The Law Library Volume 5 by Books Group at Bookstore UAE
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The Law Library Volume 5

The Law Library Volume 5


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: more, every one shall be said to be seised of his or her part, and to present in his or her turn. If, on partition between coparceners, a whole advowson be allotted to the youngest, she alone shall present, (e) And if the partition be avoided, they may afterwards present in turn, or by compOsi- r, tion.(/) I ls I In the instance above-mentioned, ) of the allotment of an advowson appendant to one parcener, and the manor to another, it seems that the partition affected the right and inheritance, as well as the possession, and that before the statute of Anne .(A, ) With regard to the effect of partition on an existing warranty, it is to be observed, that if lands are conveyed with warranty to several their heirs and assigns in joint-tenancy, and they make partition by deed, the warranty is extinct for ever, because though they are compellable to make partition, yet it is only in the mode prescribed by the statute H. But on the other hand, if partition is made between them by judgment in writ of partition under the statute, the warrant remains; because they are compellable by the statute, (to which every man is a party) to make partition; and, having pursued their remedy according to the statute, it shall work no wrong to them.(A) But if coparceners with warranty make partition, the r ... -i warranty remains, because they are compellable to make par- ' ' ' tition.(/) In some cases, a partition may operate as an estoppel to the parties making it so as to prevent either from impeaching the title of the other. For instance, suppose husband and wife, tenants in special tail, have issue a daughter; the wife dies, the husband by a second wife, has issue another daughter; both the daughters enter (the eldest alone being of course inheritable) and make partition. Th..


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Product Details
  • ISBN-13: 9780217391917
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 270
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 0217391915
  • Publisher Date: 15 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 485 gr


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