Sivut kuvina
PDF
ePub

No. VI.

ner herein before appointed for payment of the same, according to the true intent and meaning of these presents; and also, that the said John Smith that he has now hath in himself good right and absolute authority by these presents to right to asappoint and release, or otherwise assure the said messuage, hereditaments, sure; and premises to the use of the said Charles Green, his heirs and assigns, forever, in manner aforesaid, and according to the true intent and meaning

ces;

ance.

of these presents; And also, that (subject to the declaration and agree- for quiet enment hereinafter contained) it shall be lawful for the said Charles Green, joyment; his heirs and assigns, from time to time, and at all times forever hereafter, peaceably and quietly to enter into or upon, and hold and enjoy the said messuage, hereditaments, and premises, and every part of the same, and to receive and take the rents and profits of the same, without any interruption or denial whatsoever, from or by the said John Smith, or any other person or persons whomsoever; and that free and clear from all charges and encum- free from all brances whatsoever; And also, that the said John Smith and his heirs, and incumbranevery person whosoever having any estate, right, title, or interest, at law and for furor in equity, in, to, upon, or out of the said messuage, hereditaments, and ther assur premises, or any part thereof, will, at any time or times hereafter, upon every reasonable request of the said Charles Green, his heirs, executors. administrators, or assigns, and at the costs and charges of the said John Smith, his heirs or assigns, until the said hereditaments and premises shall have been sold and conveyed under the power of sale herein before contained, or the right or equity of redemption therein shall be released, barred, or extinguished, and thenceforth at the costs and charges of the said Charles Green, his heirs or assigns, make, do, execute, and perfect every such lawful act, deed, appointment, conveyance, or assurance in the law whatsoever, for more effectually or satisfactorily limiting, appointing, releasing, confirming, or otherwise assuring the said messuage, hereditaments, and premises, and every part of the same, to the use of the said Charles Green, his heirs and assigns, forever, or as he or they shall direct, according to the true intent and meaning of these presents, as by the said Charles Green, his heirs or assigns, or his or their counsel in the law, shall be reasonably advised and required. Provided also, and it is hereby further declared and agreed, Proviso for by and between the said parties to these presents, and particularly the said quiet enjoyCharles Green, for himself, his heirs, executors, and administrators, doth mortgagor hereby covenant with the said John Smith, his heirs and assigns, that, un- until default til default shall be made in payment of the said sum of £900, or the interest thereof, or any part of the same respectively, contrary to the true intent and meaning of the proviso or agreement for redemption herein before contained, it shall be lawful for the said John Smith, his heirs or assigns, to hold and enjoy, and to receive and take the rents and profits of, the said messuage, hereditaments, and premises, without any interruption or denial whatsoever of or by the said Charles Green, his heirs, executors, administrators, or assigns, or of or by any person or persons rightfully claiming or to claim by, from, under, or in trust for him or them, any thing herein before contained to the contrary notwithstanding. En witness whereof, the said parties hereto have set their hands and seals, this 1st day of March, 1844.

Signed, sealed, and delivered by
the above-named John Smith
and Charles Green, in the pres-
ence of

Robert Brown.
William Scott

ment by

INDEX.

ABANDONMENT of right gained by pre- | Alien-(continued).

scription, 9, n, 264, n.

Abbey lands, exemption of, from tithes, 32.
Abeyance of the freehold, 107.

Abstract of a fine, 351, App. 530.

Acceptance of bills, 468.

Accession, title by, 404.
Accumulation of income, 174, n.

Acknowledgment of feme covert's deed,
364, n.

Act, private, 344.

Action, limitation of right to bring, 266, n.
popular, 437.

what rights of action may not be alien-
ed, 290.

[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

denization and naturalization, 249.
enemy, prize of goods of, 401.
Alienation, history of the right to alien, 287
fines for, 71.

who may alien and to whom, 290.
restraint on, allowed in favor of a mar-
ried woman, 434, n.

of rights of action, &c., 290.
different modes of, 293.
by deed, 295.

by devise, 373.

by special custom, 365.
by matter of record, 344.
forfeiture by, 268.

Allegiance, origin of oath cf, 53, n.
Allodium, derivation and nature of, 45, 47,
52, n., 60, 105.

Alluvion, title to, 261.

Almanac, the crown has no right to grant
a monopoly of, 410, n.

Alteration of deeds, 308.
Ambiguity, latent, 382, n.

Anatomy, offense of stealing bodies, 429.
Ancestors, 203, 209.

Animals, property in, 5, 389, 390, 402.
Animus revertendi, 392.
Annuities, 40.

writ of annuity, 41, n.

may be granted in fee or in tail, 41, n.,113
apportionment of, 43, n.

[blocks in formation]
[blocks in formation]

Assumpsit, consideration to support, 443. Beneficia, 52, n.

Assurance. See "Insurance."

Assurances, common, 29.

covenant for further, App.

Attainder, escheat on, 251, 290.
dower of felon's wife, 253.
Attestation of deed, 307.
royal attestation, 308.
of wills, 376, 501.

Attorney to deliver seizin, 315.
Attornment, 72, 290.

wrongful, a forfeiture, 275.
Autre droit, 177.

Autre vie, 120. See "Estate."
Average, the word, 460, n.

general and particular, 460, n.

Averium, 424.

Avulsion of land, 261.

BAILIWICK, 38.

Bailment, 295, 451, et seq.

Bank of England, privileges of, 468, n.
Bank notes, smail notes prohibited, ib.
notes of banking companies, ib.
Banker's check, 466, n.

Bankers, restrictions in banking compa-
nies, 468, n.
Bankrupt, the word, 472.

promise to pay by, after certificate,
must be in writing, 466, n.
Bankruptcy, 271, et seq., 488, n.
Roman law of, 472, 483, n.

bankrupt formerly treated as an offend-

er, 471, n.

[ocr errors]

confined to traders, 473, 474.

what is a trading, 476, 488, n.

feme covert, 477, 488, n.

Bequest. See "Will."
"Beyond seas," 266, n.
Bill for patent, 346.

Bill of exchange and promissory note
466, et seq.

consideration for, 446.
foreign and inland, 467.

for what amount legal, 468.
assignment of, ib.

acceptance, protest, presentment for
payment, days of grace, 141, n., 469
notice of dishonor, 470.

stamp, 469.

action on, 470.

interest on, 463, n.

Bill of lading, 449, n.

Bishop, crown entitled to hounds of, on

his death, 413.

mortuary to crown on death of, 426.
Black mail, 43.
Blanch rent, ib.
Blench-holding, ib.

Blood, corruption of, 251.
half, 227.
Bocland, 48, n., 90.

Bodies, remedy for stealing, &c., 429.
Bona notabilia, 509.
Bonds, 340, App.

how far a charge on land, 340.
effect of illegal or impossible condition
340.

the whole penalty not always recover
able, 341.

to resign a living; when legal, 280.
Books, copyright in, 405.
Borough English, 83.

petitioning creditor's debt, 475, 488, n. Borrowing, 453.

act of bankruptcy, 477, 488, n.
proceedings on, 479, 488, n.

assignees' title to estate and property
of bankrupt, 285, 485, 488, n.
reputed ownership by bankrupt, 488, n.
what dealings, &c., are protected, 286, n.
dividend, 487, 488, n.
priorities of creditors, ib.

mutual credit and set-off, 487, n.
securities held by creditors, ib.
landlord's rent, 487.

interest, ib.

Court of Bankruptcy, 488, n.

contingent debts, 488.

superseding commission, ib.

Court of Review, ib.

for a year, 339, App. 521.

Wife."

Bargain and sale, 338.

Botes or estovers, 35, 122.
Bottomry, 457, 461..
Brevia testata, 307.
Burgage tenure, 82.

CALENDAR, new style, 140, n.
Cancellation of deed, 309.
of will, 503.

Canon law, degrees of consanguinity, 206.
Capacity to purchase or convey, 290.
Capita, distribution per, 517.

Capite, tenure in, 60.

ut de coronâ, and ut de honore, 60, n.
Captives, 402.

Cart-bote, 35.

Carriers, special and general, 453, n.
liabilities of, ib..

lien of, ib.

Baron and Feme. See "Husband and Castle, what, 19, n.

Cattle gates, 34, n.

2.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small]

Chattels, real and personal, 143, 384. See Consanguinity, degrees of, 202, 206.

[blocks in formation]

estates. See "Estate."

Check, banker's, 466, n.

Chevisance, the word, 474.

Chief rent, 42.

Chirograph, 296, App.

Chivalry, tenure in, 61. See "Tenure.”
Chose in action, 396, 442.

bills and notes are assignable, 468.
Church, title to pews in, 429.
Civil death, 121, 257.

Civil law, degrees of consanguinity ac-
cording to, 206.

Clergyman, mortuary to bishop on death
of, 426.

when prohibited from hunting, 412.
Close writs and rolls, 346.
Coat of arms, 306.

Codicil, 500.

Cognati, 235.

Cognovit, effect of insolvency, 488, n.
Cognizor and cognizee, 341, 350.
Collateral consanguinity, 204, 220.
Collatio bonorum, 517.
Colleges, leases by, 322.
Colonization, right of, 7
Commendation, 52, n.

Commission in bankruptcy, 480, 488, n.
Common, estate in, 191, 399. See "Es-

tate.

[ocr errors]

right of, 32, et seq., 263, 266, n.
approvement and inclosure of, 34.
remedy, when lord plants trees, 34, n.
of piscary, 34, 39, 40.

of turbary, 34.

of estovers, 35.
Common assurances, 294.

Common law, preference of operation of

a deed by, 379, n.

Community of property still subsists in
some things, 14.

Company for banking, restrictions on,
468, n.

Composition with creditors, 484.
Condition, 17, n., 110, 299.

distinguished from a remainder and a
conditional limitation, 156, 175, n.
estates upon, 152.

implied or express condition, 152, 154,
299.

precedent or subsequent, 154.
in deed and in law, 155.
effect of breach, 156, 281.
impossible or illegal, 156, 340.

collateral, 204.

Conscience, nature of, 8, n.

Consideration for a contract, 443, 468.

in a deed, 296.

different kinds of, 444.
inadequacy of, 444, n.

Construction of deeds and wills, 115, 297,
et seq., 379, et seq.

Contingent remainders, 169. See "Re-
mainder."

conveyance of, 290, n., 354.
uses, 334.

legacy, 513.

Contracts, 442, et seq.

are either special or parol, 296, n., 446,
465.

when to be in writing, 306, n., 442, 447.
partial execution, 447.

signature by one party only, 442.
parol evidence to explain, vary, or con
tradict writings, 382, n.

how waived by parol, 382, n.

express or implied, 443.
executed or executory, ib.
consideration to support, 296, n., 443
improvidence of, 444.

nudum pactum, 445.

four kinds of, 446. See "Bailment,”

[ocr errors]

66

99 66

Borrowing, Debt," "Exchange,1
Hiring, ""Sale."

[ocr errors]

for sale of goods, to be created at a fu.
ture time, 449, n.

Conveyances, origin and history of, 9, 287.
attornment, 290.

who may convey, and to whom, ib.
to a corporation, ib.

kinds of, 294, 309, et seq.
writing essential to, 297.
when to be signed, 306, n.
by deed, 295.

lease and release, 339.
innocent, 339, n.

at the common law, or under the Stat
ute of Uses, 309, 337.

by matter of record, 344.

of freehold, 311, et seq.

of contingent remainder, 290, n., 354.
of incorporeal hereditaments, 317.
resulting use, 296, n.
fraudulent, 296.

Coparceners, 187. See "Estate."
Copyhold, 90, 95, 147.

varieties of tenures by custom, 148.
tenant right of renewal, 148, n.

« EdellinenJatka »