Cases on Property; (Titles to Real Property)

Cases on Property; (Titles to Real Property)

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...consideration; for the instruments, although under seal, were deemed inoperative, as bargains and sales. It would have been competent for the plaintiff, in the present case, to have proved a consideration paid, (5 Vin. 507.) which, in my opinion, would have made the deed effectual to transfer the title; the word grant being sufficient to pass the land by way of use. (2 Nbd. 255.) Under this view of the case, I should be inclined to grant a new trial, to give the plaintiff an opportunity of producing this proof, if in his power, without the expense of a new action; but according to the stipulation in the case, a judgment of nonsuit, in my opinion, ought to be entered. Kent, Ch. J. I am of opinion that the deed from Brown to Hhdson was sufficient to convey his interest in the premises. I agree that the deed, if it operates at all, must operate as a bargain and sale under the statute of uses. At the common law, a feoffment or lease was valid, without any consideration, in consequence of the fealty or homage which was incident to every such conveyance. The law raised a consideration out of the tenure itself. But Jackson v. Alexander.:: Z; ZZe statute of Quia Emptores, (Id Ed. I.) Perkins says, that a consider. cane requisite even to the validity of a feoffment as none could b implied, since, according to the statute, no feudal duty or service r it 3 to the immediate feoffor. (Perkins, sect. 528-537. The general andszh 8 better opinion is, that the notion of a consideration first came from thee court of equity, where it was held necessary to raise cause; and when convvrr ances to uses were-introduced, the courts of law adopted the same idea, and held that a consideration was requisite in a deed of bargain and sale. This new principle in the.show more

Product details

  • Paperback | 198 pages
  • 189 x 246 x 11mm | 363g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236778642
  • 9781236778642