An Essay on Marketable Or Doubtful Titles to Real Estate

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J.S. Littell, 1838 - 334 páginas

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Página 23 - ... or any interest in or concerning them ; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Página 317 - ... (that is to say,) the period during which two persons in succession shall have held the office or benefice in respect whereof such land or rent shall be claimed, and six years after a third person shall have been appointed thereto, if the times of such two incumbencies and...
Página 60 - These contracts are merely upon condition frequently expressed, but always implied, that the vendor has a good title. If he has not, the return of the deposit, with interest and costs, is all that can be expected.
Página 195 - Every proprietor, who claims a right either to throw the water back above or to diminish the quantity of water which Is to descend below, must, in order to maintain his claim, either prove an actual grant or license from the proprietors affected by his operations, or must prove an uninterrupted enjoyment of twenty years...
Página 78 - But, farther, unless the inadequacy of price is such as shocks the conscience, and amounts in itself to conclusive and decisive evidence of fraud in the transaction, it is not itself a sufficient ground for refusing a specific performance...
Página 317 - ... unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing.
Página 195 - ... been actually taken and enjoyed by any person claiming right thereto without interruption for the full period of thirty years...
Página 275 - If a party dealing with an executor for the personal " assets pays his money to the executor, so that it may be " applied to the purposes of the will, he is not responsible " for the executor's misapplication of it ; but if in dealing " with the executor, he does in truth pay his money for " the private purposes of the executor, he is equally a party " to the breach of trust, whether he applies his money to " the private debt of the executor, or to the private trade
Página 318 - Right to have existed from time immemorial, it shall be sufficient to allege the enjoyment thereof as of right by the occupiers of the tenement in respect whereof the same is claimed for and during such of the periods mentioned in this Act as may be applicable to the case, and without claiming in the name or right of the owner of the fee, as is now usually done...
Página 28 - Now it has alLJ ways been considered that the payment of money is not to be deemed part performance to take the case out of the statute. Seagood v. Meale(u,) is the leading case on that subject; there a guinea was paid by way of earnest, and it was agreed clearly that, that was of no consequence in case of an agreement touching...

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