ADVANCEMENT-(continued.)
Possession taken by the father, where the child is an infant,
does not alter the construction Nor where the child is adult, semble Title of the wife or child not defeated,
by an attempted disposition by the husband or father by his subsequent insolvency or bankruptcy, provided he were solvent at the time of purchasing
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 Purchase in a child's name not being wholly paid for in the father's life-time, his assets liable to pay the remainder The presumption of intent to advance rebutted, where the child has already been provided for A previous gift to the child of a dry reversion not a provision within the meaning of this rule where a purchase is made by two persons in the name of a child of one of them where nominee is a grandchild (unless the father be dead), or nephew, or more remote relation 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 will
To writs of right of advowson no bar less remote than the reign of Henry III.
Grant or conveyance of an advowson presumed in support of a title evidenced by several successive presentations 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
AGREEMENTS FOR PURCHASE 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
Presumptions not made of deeds of conveyance or grant to aliens ANNUITIES.
where grantor of an annuity bequeaths to the grantee an annuity of like amount, it satisfies the former Contra, if not payable equally soon
Annuity, not demanded nor acknowledged for twenty years, presumed to have been released or satisfied
If the release or satisfaction of an annuity long unpaid cannot be presumed, all the arrears may be recover- ed 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 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 See PIN-MONEY.
Right to reclaim and appropriate land not acted on within a reasonable time, presumed to be abandoned APPROVEMENT.
Right of making approvements presumed to have been re- served, where the lords of a manor have been immemori- ally accustomed to make approvements of the waste
ASSENT. Assent of executor to a bequest presumable after long enjoy- ment, semble
Slight circumstances generally enough to testify assent to a legacy
Assent of commoners to inclosure of the common presumed after long acquiescence
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
Bargain and sale for a year presumed, semble, where 201-203
Bills of revivor cannot be brought after six years
Bill of review does not lie after twenty years Supplemental bill must be filed within a reasonable time.
Bond on which interest has not been paid for twenty years, presumed to have been satisfied So, although the time does not amount to twenty years, if there are auxiliary circumstances raising a presumption of payment
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 The presumption of satisfaction does not arise, where the debt has been acknowledged, or interest has been paid, within twenty years
where the obligor has been in extreme poverty, or
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
Attorney's books of account secondary evidence of deeds and other writings charged for, and of their having been executed:
Books of account, of a man-midwife secondary evidence of time when a child was born
CHARGES. See CREDITORS. EXONERATION. CHURCH.
Grant or conveyance not presumed from twenty years' en- joyment, if in prejudice of the rights of the church
Consent to enclosure of a common presumed after long ac- quiescence -
Tenants of a manor prima facie entitled to right of common Grant of rights of common presumed from twenty years' en- joyment
The presumption rebutted by proof of the other com- moners' ignorance of the user, or where the user has arisen pur cause de vicinage
Title to rights of common lost by long non-user COMPLIANCE.
Compliance with the requirements of law necessary to esta- blish a right or title, presumed, where 26-27, 264-265
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-
CONFIRMATION.-(continued.) 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
Contra, if the organ of the asserted right appears, and is invalid
Confirmation of an agreement made by incumbent for re- ceiving a modus in lieu of tithes presumed from immemo- rial usage CONSENT. See AssEnt. CONVEYANCE. See DEed.
Ancient copy of a deed, attested or unattested, or a copy enrolled for safe custody, secondary evidence of such deed -
Ancient copy of admittance to a copyhold evidence of the admittance Ancient copy recovery
Grant or conveyance of land to a corporation not presum-
Counterpart of a deed secondary evidence of it COVENANTS FOR FAMILY PROVISIONS.
Distinction between performance and satisfaction of 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
Slight variations in the circumstances of the provisions do not alter this construction
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
This presumption rebutted,
if the actual provision is less than that covenanted to be made -
if it is dissimilar in kind, in quantity of interest, or in certainty -
if it does not commence so early in benefit, or results from a different motive
where evidence (though parol) exists of the real in- tention
Covenant to settle, or to purchase and settle land, fulfilled by an act between performance and satisfaction,
where covenantor purchases land, but dies without
COVENANTS FOR FAMILY PROVISIONS-(continued.) Page making the settlement
it is immaterial in this case whether the land de- scends to the person entitled under the covenant or to 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
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 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 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 where it is reversionary or dependent on a contin-
where covenantor afterwards mortgages the estate 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 Whether a covenant to convey and settle binds an estate in the covenantor's seisin, quere
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
where the land given or suffered to descend is inferior in value to what the covenant engages for where the land is not of a nature calculated to fulfil the intention
The presumption may be rebutted by parol evidence of
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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