Fraud, mistake, surprise, misrepresentation, or concealment. (p) Saxon v. Blake, (1861) 29 Beav. 438. (q) Hay ward v. Cope, (1858) 25 Beav. 140 ; 27 L. J. Ch. 468. (r) Per Lord Cottenham in Edwards...
-Defence where complete written agreement. Part 5
(j) Brinkley v. Hann, (1843) Dru. 175 ; see Gumming v. Ince, (1847) 12 Jur. 331 ; 17 L. J. Q. B. 105 ; Petre v. Espinasse, (1833) 2 M. & K. 496 ; Selby v. Jackson, (1843) 6 Bear. 192. (k) Sup. Ch. II...
-Defence where complete written agreement. Part 6
It seems by no means clear whether, even in the extreme case of A. contracting to sell the estate of B., A. would not be entitled to specific performance, if by procuring a conveyance from B., he were...
-Defence where complete written agreement. Part 7
The existence of an incumbrance not a matter of defence. A difficulty sometimes arises on the assignment of a contract to grant a lease from the fact that the lessor does not get the covenants of the...
-Defence where complete written agreement. Part 8
3rd - Matters relating to estate:- original defects in, how far a defence ; public nuisance; public inconvenience. It was considered, in one case, that the existence of a public nuisance in the immed...
-Defence where complete written agreement. Part 9
(c) Thomas v. Bering, (1837) 1 Ke. 729; 6 L. J. N. S. Ch. 267. See now S. L. Act, 1890, s. 16. (d) Todd v. Gee, (1810) 17 Ves. 273. (e) See Seawcll v. Webster, (1860) 29 L. J. Ch. 71, 73. (f) Brown...
-Defence where complete written agreement. Part 10
Instances of the rule. (q) Futon v. Rogers, (1813) 1 Ves. & B. at p. 353. (r) Mortlock v. Buller, inf. ; Hill v. Buckley, (1810) 17 Ves. 401; (1814) 3 Ves. & B. 192. (s) Mortlock v. Buller, (1804) ...
-Defence where complete written agreement. Part 11
Difficulties of, and exceptions to, the rule. (r) Sup. p. 1075 et seq.; and see per Turner, L. J., in Hughes v. Jones, (1861) 3 D. F. & J. 307, 315; 31 L. J. Ch. 83. (s) Williams v. Higden, (1828) C...
-Defence where complete written agreement. Part 12
Ireland (2). But the tendency of recent decisions is against such an extension of the doctrine of constructive notice to the relation of vendor and purchaser, while the matter rests in contract (a). A...
-Defence where complete written agreement. Part 13
Distinction between purchaser's rights as plaintiff and defendant. If the purchaser be unwilling to complete with an abatement, he may resist specific performance (m), on the ground of the tenure of ...
-Defence where complete written agreement. Part 14
Or no title shown to extent of interest contracted for; or to material part of estate; (t) Stewart v. Alliston, (1815) 1 Mer. 26. (u) Langford v. Sehnes, (1857) 3 K. & J. 220 ; Smith v. Watts, (185&...
-Defence where complete written agreement. Part 15
Defect in title to one of several lots. (d) Nouaille v. Flight, (1844) 7 Beav. 521 ; 13 L. J. Ch. 414 ; Re Haedicke and Lipski, 1901, 2 Ch. 666 ; 70 L. J. Ch. 811. (e) Sng. 14th ed. 31.5. Knowledge ...
-Defence where complete written agreement. Part 16
(y) Howland v. Norris, (1784) 1 Cox, 59. (z) Esdaile v. Stephenson, (1822) 1 S. & S. 122 ; Portman v. Mill, (1831) 1R. &M. 696; Woodv.Bernal, (1812) 19 Ves. 221 ; Prcndergast v. Eyre, (1828) 2 Hog. 7...
-Defence where complete written agreement. Part 17
(t) See Ryle v. Swindells, (1824) M'Cl. 519 ; Playford v. P., (1845) 4 Ha. 546; Tigers v. Pike, (1842) 8 C. & F. at p. 645. The fact of the sale being by auction, although not absolutely conclusive (...
-Defence where complete written agreement. Part 18
When price fixed by valuation. (m) See Haywood v. Cope, (1858) 25 Beav. 140; 27 L. J. Ch. 468, where a contract to purchase a colliery, which proved to be worthless, for 1400/., was forced on the pur...
-Defence where complete written agreement. Part 19
Less time allowed where there is a refusal to perform the contract. The modern tendency of the Court, however, has been to require the plaintiff to be prompt in seeking his equitable remedy (u) ; and...
-Defence where complete written agreement. Part 20
Inability of vendor to perform a material stipulation of the contract. (h) Sup. p. 289. (i) Knatchbull v. Grueber, (1816) 3 Mer. 144. (k) Colby v. Gadsden, (1865) 34 Beav. 416. (/) See Hunter v. D...
-(7.) Proceedings in the fiction; - payment of purchase-money into Court; - appointment of receiver; - injunction;- reference of title; - Vendor and Purchaser Act, 1874
Where the purchaser is in possession of the estate without having paid his purchase-money, the vendor is generally entitled to call upon him to pay it into Court. This subject is fully dealt with in t...
-Proceedings in the fiction. Part 2
(d) Wing v. Tottenham R. Co., (1868) 3 Ch. 740 ; 37 L. J. Ch. 654 ; Walker v. Ware R. Co., (1865) 1 Eq. 195 ; 35 L. J. Ch. 91. Sometimes an occupation rent is set on the estate, deducting interest on...
-Proceedings in the fiction. Part 3
(y) Dorin v. Harvey, (1845) 15 Si. 49. (z) Fleetwood v. Green, (1809) 15 Ves. 594 ; Margravine of Anspach v. Noel, (1816) 1 Mad. 310 ; Burroughs v. Oakley, (1819) 3 Sw. at p. 168, and earlier cases c...
-Proceedings in the fiction. Part 4
Where a necessary party to the title is, neither in Law nor in Equity, subject to the control of the vendor, hut has an independent interest, and no evidence is furnished of a legal or equitable oblig...
-Chapter XVIII. Power Of The Court To Sell Under Various Acts
(1.) Settled Estates Act, 1877 (2.) Trustee Act, 1893, s. 44. (3.) Partition Acts, 1868 and 1876. It remains to consider how far the ordinary relative rights and liabilities of vendor and purchaser...
-(1.) The Settled Estates Act, 1877
By s. 16 of the Settled Estates Act, 1877 {a), the Chancery Division of the High Court (b) is empowered, so far as relates to estates in England, if it shall deem it proper and consistent with a ...
-The Settled Estates Act, 1877. Part 2
What is a settlement and a settled estate within the Act. (/) Be Venour's S. E., (1876) 2 Ch. D. 522, 525 ; 45 L. J. Ch. 409. (m) Re Eurle's S. E., (1864) 2 H. & M. 196. (n) Re Chambers' S. E.,...
-The Settled Estates Act, 1877. Part 3
In case of infant tenant in tail. (e) Grey v. Jenkins, (1859) 26 Beav. 351 ; Re Potts, (1867) 15 W. E. 29. (/) Eyre v. Saunders, (1858) 4 Jur. N. S. 830; 28 L.J. Ch. 439. (g) Re Ives, (1876) 3 Ch. ...
-The Settled Estates Act, 1877. Part 4
Notices must be served on trustees. Under the old practice advertisement of any application under the Act was imperative (c) ; but by s. 31, notices of applications are necessary only if the Court sh...
-The Settled Estates Act, 1877. Part 5
The Act extends, by s. 57, to all matters existing on the 1st of November, 1877, whether proceedings were actually pending or not (x) ; and the Court may, by s. 38, exercise the powers conferred upon ...
-The Settled Estates Act, 1877. Part 6
(1876) 2 Ch. D. 29 ; 45 L. J. Ch. 250. (h) 0. V. As to the evidence necessary in support of the application, see 0. X. (i) O. V. (k) O. VIII. (l) O. VI. (m) 0. IX. In the case of a lunatic, the ...
-The Settled Estates Act, 1877. Part 7
The provisions of this Act and the repealed Acts were largely resorted to, and proved beneficial in many cases where, from the want of an adequate trust or power in the settlement, the opportunity of ...
-(2.) The Trustee Act, 1893, s. 44
By s. 44 of the T. Act, 1893 (as amended by the Act of 1894), it is enacted that where a trustee or other person is for the time being authorised to dispose of land by way of sale, exchange, partiti...
-(3.) The Partition Acts, 1868 and 1876 (w)
By s. 3 of the Partition Act, 1868, in a suit for partition where, if the Act had not been passed, a decree for partition might have been made ; then, if it appears to the Court that by reason of the...
-The Partition Acts, 1868 and 1876 (w). Part 2
(i) Dicks v. Ratten, (1870) W. N. 173; Williams v. Games, (1875) 10 Ch. 204 ; Dyer v. Paynter, sup. (k) Allen v. A., sup. (1) Lys v. L., (1868) 7 Eq. 126 ; Pemberton v. Barnes, (1871) 6 Ch. 685; 40 ...
-The Partition Acts, 1868 and 1876 (w). Part 3
Power of the Court as regards the sale. (s) Pitt v. Jones, (1880) 5 Ap. Ca. 651 ; 49 L. J. Ch. 795, affirming 6'. C. sub nom. Gilbert v. Smith, (1879) 11 Ch. D. 78; 48 L. J. Ch. 352. (t) Evans v. Ev...
-The Partition Acts, 1868 and 1876 (w). Part 4
Service of notice may be dispensed with. (n) See last note. (o) Pitt v. White, (1887) 57 L. T. 650; Re Stedman, (1888) 58 L. T. 709. (p) It was formerly held that after directing inquiries the Cour...
-The Partition Acts, 1868 and 1876 (w). Part 5
Practice under the s. Infants. Persons of unsound mind. Married women. (z) Miles v. Jarvis, (1883) 50 L. T. 48. (y) Platt v. P., (1880) 28 W. R. 533. (z) Rimington v. Hartley, (1880) 14 Ch. D. 6...
-The Partition Acts, 1868 and 1876 (w). Part 6
Where all parties not before the Court. (q) See Mildmay v. Quiche, (1875) 20 Eq. 537. (r) S. C. (s) Seton, 6th cd. 1878, 1879. (t) Powell v. P., (1874) 10 Ch. 130; 44 L. J. Ch. 122; Milthnay v. Qu...
-Chapter XIX. Sale By The Court. (1.) The time for, conduct of, and manner of sale
An estate, when sold by the Court, is usually sold by public auction; the Court will, however, at once accept an advantageous offer actually made for the property (a) ; and if the affidavits on an app...
-Sale By The Court. (1.) The time for, conduct of, and manner of sale. Part 2
(q) Mandeno v. M., (1853) Kay, App. ii. But a sale will not be ordered in an administration action, when the testator has himself directed all necessary expenses to be raised by mortgage {b); so, whe...
-Sale By The Court. (1.) The time for, conduct of, and manner of sale. Part 3
(p) Girdlestone v. Lavender, (1852) 9 Ha. App. liii.; Campbell v. Moxhay, (1854) 18 Jur. 641. (q) Laslelt v. Cliffe, (1854) 2 Sm. & G. 278; and see Woodford v. Brooking, (1874) 17 Eq. 425. (r) Boyde...
-Sale By The Court. (1.) The time for, conduct of, and manner of sale. Part 4
Immediate sale ordered, when. (h) Wade v. Wilson, (1882) 22 Ch. D. 235. (i) Provident Clerks, c. Asson. v. Lewis, (1892) G7 L. T. 644. (k) R. S. C. 1883, O. LV. r. 5a. (l) O'Kelly v. Cuhrrhou...
-Sale By The Court. (1.) The time for, conduct of, and manner of sale. Part 5
Conduct of sale. (I) Union Bank v. Munster, (1887) 37 Ch. D. 51 ; 57 L. J. Ch. 124. (m) Coaks v. Boswell, (1886) 11 Ap. Ca. 232 ; 55 L. J. Ch. 761. (n) Knott v. Cottee, (1859) 27 Beav. 33 ; even th...
-Sale By The Court. (1.) The time for, conduct of, and manner of sale. Part 6
Court will not knowingly allow defective title. (i) R. S. C. 1883, 0. LI. r. 2. How far the proceedings in the action should be shown on the abstract, see Waters v. W., (1S6G) 15 W. R. 191 ; 3G L. J....
-(2.) The rights and liabilities of the highest bidder before the certificate becomes absolute; - the late practice of opening biddings
After the sale, the auctioneer and the solicitor of the party having the conduct of the sale certify the result (b), and their certificate must be left at chambers one clear day before that fixed for ...
-(3.) The purchaser's rights and liabilities after the certificate has become absolute
Upon the certificate becoming absolute, the purchaser becomes the owner of the estate, subject to payment of the purchase-money. Consequently, he may resell at a profit for his own benefit (z). He is ...
-(4.) The investigation of the title; - payment and application of purchase-money; - possession; - preparation and execution of the conveyance
Delivery of the abstract may, if necessary, be compelled by an order obtained on summons ; and, if dissatisfied with the title shown thereby, the purchaser may procure an order that the title he refer...
-The investigation of the title. Part 2
(e) Sug. 14th ed. 107, citing Camden v. Benson, (1837) 1 Ke. 671. (f) Flower v. Eartopp, (1845) 8 Beav. at p. 200; 12 L. J. Ch. 507 ; and see Holland v. King, (1852) 20 L. T. (O. S.) 123. (g) Fielde...
-The investigation of the title. Part 3
As to its application and distribution. (a). Wilding v. Andrews, (1834) 1 Coop. t. Cott. 380. (b) S. C. ; and see Anon., cited Sug. 14th ed. 105. (c) Casamajor v. Strode, (1823) 1 S. & S. 381. (d)...
-The investigation of the title. Part 4
Purchaser's costs of appearing on application for distribution of purchase -money. If the money has been invested on his application, he must, if the purchase is rescinded, take the stock, notwithsta...
-The investigation of the title. Part 5
(s) Re Eyre's S. E., (1858) 4 K. & J. 268 ; Seton, 6th ed. 354 ; but see Re Sheffield's S. E., (1876) W. N. 152. (t) R. S. C, 0. LV. r. 34. As to the omission of these words where a party is in defa...
-(5.) The purchaser's rights after completion
Upon the execution of the conveyance the purchaser is, as a general rule, entitled to have the title deeds delivered to him; and an order for their delivery, if not provided for in the order for payme...
-(6.) The practice when the purchaser fails to complete
As we have already seen (b), no step need be taken by the highest bidder in order that he may assume the character of purchaser ; the conditions of sale fix a time at which all parties may, if they th...
-Chapter XX. As To Searches For And Inquiries Respecting Incumbrances
(1.) What inquiries should be made of vendor's solicitors; and of supposed incumbrancers, trustees, and tenants. It has been held (a) that the duty of the vendor with regard to title is limited to fu...
-(2.) What searches should be made for incumbrances; - Law respecting judgments, etc
Under s. 2 (1) of the Conv. Act, 1882, a requisition (c) for search may be made in the Central Office of the Supreme Court of Judicature (now in the Land Registry) for entries of judgments, deeds, or ...
-What searches should be made for incumbrances. Part 2
What need not be registered. Sect. 13 of the Land Charges Act, 1888, renders land charges created before 1889 irrecoverable as against a purchaser for value, unless registered within one year from tl...
-What searches should be made for incumbrances. Part 3
Purchaser under power of appointment, not affected by judgments, notwithstanding notice. A judgment entered up against the vendor, subsequently to the contract but before conveyance, was immaterial i...
-What searches should be made for incumbrances. Part 4
Extended equitable operation of judgments under the Judgments Act, 1838. (s) As to leaseholds being included in this section, see Avison v. Holmes, (1861) 1J. &H. 530, 544. (t) Which, it seems, exclu...
-What searches should be made for incumbrances. Part 5
What property extendible under the new law. Judgment an immediate charge in Equity. (y) Chadwick v. Holt, (1856) 2 Jur. N. S. 918 ; 2G L. J. Ch. 76 ; distinguish Duke of Beaufort v. Phillips, (1847)...
-What searches should be made for incumbrances. Part 6
Practical inconveniences resulting from the doctrine. (t) Lewis v. Duncombe, (1855) 20 Beav. 398. (tt) 15 Sim. 128. (u) Younghmband v. Gisborne, (1846) 1 De G. & S. 209. (x) 1 K. & J. 313 ; and se...
-What searches should be made for incumbrances. Part 7
In Watts v. Porter (/), a majority of the Court of Queen's Bench held that a mortgage of an equitable interest in stock, where the mortgagee had omitted to give notice of the charge to the trustees, m...
-What searches should be made for incumbrances. Part 8
(a) See Elph. & C. 35, 43. Judgments Act, 1838. Judgments Act, 1839. By s. 1 of the Law of Property Amendment Act, 1860, which was not retrospective (c), before a judgment could affect land (of wha...
-What searches should be made for incumbrances. Part 9
Summary of present law, relating to writs and orders under the Acts of 1888 and 1900. Though, theoretically, a search ought to be made for five years preceding the sale in the names of former owners,...
-What searches should be made for incumbrances. Part 10
The Judgments Act, 1839, s. 7, which introduced the practice of registering actions, provides that no lis pendens shall bind a purchaser or mortgagee without express notice thereof, unless and until a...
-What searches should be made for incumbrances. Part 11
Court Rolls and local registers. Searches in local deeds registries. Instruments not affected by local deeds registries. (f) Wright v. Morton, (1887) 12 A. C. at p. 376 ; 56 L. J. Ch. 873. (g) S. C...
-(3.) Time for malting searches and inquiries
Whatever searches and inquiries are deemed necessary, should, of course, be brought down to a point as close as possible to the time fixed for completion ; some practitioners make the search, or offic...
-Chapter XXI. Death Duties. (1.) Succession Duty
By the Succession Duty Act, 1853, a duty known as succession duty was made payable in respect of the succession to property or the income thereof to which any person after the passing of the Act, i.e....
-Death Duties. (1.) Succession Duty. Part 2
Duty payable on the succession on death of joint tenant. As to trust estates vested in trustees apparently as absolute owners. (m) See Customs and Inl. Eev. Act, 1889, s. 12 (2). (n) S.-s. 3. (o) S....
-Death Duties. (1.) Succession Duty. Part 3
Sale under S. E. Act, 1877, and S. L. Acts. Where a purchaser contracts for the purchase of an estate in fee simple in possession, notwithstanding that the purchase is in part from owners in remainde...
-(2.) Estate Duty
Under the Finance Act, 1894(6), in the case of every person dying after the 1st Aug., 1894, a duty called estate duty is payable upon the principal value (c) of all pro-perty (d), real or personal, se...
-Estate Duty. Continued
(n) Finance Act, 1896, s. 15 (4). (o) This term does not include reversions expectant on the determination of leases, s. 22 (1) (j) of Finance Act, 1894. (p) S. 21 (3); Finance Act, 1900, s. 12(1). ...
-Chapter XXII. The Land Transfer Acts, 1875 And 1897. (1.) General Principles
These Acts are framed for the purpose of enabling a purchaser for value, or mortgagee of freehold, or leasehold land, to carry out his purchase or charge solely on the faith of the entries on the regi...
-(2.) Difficulties arising on first registration in a compulsory area
Under s. 20 of the L. T. Act, 1897, a purchaser of land in a compulsory area is not under his conveyance, as there defined, to acquire the legal estate unless or until he is registered as proprietor. ...
-(3.) Principal provisions in the Acts and Hides affecting vendors and purchasers of registered land
A purchaser of registered freeholds acquires the land under ss. 29 - 33 of the L. T. Act, 1875, or some of them, while a purchaser of registered leaseholds acquires the land under ss. 34 and 35 of the...
-A Selection of Recent Law Works Published By Stevens & Sons, Limited
119 & 120, Chancery Lane, London, W.c.2. A Discount of 20 per cent. off all new Books (except where marked net) for Cash with Order. (Carriage or Postage extra.) Complete Catalogue of New and Second...
-A Selection of Recent Law Works Published By Stevens & Sons, Limited. Continued
Lieck and Morrison's Criminal Justice Acts, with Explanatory Notes. - Second Edit. 1927. Net, 12s. 6d. Roscoe's Evidence and Practice in Criminal Cases. Fifteenth Edit. By A. Hawke. 1928. 21. 12s. 6...









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