A Series of Letters to a Man of Property: On Sales, Purchases, Mortgages, Leases, Settlements and Devises of Estates

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J. & W.T. Clarke, 1829 - 164 strani

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Stran 18 - If a person having a right to an estate permit or encourage a purchaser to buy it of another, the purchaser shall hold it against the person who has the right.
Stran 31 - Every bidding is nothing more than an offer on one side, which is not binding on either side till it is assented to. But according to what is now contended for, one party would be bound by the offer, and the other not, which can never be allowed.
Stran 117 - Lord St. Leonards, whose own will was the subject of a long and costly litigation, wrote: "I could without difficulty run over the names of many Judges and Lawyers of note, whose wills, made by themselves, have been set aside or construed so as to defeat every intention they ever had.
Stran 81 - ... in order to set it aside on this ground, for in the choice of a tenant there are many things to be regarded besides the mere amount of rent offered
Stran 113 - Signed, sealed, published and Declared by the said Testator as and for his last Will and Testament in the Presence of us who in his presence and at his request and in the presence of each other have subscribed our names as Witnesses thereto.
Stran 84 - My Lord Chancellor", runs the report of Lord Parker's judgment, "...cited the case of Mallet v. Halfpenny, where the defendant, on a treaty of marriage for his daughter with the plaintiff, signed a writing, comprising the terms of the agreement, and afterwards designing to elude the force thereof...
Stran 110 - To put off making your Will until the hand of death is upon you, evinces either cowardice or a shameful neglect of your temporal concerns.
Stran 4 - Chancellors interfered, and moderated the rigour of the law according, as it is termed, to equity and good conscience. The judges in equity soon found it necessary, like the common-law judges, to adhere to the decisions of their predecessors ; whence it has inevitably happened, that there are settled and inviolable rules of equity, which require to be moderated by the rules of good conscience, as much as ever the most rigorous and inflexible rule of law did before the Chancellors interposed on equitable...
Stran 64 - ... possession actual fraud is necessary. It is sufficient if there is plain, obvious and gross negligence, by not making use of facts within his knowledge, so as to give the mortgagor the full benefit that the mortgagee in possession of the estate of the mortgagor ought to give him. If, for instance, the mortgagee turns out a sufficient tenant, and, having notice that the estate was under-let, takes a new tenant, another person offering more; an offer, however, not to be accepted rashly. But this...
Stran 84 - Equity will, in some cases, relieve a party on the ground of fraud, although there is not a valid agreement. A man of the name of Halfpenny, upon a treaty for the marriage of his daughter, signed a writing, comprising the terms of the agreement ; and afterwards designing to elude the force of it, and get loose from his agreement, ordered his daughter to put on a good humour, and get the intended husband to deliver up the writing, and then to marry him, which she accordingly did ; and Halfpenny stood...

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