A Treatise on the Law of Husband and Wife, as Respects Property: Partly Founded Upon Roper's Treatise, and Comprising Jacob's Notes and Additions Thereto, Volumen1

John Edward Bright

W. Benning & Company, 1849 - 1196 páginas

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Lease in reversion	liii

Nor if bequest contingent or payable later	lxi

X	lxiii

INTRODUCTION	1

Receipt of debt where wife mortgagee in	3

Wifes right to exoneration as against husbands other	4

Where husband fraudulently prevents agreement from being	5

She may lease	6

Husbands bond for wifes fortune payable on bankruptcy	147

Of the acknowledgment of deeds by married women	151

SECT II	153

Wifes attainder of treason before birth of issue	159

Immediate entry where wife divorced	162

VOL I	167

Of forfeiture of the wifes copyholds by the hus	169

Mr Jacobs remarks thereon	175

Not of term settled to wifes separate	7

May appoint to each other	8

Effect where contingent remainders interposed between	9

Effect of bond to wife where husband disagrees	10

BOOK THE FIRST	11

If she omit to do so her executor intitled	12

Logan v Bell	13

Where power applies only to will after marriage	14

Mr Jacobs remarks thereon	15

Not determination of lease at will to or from wife	16

Warrant of attorney to wife	17

1 Legacy from husband to wife before marriage	18

Cannel v Buckle	19

Husbands bond to trustee for wife valid in law	20

Whether valid in equity	21

Of executor with residuary legatee	22

But allowance must be adequate	23

Where husbands real estate devised to wife and perso nalty insufficient	24

CHAPTER II	25

They may take in severalty	26

Legacy to husband and wife jointly	27

Assignment void where chose in action cannot fall into possession during husbands life 86	28

Payment by mistake of wifes debt	29

Of the sheriffs return	31

Now no damages recoverable beyond six years before	33

SECT II	36

Old leases must have expired or have been surrendered	39

Where postnuptial settlements valid against creditors	40

Intitled as administrator where wife mortgagee in	41

Widow not dowable of determinable estate semble	43

Rent must be reserved to husband and wife and wifes	46

Demise by wife and second husband of dower lands	47

Effect where two widows dowable	51

Receipt by husband or person authorised by	53

Widow under old law not dowable of trust estate	57

Mr Jacobs opinion	58

Hall v Hugonin	59

Remedy against excessive assignment by sheriff at law	65

Of the effect of decrees in vesting in the husband	67

Secus if heir under	71

CHAPTER VI	72

Payment into Court where husband lunatic	74

ii	77

But heir on attaining twentyone may have a sci fa	78

165	80

OF THE RIGHTS OF THE WIFE ON HER HUSBANDS BANKRUPTCY	82

On dower and curtesy of estates subject to conditional	83

husbands estate held liable after	85

Page	86

action	87

CHAPTER VII	88

Fund paid to husband where less than 2001	91

Consent not taken where fund in reversion	92

Box v Jackson	93

CHAPTER VIII	94

Wife surviving intitled to term if undisposed of	95

No merger of wifes term in husbands reversion in fee	97

1 May dispose of wifes legal term	98

Tudor v Samyne	99

Of acts of the husband other than express aliena	105

CHAPTER IX	112

OF THE HUSBANDS TITLE TO HIS WIFES FREEHOLD ESTATES	115

In	119

What seisin necessary of equitable estate	121

Of what property the husband may be tenant	127

Roberts v Dixwell	138

Term in trust to raise portion for wife	140

Whether covenant can be enforced by prohibition or injunc	142

SECT IV	183

Objections to the legality of deeds of separation con	185

Wife exonerated though debt paid if other sum bor	192

163	193

Of leases granted by husband and wife under	199

From what period lease commences when not mentioned	205

How rents to be reserved where different lands com	217

Cannot in general be witness for or against husband ii	219

Mr Jacobs observations	221

Bond to be sued upon only in event of husbands bankruptcy	223

OF THE WIFES EQUITY TO A SETTLEMENT OUT OF HER	230

By Lord Cottenham	234

But the court can proceed only against the property ii	254

CHAPTER XV	255

CHAPTER XVI	266

As where mortgage and settlement at same time	275

Effect of such settlement where settlor insolvent	277

CHAPTER XVII	286

Instances of widows title to emblements	288

Wife surviving intitled only to one years arrears	289

Whether intitled to reimbursement out of husbands contingent	293

OF THE WIFES INTEREST IN HER HUSBANDS PERSONAL ESTATE	295

What are to be considered advancements	305

Where purchases of land by freemen will be fraudulent	308

Wifes executors not intitled to any arrears semble	311

What will be a performance of the husbands	315

CHAPTER XIX	321

368	323

Option to purchase estate	335

Mr Jacobs remarks	339

Assignee of legal chose in action may sue in name	340

Effect of 8 9 Vict c 106	341

Mr Jacobs remarks	361

Rights of assignee in bankruptcy same as husbands	362

Effect of assignment of lands not subject to dower	376

Widows tortious conveyances	387

Liable to one third of duties to which estate subject	390

Damages and costs when lost	397

Evidence of marriage in a writ of dower	402

Dower usually sued for in equity	419

Where act applies to copyholds	421

Although reversionary	428

What acts of the husband will defeat his wifes	432

of parliament	434

ii	447

Not performance of husbands covenant to pay	448

date	457

Whether liable for permissive waste	463

Mr Ropers remarks thereon	474

Instance of intention that wife should have both jointure and provision	488

Remedy by 11 Hen 7 c 20	497

Power of alienation by widow seised in tail ex provisione viri	498

By 32 Hen 8 c 36	499

Statutes liberally construed	500

Estates derived from husband or his ancestors within statute	501

From husbands ancestors	502

Where money paid by wifes friends will not take join ture made by husbands ancestors out of statute	503

What will be considered purchases	504

Estates belonging to wife or derived from her ancestors not within act	505

Or where remainder limited to stranger	506

Whether widow tenant in tail general ex provisione viri the reversion being in the husbands heir is within act	507

Estate in fee simple not within statute	508

Lease by widow for life	509

Who intitled to enter	511

Mr Jacobs remarks	512

Effect of 3 4 W 4 c 74	513

OF THE VALIDITY OF DEEDS OF SEPARATION AGAINST	576

Otras ediciones - Ver todas

A Treatise on the Law of Husband and Wife: As Respects Property ..., Volumen1
John Edward Bright
Vista completa - 1850

A Treatise on the Law of Husband and Wife, as Respects Property ..., Volumen1
John Edward Bright
Vista de fragmentos - 1849

A Treatise on the Law of Husband and Wife, as Respects Property: Partly ...
John Edward Bright
Sin vista previa disponible - 2015

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Términos y frases comunes

agreement alien alimony antè appointment arrears assignment bond chattels choses in action common law conveyance copyhold Court of Equity covenant coverture debt declared decree defeated dower effect emblements entitled to curtesy executors executrix feoffment forfeiture freehold fund grant Hagg heir held husband and wife husband's death HUSBAND'S INTEREST infant inheritance issue Jacob's remarks jointure lands Law J. N. S. Chan lease legacy liable Litt Lord Eldon Lord Hardwicke Lord Macclesfield marriage married mortgage negotiable instruments paid party payment personal estate prior provision purchase real estate reduction into possession release remainder rent reversionary revoked right by survivorship Roper's SECT seised seisin settled settlement statute surrender tail tenant Thomas Plumer trustees valid valuable consideration Vern vested void voidable VOIDABLE MARRIAGES widow wife surviving wife's choses wife's consent wife's estate wife's right wife's separate wife's term

Pasajes populares

Página 1 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband; under whose wing, protection, and cover, she performs every thing...‎

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Página 358 - That when a husband shall die, beneficially entitled to any land for an interest which shall not entitle his widow to dower out of the same at law, and such interest, whether wholly equitable, or partly legal and partly equitable, shall be an estate of inheritance in possession, or equal to an estate of inheritance in possession, (other than an estate in joint tenancy,) then his widow shall be entitled in equity to dower out of the same land.‎

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Página 518 - CD and his assigns for and during the term of his natural life without impeachment of waste And from and after the determination of that estate by forfeiture or otherwise...‎

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Página 327 - Therefore, if a man seised in fee-simple hath a son by his first wife, and after marries a second wife, she shall be endowed of his lands ; for her issue might by possibility have been heir on the death of the son by the former wife. But if there be a donee in special tail who holds lands to him and the heirs of his body begotten on Jane his wife : though Jane may be endowed of these lands, yet if Jane dies, and he marries a second wife, that second wife shall never be endowed of the lands entailed;...‎

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Página 440 - RG, were parties, and by a recovery suffered in pursuance thereof, the estates were limited to the use of the husband for life, remainder to the wife...‎

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Página 122 - If land be given to a woman and the heirs male of her body, and she have issue only a daughter...‎

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Página 283 - ... the heirs of their bodies, and for default of such issue to the use of the right heirs of the survivor of A and B.‎

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Página 130 - That a contingent remainder, existing at any time after the 31st day of December, 1844, shall be, and, if created before the passing of this Act, shall be deemed to have been capable of taking effect, notwithstanding the determination, by forfeiture, surrender, or merger of any preceding estate of freehold, in the same manner, in all respects, as if such determination had not happened.‎

Aparece en 124 libros desde 1844-2006

Información bibliográfica

Título	A Treatise on the Law of Husband and Wife, as Respects Property: Partly Founded Upon Roper's Treatise, and Comprising Jacob's Notes and Additions Thereto, Volumen1 A Treatise on the Law of Husband and Wife, as Respects Property: Partly Founded Upon Roper's Treatise, and Comprising Jacob's Notes and Additions Thereto, John Edward Bright
Autor	John Edward Bright
Traducido por	John Edward Bright
Editor	W. Benning & Company, 1849
Procedencia del original	Universidad de Oxford
Digitalizado	21 Sep. 2006
Largo	1196 páginas

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