On Conveyancers' Evidence |
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Common terms and phrases
act of bankruptcy actual affidavit antient appear apprehend assignment attested copies attorney bargain and sale bound certificate chancery chaser claim common common law constructive notice contract convey conveyance copyhold court of chancery court of equity covenant to produce creditors custody death debts declaring delivered dence documents dower duly endorsed enfranchisement enrolment entitled equity evidence execution executor feoffment freehold gavelkind grant grantor heir incumbrances insist inspect interest intestacy judgment lands lease lease and release legal estate lessor lien Lord Lord Eldon manor marriage ment mortgage necessary notice objection observable original parish party pedigree person plaintiff possession presumed presumption probate produce the deeds proof prove purchaser question recital record recovery registry release remedy require requisite rolls seal seisin shew shewn solicitor stamp statute statute of frauds tenant thirty years old tion title-deeds trustee unless usually valid vendor veyance
Popular passages
Page 93 - Kent, or the custom of any borough, or any other particular custom, shall be in writing, and signed by the party so devising the same, or by some other person in his presence and by his express directions, and shall be attested and subscribed in the presence of the said devisor by three or four credible witnesses, or else they shall be utterly void and of none effect.
Page 94 - Car. 2, c. 3, s. 6. provides that " no devise in writing of lands, tenements, or hereditaments, nor any clause thereof, shall at any time after the said 24th day of June, be revocable, otherwise than by some other will or codicil in writing, or other writing declaring the same, or by burning, cancelling, tearing, or obliterating the same by the testator himself, or in his presence, and by his directions and consent...
Page 244 - ... commission, shall be valid, notwithstanding any prior act of bankruptcy by him committed...
Page 294 - The whole goes upon that: declarations in the family, descriptions in wills, descriptions upon monuments, descriptions in Bibles, and registry books, all are admitted upon the principle, that they are the natural effusions of a party, who must know the truth; and who speaks upon an occasion, when his mind stands in an even position, without any temptation to exceed or fall short of the truth.
Page 296 - ... encountered by such evidence as proves, to the satisfaction of those who are to decide the question, that such sexual intercourse, did not take place at any time, when, by such intercourse, the husband could, according to the laws of nature be the father of such child.
Page 247 - That no purchase from any bankrupt bona fide and for valuable consideration, where the purchaser had notice at the time of such purchase of an act of bankruptcy by such bankrupt committed, shall be impeached by reason thereof, unless a fiat or petition for adjudication of bankruptcy shall have been sued out or filed within twelve months after such act of bankruptcy.
Page 197 - Rowles 8, the judges held, that in the case of a chose in action, you must do every thing towards having possession which the subject admits : you must do that which is tantamount to obtaining possession, by placing every person, who has an equitable or legal interest in the matter, under an obligation to treat it as your property. For this purpose, you must give notice to the legal holder of the fund ; in the case of a debt, for instance, notice to the debtor is for many purposes tantamount to possession.
Page 198 - In cases like the present, the act of giving the trustee notice is, in a certain degree, taking possession of the fund : it is going as far towards equitable possession as it is possible to go ; for, after notice given, the trustee of the fund becomes a trustee for the assignee who has given him notice.
Page 305 - Houses, in time of necessity, by the Presbyter or Minister of the Parish, or any other lawful Presbyter or Minister that can be procured. The Pastors and Curates shall often admonish the people, that they defer not the Baptism of Infants any longer than the Sunday, or other Holy -day, next after the Child be born, unless upon a great and reasonable cause declared to the Curate, and by him approved.
Page 198 - ... to give notice; for they are the consequences which, in the experience of mankind, usually follow such omissions. To give notice is a matter of no difficulty: and whenever persons, treating for a chose in action, do not give notice to the trustee or executor, who is the legal holder of the fund, they do not perfect their title; they do not do all that is necessary in order to make the thing belong to them in preference to all other persons; and they become responsible, in some respects, for the...