This section is from the book "Dart's Treatise On The Law And Practice Relating To Vendors And Purchasers Of Real Estate", by J. Henry Dart . Also available from Amazon: A treatise on the law and practice relating to vendors and purchasers of 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 treating of the exceptions from the general rule.
Incapacities to sell or buy may be considered as being of two descriptions: 1st, such as depend on some circumstance personal to the proposed vendor or purchaser, and affecting his general capacity to buy or sell any real estate whatsoever; and, 2ndly, such as depend on the relation in which he stands to the particular property about to be sold or bought, or to the party with whom he intends to deal.
Incapacities to sell or buy are general or relative.