Lectures on the Study and Practice of the Law; Delivered in the Law School of Harvard University
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Lectures on the Study and Practice of the Law; Delivered in the Law School of Harvard University

Lectures on the Study and Practice of the Law; Delivered in the Law School of Harvard University


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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. 1871 Excerpt: ...intention, it should be clearly so expressed; while if such is not his intention, the recital in the deed, for the sake of his security, should as clearly leave an election of paying it on his part. It should be borne in mind by the conveyancer, that the covenants in a deed are no part of the act of passing a title by it, and are only designed to guarantee or protect the title which the granting part of the deed has assumed to convey. This has an important bearing upon the effect of covenants entered into in deeds where the grantors act in an official capacity, as executors, administrators, guardians, and the like, who are empowered by license of courts or the instruments creating the trusts to convey the lands of other persons. The same rule applies in case of agents undertaking to act for their principals, who exceed their authority. They make themselves personally liable for whatever they undertake beyond the scope of their authority. Thus, where an administrator, authorized to convey lands, entered into covenants in the deed that his intestate was seised of the same, and that he, "as administrator," would warrant and defend the title, and the same turned out to be defective, it was held that he was personally liable to make good the warranty; because, as administrator, he had no power or authority to enter into such covenant.1 And where a guardian of a minor signed a note "as guardian of A. B.," it was held that he thereby bound himself personally.2 i 8 Mass. 162, 189. 2 6 Mass. 58. I Much that I have said of deeds applies equally to leases. Different States have different laws as to requiring leases to be under seal, in order to be effectual. The same is true as to their being recorded. It is often difficult to construe a contract b...


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Product Details
  • ISBN-13: 9781232275374
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 78
  • Spine Width: 4 mm
  • Width: 189 mm
  • ISBN-10: 1232275379
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 154 gr


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Lectures on the Study and Practice of the Law; Delivered in the Law School of Harvard University
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