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60

ADVANCEMENT-(continued.)

Page
Possession taken by the father, where the child is an infant,
does not alter the construction

61
Nor where the child is adult, semble

63-65
Title of the wife or child not defeated,

by an attempted disposition by the husband or father 08
by his subsequent insolvency or bankruptcy, provided he
'were solvent at the time of purchasing

72
Contra, if he were not in solvent circumstances 68-72
Child's title by survivorship, where a purchase is made in

the joint names of himself and father, voidable by the fa-
ther's creditors generally

65-66
Purchase in a child's name not being wholly paid for in the
father's life-time, his assets liable to pay the remainder 58

The presumption of intent to advance rebutted,
where the child has already been provided for ib.
A previous gift to the child of a dry reversion not

a provision within the meaning of this rule 59
where a purchase is made by two persons in the
name of a child of one of them

57, n. (f.)
where nominee is a grandchild (unless the father be
dead), or nephew, or more remote relation

57
where the father expressly declares by a writing

contemporaneous with the purchase that the child

is only a trustee
where, on grant of a copyhold for lives successive,

the child's name is inserted as a nominee, and the
father obtains at the same time a licence to make
beneficial leases, or surrenders to the use of his
wil]

61
See ADEMPTION
ADVOWSONS.

To writs of right of advowson no bar less remote than the
reign of Henry III.

291
Grant or conveyance of an advowson presumed in support

of a title evidenced by several successive presentations 292
AGREEMENTS FOR PURCHASE.

Specific performance of an agreement for purchase not en-
forced unless acted on with diligence

415-418
It is immaterial whether the delay occurs before or after

steps taken towards completing the agreement,—wheth-
er or not a deposit has been made,-that the defendant
has been in prison, and plaintiff unable to find him,-or
that the agreement or other material papers have been
mislaid

416
The rule more inflexible, where the purchaser's delay has

been for his own accommodation, where the estate con-
tracted for, being in reversion at the time of sale, has
fallen into possession,—or where the sale was made for
the purpose of paying off incumbrances

419

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AGREEMENTS FOR PURCHASE-(continued.)

Page
Where the delay has not been wilful, being the consequence

of difficulties in the title, or is attributable to the oppo-
site party, specific performance not denied

419-421
ALIEN.

Presumptions not made of deeds of conveyance or grant to
aliens

15
ANNUITIES.

where grantor of an annuity bequeaths to the grantee an
annuity of like amount, it satisfies the former

104
Contra, if not payable equally soon

109
Annuity, not demanded nor acknowledged for twenty years,
presumed to have been released or satisfied

367
If the release or satisfaction of an annuity long unpaid
cannot be presumed, all the arrears may be recover-

368
Annuity open to impeachment under the Annuity Acts set

aside, notwithstanding long delay, where the defect pro-
ceeds from a culpable disregard of the Acts, or where in-
equitable advantage has been taken of the grantor 443
Contra, semble, where the defect is merely an inaccurate
performance of some of the acts or conditions prescrib-
ed, and is capable of satisfactory explanation,-espe-
cially if the agents and witnesses are dead 443-444

See PIN-MONEY.
APPROPRIATION.

Right to reclaim and appropriate land not acted on within a
reasonable time, presumed to be abandoned

400
APPROVEMENT.

Right of making approvements presumeď to have been re-

served, where the lords of a manor have been immemori-

ally accustomed to make approvements of the waste 316
ASSENT

Assent of executor to a bequest presumable after long enjoy-
ment, semble

267
Slight circumstances generally enough to testify assent
to a legacy

ib.
Assent of commoners to inclosure of the common presumed
after long acquiescence

ib.
Assent of the lord or of a particular land-owner to an agree-

ment entered into by his bailiff for inclosing a common,
presumed after long acquiescence

267, 439
See HUSBAND AND WIFE.
ASSIGNMENT.
Mesne assignments of a lease presumed

• 208
ASSURANCES.
Assurances of record presumed

See DEEDS.
BARGAIN AND SALE.

Bargain and sale for a year presumed, semble, where - 201—203

6, n.

ibu.

197,

BILLS IN EQUITY.

Page
Bills of revivor cannot be brought after six years

447
Bill of review does not lie after twenty years

ib.
Supplemental bill must be filed within a reasonable time. ib.
BOND.

Bond on which interest has not been paid for twenty years,
presumed to have been satisfied

361
So, although the time does not amount to twenty years, if
there are auxiliary circumstances raising a presumption of
payment

362-363
Although the debt is acknowledged not to have been satisfi-

ed, yet non-payment of interest, with other circumstances,
may raise the presumption of a release

864
The presumption of satisfaction does not arise,
where the debt has been acknowledged, or interest
has been paid, within twenty years

365
where the obligor has been in extreme poverty, or
has been abroad

366
where the obligee has been out of the kingdom
BOOKS OF ENTRIES, ACCOUNTS, &c.

Books of the steward of a manor secondary evidence of sur-
renders, &c., minuted therein

261
Attorney's books of account secondary: evidence of deeds

and other writings charged for, and of their having been
executed

198
Books of account, of a man-midwife secondary evidence of
time when a child was born

- 270
CHARGES. See CREDITORS. EXONERATION.
CHURCH.

Grant or conveyance not presumed from twenty years' en-
joyment, if in prejudice of the rights of the church

15
COMMON.

Consent to enclosure of a common presumed after long ac-
quiescence -

· 267, 439
COMMONABLE RIGHTS.

Tenants of a manor prima facie entitled to right of common 31
Grant of rights of common presumed from twenty years' en-
joyment

299, 300
The presumption rebutted by proof of the other com-

moners' ignorance of the user, or where the user has
arisen pur cause de vicinage

15, 300-301
Title to rights of common lost by long non-user

- 301
COMPLIANCE.

Compliance with the requirements of law necessary to esta-
blish a right or title, presumed, where

264--265
CONDITION.

Performances of conditions essential to the vesting or deter-

mining of rights and interests, presumed, where 264–265
CONFIRMATION.

Confirmation by patron and ordinary of conveyance by in-

26–27,

266

CONFIRMATION.-(continued.)

Page
cumbent of a living of parcel of the glebe presumed after

long enjoyment -
Confirmation by partron and ordinary of agreement made by

incumbent for vesting the right of presentation to a chap-
el of ease in a person making an endowment, presumed
after repeated presentations by that person

ib,
Contra, if the organ of the asserted right appears, and
is invalid

ib.
Confirmation of an agreement made by incumbent for re-
ceiving a modus in lieu of tithes presumed from immemo-

ib.
CONSENT. See ASSENT.
CONVEYANCE. See Deed.
COPY.

Ancient copy of a deed, attested or unattested, or a copy

enrolled for safe custody, secondary evidence of such
deed -

196

rial usage

Ancient copy of admittance to a copyhold evidence of the

admittance

197
Ancient copy of exemplification of a recovery evidence of such
recovery

· 199
CORPORATION.

Grant or conveyance of land to a corporation not presum-
able

15
COUNTERPART,

ART.
Counterpart of a deed secondary evidence of it

197
COVENANTS FOR FAMILY PROVISIONS.
Distinction between performance and satisfaction of

80
Covenant to leave a sum of money to a person, who becomes

entitled to a distributive share of covenantor's personal
estate on his intestacy, performed or performed pro tanto,
by receipt of such distributive share

81
Slight variations in the circumstances of the provisions
do not alter this construction

83
Covenant to leave or pay a certain sum to a wife or child

presumed to be satisfied by an equivalent provision under
a will or settlement

85
This presumption rebutted,
if the actual provision is less than that covenanted to
be made

86
if it is dissimilar in kind, in quantity of interest, or in
certainty -

87
if it does not commence so early in benefit, or results
from a different motive

88
where evidence (though parol) exists of the real in-
tention

89
Covenant to settle, or to purchase and settle land, fulfilled
by an act between performance and satisfaction,

where covenantor purchases land, but dies without

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93

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COVENANTS FOR FAMILY PROVISIONS—continued.) Page
making the settlement

90, 91
it is immaterial in this case whether the land de-
scends to the person entitled under the covenant

a stranger
nor does a devise of the land to a stranger defeat

the right of the party, semble
where covenantor makes a purchase in the name of the
object to be provided for

ib.
where covenantor pays off encumbrances on an estate

previously settled on the person to be provided for ib.
The rule obtains,

although the purchase is not of the value required 95
though there is a trifling departure from the pre-

scribed mode of purchasing; as by neglecting to
obtain the consent of trustees, &c.

95—96
notwithstanding a mortgage is suffered to remain on

the estate purchased, or the estate is mortgaged at

the time for money to complete the purchase 96-97
or the covenantor had an option, which was not ex-

ercised, to settle a rent-charge instead of land 97
The rule does not hold,
where the purchased estate is not ejusdem generis

with that mentioned in the covenant, or is not adap-
ted to the ends of the settlement

97-100
where it is reversionary or dependent on a contin-
gency

99
where covenantor afterwards mortgages the estate 101
Covenant to purchase and settle land not a lien on land be-

longing to covenantor at the time, or which afterwards de-
scends or is given or devised to him

91, n.
Whether a covenant to convey and settle binds an estate in
the covenantor's seisin, quere

91, n.
Covenant to settle land presumed to be satisfied where cove-

nantor, either possessing land at the time, or afterwards
acquiring land by descent, devise, or settlement, allows it
to descend, or gives it by deed or will, to the object to be
provided for

94
This presumption rebutted,
where the land given or suffered to descend is inferior
in value to what the covenant engages for

95
where the land is not of a nature calculated to fulfil
the intention

97-99
or differs in quality or quantity of interest

99
or is given for a distinct cause

100
The presumption may be rebutted by parol evidence of
intention

101
COVENANTS FOR RENEWAL.

Specific performance of a covenant to renew a lease refused,

if covenantee neglects for however short a time after the

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