Observations on the Code for Real Property Proposed by James Humphreys, Esq
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Observations on the Code for Real Property Proposed by James Humphreys, Esq

Observations on the Code for Real Property Proposed by James Humphreys, Esq


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1827. Excerpt: ... lowed in their full effect; but many of the ancient conveyances having degenerated into mere names, the claiming for a mere formal writing the effect of those ancient acts of conveyance, has met with opposition from a high authority; and inCo.Litt.sso6. conformity with the spirit of the law, a continuance in possession has been adjudged as the criterion of ownership. But in opposition to the sense of right and ancient law, which has directed the opinion alluded to, the, outstanding term" continues to have effect, though it is distinct from the actual beneficial possession. "Aten. v--nlaw, every term of years in a trustee is a term in gross." Aud such construction is strictly followed in conveyances, by assigning the terms by separate deeds from those containing the limitations of the beneficial estates, in order ibid. $ 3. that the party beneficially entitled may not be opposed by the title of his trustee: so that, in effect, there are two legal titles existing at the same time, which are, indeed, reduced to one, if the deed by which the term was assigned to the trustee be produced. Yet these terms are Co.Litt.290 ..... - Butler' note, said to be a restraint upon trusts, reference to s. courts of common law being compelled, by means of the legal estate in the assignee of the term. When such an intention can be frustrated by so. simple a device as the foregoing, this argument in favour of outstanding terms will lose its force. Upon the whole, what has last preceded may not be inconsistent with the doctrine laid down as follows, in support of these terms, by Mr. Sugden: sugden-s ven-- A term for years, assigned to attend the inheritance, ought not to be presumed to be surrendered, unless there has been an enjoyment inconsistent with th...


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Product Details
  • ISBN-13: 9780217187084
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 20
  • Spine Width: 1 mm
  • Width: 189 mm
  • ISBN-10: 0217187080
  • Publisher Date: 06 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 54 gr


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