The Conveyancer

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G. Wilson, 1822 - 440 стор.
 

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Сторінка 378 - But where where acts are done or omitted by the owner of the inheritance, and persons dealing with him as to the land, which ought not reasonably to be done or omitted, if the term existed in the hands of a trustee, and if there do not appear to be any thing...
Сторінка 271 - Woodford, and the survivors and survivor of them, and the heirs and assigns of such survivor, do...
Сторінка 377 - ... right appear to have existed in ancient times, a long forbearance to exercise it, which must be inconvenient and prejudicial to the owner of the house or close, may most reasonably be accounted for, by supposing a release of the right. In the first...
Сторінка 377 - One of the general grounds of a presumption, is the existence of a state of things, which may most reasonably be accounted for, by supposing the matter presumed.
Сторінка 376 - ... of presumption in favour of such owner. But this proposition appears to be too extensively laid down. One of the instances in which it has been said that a surrender shall be presumed, is the case of a mortgagor setting up a term against his own mortgagee, and this is said generally, and without distinction, between a mortgagee in fee or for years. But if such a term be set up against a mortgagee for years, and a surrender presumed, the presumption is made against, and not in favour of the owner...
Сторінка 380 - Ves. jun. 246, and the cases there cited. These observations respecting the settlement and the mortgage, receive additional force from the consideration of their dates. They were both long subsequent to the judgment, and they are the acts of a person materially interested in protecting the land from the judgment, and excluding all questions on the subject of priority or otherwise in the case of the settlement, for the sake of his intended wife, and the issue that he...
Сторінка 378 - But where acts are done or omitted by the owner of the inheritance, and persons dealing with him as to the land, which ought not reasonably to be done or omitted, if the term existed in the hands of a trustee, and if there do not appear to be any thing that should prevent a surrender from having been made, in such cases the things done or omitted may most reasonably be accounted for, by supposing a surrender of the term ; and, therefore, a surrender may be presumed.
Сторінка 390 - I would not [ *5b6 ] *have directed a jury to presume a surrender of the term in that case; and, for the safety of the titles to the landed estates in this country, I think it right to declare that I do not concur in the doctrine laid down in that case.
Сторінка 272 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...
Сторінка 384 - ... very case. Here the deeds were handed over to the mortgagee before the settlement and conveyance, which accounts for the term not having been mentioned in those securities. The circumstance of the deed having been scheduled and handed over to Markwick shows that the term had not been surrendered. The (*)learned Judge directed the jury to find a verdict for the plaintiff. The jury found that the term was subsisting, and reserved any question of law. In Trinity term 1820 the defendant moved for...

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