An Essay on the Learning of Future Interests in Real Property

An Essay on the Learning of Future Interests in Real Property

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1853 edition. Excerpt: that A and his exectors shall do such a thing, this is in the disjunctive, because he cannot have an executor in hi3 life-time. If the condition itself be disjunctive, as to do this of that, the party who is bound to performance may elect.3 163. The general rule is that a condition ought to be performed to the party therein named, or to his agent. 164. When the condition does not require performance by a particular person, any one who has an interest in the land or in the condition may perform it; as a second feoffee, or a guardian. So a stranger may perform the condition in the name of the party in interest; but if a stranger of his own head offer to perform the condition, the feoffor, &c need not accept it unless, it is said, it be tendered for an heir who is an idiot.1 The principle, however, seems to extend the exception to lunatics, and would seem to include not only the case of an heir, but every case in which such a person was interested in the condition, or in the land, and the condition was not personal. 165. If a place be specified where the condition is to bo performed, the party who is bound to performance is not obliged to seek the party to whom it is to be performed in any other place, nor is the latter obliged to accept performance elsewhere, but if he do accept, it is good. 167. If no place be specified and the condition is to pay money or the like, the obligor must seek the obligee if he be in the State; but if it be rent then it may be tendered on the land, and if the other party be not there to receive, there is no breach although there is a covenant to pay. 168. If the condition be to deliver any weighty thing, as corn, timber, &c, the obligor is bound to enquire'before the more

Product details

  • Paperback | 38 pages
  • 189 x 246 x 2mm | 86g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236536037
  • 9781236536037