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A Concise Introduction to Conveyancing

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A Concise Introduction to Conveyancing iiiiiii!' :i! UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBEIARY A CONCISE INTRODUCTION CONVEYANCING. : ; A CONCISE INTRODUCTION CONVEYANCING J. ANDREW STRAHAN, M.A., LL.B. OP THE MIDDLE TEMPLE, BAHRISTER-AT-LAW Assistant Reader of the Law of Seal and Personal Property in the Inns of Court ; Author of "4 General Vieio of the Laio of Property" ; and joint Author of Underhill and Strahan's " Principles of Interpretation of Wills and Settlements," etc. Wixilx ix djha^kr on llijrjifitnition of §xik, WILLIAM BLYTH, B.A., Solicitor' of the Supreme Court. LONDON BUTTERWORTH & CO., 12, BELL YARD, W.C. 3Law ipubllsbcrs. 1900. l.OXDON : PRINTED BY SHAW AND SONS, FETTER LANE AND CRANE COURT. E.G. O./Jh I ^ f BT. HON. JAMES BEYCE, M.P., SOMETIME REGIUS PROFESSOR OF CIVIL LAW OF THE UNIVERSITY OF OXFORD. Dear Mr. Bryce, To you I beg to dedicate this little noork in remembrance of the time when yon,, then also a reader of the Inns of Court and a conveyancer of Lincoln's Inn, introduced me, a yoiithful strident of the law, to the learned Society of the Middle Temple. I wish to inscribe it to you also as an evidence of my profound respect for your learning, ability, and character. I beg to remain, dear Mr. Bryce, Yours very sincerely, J. ANDREW STRAHAN. May, 1900. a 3 PEEFACE. This little work is rather an Introduction to Conveyances than an Introduction to Convey- ancing. Its object is not so much to teach the student to draft, as to enable him to understand, assurances of land. No doubt to draft them intelligently one must understand the full import and operation of every phrase ordinarily used in such instruments, but to this extent every lawyer, whether a conveyancer or not, should have a knowledge of conveyancing. This has become the more necessary of late owing to recent legislation which has shortened forms of assurance by imply- ing all sorts of covenants, conditions, and powers, no reference to which appears on the face of the deed. It is hoped on this account that the book may prove useful to every student of law, to what- ever branch of practice he means ultimately to devote his chief attention. The method followed is to take an example of each of the chief forms of assurance and examine it clause by clause. It should be noted that the examples are drawn not to serve as precedents, but in order to raise the points which most need explanation. C. a 4 VIU PREFACE. The Author has to thank Mr. Blyth (of the firm of Paines, Blyth, and Huxtable) not merely for the chapter on Eegistration of Title, but also for kindly reading the proof sheets of the whole work. His large experience in practical conveyancing, and in the training of articled clerks, has enabled him to give the Author many valuable hints, for which the latter desires to express his gratitude. J. A. S. 1, New Square, Lincoln's Inn, May, 1900. TABLE OF CONTENTS. — TABLE OF CONTENTS. PART IV. ASSURANCES BY WAY OF MORTGAGE. SECTION PAGE I. Mortgages at Law and in Equity 219 II. —A Modern Mortgage 225 III.—Clauses of a Modern Mortgage 232 PART V. ASSURANCES BY WILL. I. Peculiar Characteristics op Wills 257 II. —A Short Form of Will 266 III.—Clauses of a Will 274 PART VI. ASSURANCE BY REGISTRATION OF TITLE. Index. TABLE OF CASES. A. PAGE Aldridge v. Feme, 17 Q. B. D. 212 . 104 Anderson v. Anderson, L. R. 13 Eq. 381 . 288 V. Pignet, 8 App. Cas. 180 . 178 Averill, Be, Salsbury i: Buckle, [1898] 1 Ch. 523 . 209 B. Bagot, Re Paton v. Ormerod, [1893] 3 Ch. 348 287 Bain r\ Fothergill L. R. 7 H. L. 158 108 Barrow v. Isaacs, [1891] 1 Q. B. 417 107,109 Baylis r. Jiggeus, 79 L. T. 78 . 104 Baynes and Co. v. Lloyd and Sons, [1895] 1 Q. B. 820 . 94 Beckett r. Corporation of Leeds, L. R. 7 Ch. App. 421 . 76 Birmingham, etc. Banking Co. v. Ross, 38 Ch. D. 295 . 75 Blaiberg and Abraham's Contract, Be, [1899] 2 Ch. 341 . 233 Boehm, In the goods of, [1891] P. 247 ... 260 Bolton r. London School Board, 7 Ch. D. 766 61, 62 Boyd's Settled Estates, Be, 14 Ch. D. 626 . 201 Brett V. Rogers, [1897] 1 Q. B. 525 ... 104 Bioomfield v. Williams, [1897] 1 Ch. 602 . 76 Brown v. Peto, [1900] 1 Q. B. 346 . 251 Bryant v. Barmingham, 44 Ch. D. 218 ... 198 Be, Bryant v. Hickley, [1894] 1 Ch. 324 . 209 Budd V. Marshall, 5 C. P. D. 481 . 104 Bury V. Milner, [1899] 1 Ch. 563 . 287 r. Thompson, [1895] 2 Q. B. 696 ... 114 Bushell V. Burland, Holt. Rep. 733 . 32 C. Cadell V. Palmer, 7 Bli. (x.s.) 202 142 Carter and Kenderdine, Be, [1897] 1 Ch. 776... 66 Cartwright, Be, 41 Ch. D. 532 94 Castlemaine (Lord) v. Craven (Lord), 22 Vin. Abr. 94 Chadwick v. Doleman, 2 Vern. 528 176 Chapman and Hobbs, Be, 29 Ch. D. 1007 177 Xll TABLE OF CASES. PAGE Cholmondcley r. Clinton, 2 Meir. 359 235 Christ's Hospiral i: Grainger, 1 Mac. & G. 4G0 289 Clitheroe, lie, 28 Ch. I). 378 163 CoUingwood r. Stanhope, L. R. 4 H. L. 52 ... ... ... ... 176 Coojier and Allen's sale to Harlech, i?e, 4 Ch. D. 802 198 r. Macdonald, 7 Ch. D. 292 207 Cowan r. Truefitt, Limited, [1899] 2 Ch. 309 260 Coward r. Larkman. 60 L. T. 1 287 D. Daniell r. Daniel], 3 De G. & Sm. 337 283 Davies r. Huguerin, 1 H. & M. 730 176 Davis r. Leicester Corporation, [1894] 2 Ch. 208 112 Day r. Singleton, [1899] 2 Ch. 320 108 De Mestre r. West, [1891] A. C. 264 159 Dimond r. Bostock, 10 Ch. D. 358 282 Docwra, /Jd-, Docwra r. Faith, 29 Ch. D. 693 199 Doe r. Field, 2 B. & A. 5(54 265 1-. Jackson, Dougl. 175 114 r. Knight, 5 B. /c C. 671 43 c. ra-*singham, 6 B. & C. 305 30 Drew, 7?^-, Drew r. Drew, [1899] 1 Ch. 33G 171 Dwyer r. Rich, Ir. Rep. 6 C. L. 146 76 E. Earl of Bedford's Case, 7 Rep. 7 129 Ecroyd r. Coulthard, [1897] 2 Ch. 554 77 Kllison r. Thomas, 2 Dr. & Sm. Ill 176 Evans r. Evans, [1892] 2 Ch. 173 134 Eyre Coote, lit; Cooce r. Cadogan, [1899] W. N. 222 164 F. Fish, //^ [1893] 2 Ch. 413 214 Fletcher r. Ashburner, 1 Bro. C, C. 497 192 r. Fletcher, 9 L. R. Ir. 301 282 Forlies, 7?r, Krrington r. Sempcll, [1899] W. N. G (0 210 Foster r. Hale, 3 Yes. 196 33 FumcBS r. Meek, 27 L. J. Exch. 34 43 G. Game, Re, Game r. Young, [1897] 1 Ch. 881 19G Gartside v. Silkstone and Dodworth Coal Co., 21 Ch. 1). 762 ... 156 TABLE OF CASES. XIU PAGE General Finance, Mortgage and Discount Co. v. Liberator Permanent Benefit Building Society, 10 Ch. D. 15 45,46 Goddard's Case, 2 Rep. 4 b 58 Goodier v. Edmunds, [1893] 3 Ch. 455 193 Graham v. Graham, 1 Ves. jun. 272 ... 44 Groom, JSf-, Booty r. Groom, [1897] 2 Ch. 407 283 Hall V. City of London Brewery Co., 2 B. & S, 737 94 Hamilton, Ee, Trench v. Hamilton, [1895] 2 Ch. 370 279 Hampshire v. Wickens, 7 Ch. D. 555 101 Harknessand Allsopp.iZp, [1896] 2 Ch. .358 89 Harman and The Uxbridge and Rickmansworth Rail. Co., He, 49L.T. 130 233 Harrison v. Corporation of Barrow-in-Furness, 63 L. T. 834 ... 108 Hastings (Lord) v. North Eastern Rail. Co., 2 Ch. [1898] 674 ; C. A., [1899] 1 Ch. 656 100 Hawksland t'. Gatchel, Cro. Eliz. 835 44 Hawksley r. Outram, [1892] 3 Ch. 359 66 Heath r. Crealock, L. R. 10 Ch. 30 46 Hillr. Hill, [1897] 1 Q.B. 483 279 Hoare r. Osborne, L. R. 1 Eq. 585 289 Hodgkinson r. Crowe, L. R. 10 Ch. 622 101,109 Holford, i?e, Holford t'. Holford. [1894] 3 Ch. 30 209 r. Urban District Council, [1898] 2 Ch. 240 112 HoUis' Hospital and Hayne's Contract, Jte, [1899] 2 Ch. 540 ... 143 Honeywood T. Forster, 31 Beav. 1 38 Hood-Barrs v. Heriot (No. 2), [1897] A. C. 177 207 Hope 1'. Hope, [1892] 2 Ch. 336 205 Howe V. Dartmouth, 7 Ves. 137 ; 1 W. & T. L. Cas. 68 196 Humphreys, i?(", Humphreys r, Levett, [1893], 3 Ch, 1 209 I. Imray r. Oakshette, [1897] 2 Q, B. 218 Ill Jackson, i?<', Jackson r. Talbot, 21 Ch. D, 786 187 Jenner r. Jenner, L. R. 1 Eq. 361 64 Johnstone v. Crompton & Co., [1899] 2 Ch. 190 94 Judkin, Be, 25 Ch. D. 743 208 K. Keech v. Hall, 1 Doug. 21 93 Kemeys-Tynte, i2(?, [1892] 2 Ch. 211 170 XIV TABLE OF CASES. PAGE Kennedy r. De Trafford, [1897] A. C. 180 . 247 Knight V. Davis, 3 M. & K. 3."jS ... 278 r. Knight, 3 Beav. 173 ... 279 L. Lacon r. Laceby, [1897] W. N. 46 (3) 107 Lambert, Ih\ Stanton i: Lambert, 33 Ch. D. 620 205 LanceHeld r. Iggulden, L. K. 10 Ch. App. 136 286 Lander and BayleyV Contract, J}c, [1892] 3 Ch. 41 95, 101 Lapworth r. Thomps^on, L. R. 3 C. r. 149 104 Life Interest, etc. Securities Corporation r. Hand-in-Hand Insurance Society, [1898] 2 Ch. 230 246 Line r. Stephens, 5 Biug. N. C. 183 94 Lister c.
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