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,

Page

-

61

63-65

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

65-66

58

ib.

59

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

ADVOWSONS.

See ADEMPTION

-

-

57, n. (f.)

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

57

60

61

291

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

(continued.)

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

ALIEN.

Page

419-421

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

15

· 104
109

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.

APPROPRIATION.

367

368

443

443-444

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 IN EQUITY.

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.

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

ib.

361

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
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.

.864

365

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

ib..

197, 261.

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 -

- 267, 439

31

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

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-

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

Page

266

ib.

ib.

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.

COPY.

ib.

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

CORPORATION.

196

197

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

90, 91

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

·

92

93

ib.

where covenantor pays off encumbrances on an estate
previously settled on the person to be provided for ib.
The rule obtains,

-

95

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-

97

97-100

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

99

101

91, n.

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

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

95

The presumption may be rebutted by parol evidence of

intention

COVENANTS FOR RENEWAL.

Specific performance of a covenant to renew a lease refused,
if covenantee neglects for however short a time after the

· 100

101