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instrument where admissible in evidence, 543-545

USES,

declaration of, must be carefully abstracted, 12

usual to give the effect of the limitation, where this is
proper, ib.

in abstracting title depending on a power, where the uses in default
of appointment should be given, ib.

words of modification should be abstracted, 14

where all the limitations should be abstracted, and where
not, ib.

V.

VAULT,

who may grant, 298, 299

when it may be prescribed for, 300
VENDOR. See PURCHASER.

what abstract, must produce, 5

when, decidedly misrepresents the state of the title, the conveyance
may be set aside, and the purchase money recovered, although
no interruption has been threatened, 35

if, before conveyance to himself, sells by auction, and engages, to
make a good title by a certain day, and fails, what the conse-
quence is, 36, 37

must pay expenses of journey to examine title deeds, 37, 38, 39
must procure assent of third person, if his assent be necessary to
the sale, 38

where, is suspected to have undisclosed information, what course
should be pursued, 41

if title turns out defective, the expenses must be borne by, 42

must furnish an unexceptionable title, 57

but if he can perfect it before Master's report, or hearing of
further directions, it will be sufficient, 57

but he must pay the costs, except in certain cases, 57, 58
where necessary party is not under the control of, title will be
bad, 69

VENDOR-continued.

must pay expenses of conveyances when, and of private act, 61
cannot compel specific performance of contract for leaseholds, with-
out furnishing abstract, 98-100

if, cannot make a good title to leaseholds, when contract may be
rescinded, 100

expense of taking out limited administration to a term, must be
borne by, 106

of personal chattels, what presumed as to, 123

where, need not tender a conveyance to purchaser, 134

has no lien for his purchase-money on a ship, 142

where, is likely to become bankrupt, what search should be
made, 182

where, must prove a will against an heir at law, 197, 198

when vendor dies, having contracted to sell the land, where convey-
ance may be compelled, 205, 206

where lien of, will be presumed to be satisfied, 503, 504

W.

WAIVER,

where entry into possession by a purchaser will be deemed a, of

right to a good title, 61, 62

presumption of, of forfeiture, 506-508

WARRANTY,

of rights and privileges, 508-511

equitable claims by next of kin, 511

equitable claims by creditors and legatees, 516–524

equitable claims under settlements, 524-528

between trustee and cestui que trust, 528, 529

of equity of redemption, 530,531

general rules as to, 531,532

arises on partition by coparceners, 152, 153

on exchanges where it will arise, 208

where it will not arise, 209

titles under, 227

not strictly marketable, ib.

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WARREN,

what are birds of, 117

rarely forms the subject of a separate abstract, ib.

may be leased without deed, ib.

WATER,

flowing, cannot be conveyed, 122

right of, when grant of will be presumed, 425, 426. 444

WAYS,

of two kinds, 115

highways, what, ib.

private ways, what, ib.

in grants of, what should be attended to, 115, 116

what grantors of, may do, 116

what grant of horseway will extend to, ib.

carriage way will extend to, ib.

particular attention necessary in taking grant of, ib.
where grant of, will be presumed, 423, 443, 444
distinction between private and public, 444

WILLS. See EXECUTOR. INCLOSURE ACT. PROBATE.
should be abstracted, 3

what parts, and how they should be abstracted, 22-25
what facts should accompany the abstract, 23-25
revocation of, should be mentioned in abstract, 23

must be seen to have been properly signed, &c. 40, 41

and registered, ib.

inquiry should be made for, of persons who have died seised in
fee, 45

what, is necessary to pass, 106

when, may be proved, 173

when evidence, ib.

who may alien by, 194

who cannot make, ib. 195

in titles derived under, what the attention should be directed to, ib.

where surrender must be made to the use of a, 195, 196

where unsurrendered copyholds will pass by, 196

of stock, how to be attested, 197

of personal estate, jurisdiction over, ib,

of land, jurisdiction over, ib.

where, should be proved against heir, 198

if, were executed, vendor must produce, ib.

S S

WILLS-continued.

purchaser cannot be forced to take a title under a doubtful, ib.

what is evidence of, 360

when evidence, 361

exemplifications of, are not evidence, ib.

thirty years old prove themselves, 362

where, are to be proved against heir at law, what necessary,

362, 363

LONDON:

IBOTSON AND PALMER, PRINTERS, SAVOY STREET, STRAND.

SAUNDERS AND BENNING,

(SUCCESSORS TO JOSEPH BUTTERWORTH AND SON,)

43, FLEET STREET.

An INDEX to all the reported CASES, STATUTES, and GENERAL ORDERS, in or relating to the Principles, Pleading, and Practice of EQUITY and BANKRUPTCY, in the several Courts of Equity in England and Ireland, the Privy Council, and the House of Lords, from the earliest Period down to the year 1831. By EDWARD CHITTY, Esq. of Lincoln's Inn, Barrister at Law. In 2 large vols. royal 8vo. price 31. 138. 6d. boards.

The PRACTICE of CONVEYANCING, comprising every usual Deed, Agreements, Bonds, Wills, &c. analytically and synthetically arranged. By JAMES STEWART, Esq. Barrister at Law. Two vols. royal 8vo. price 21. 2s. boards.-The Second Volume may be had separately, price 1. 1s.

SUGDEN'S ACTS. The Acts relating to the Administration of Law in Courts of Equity, passed in the Session 11 Geo. IV. and 1 Wm IV. :— 1. For facilitating the Payment of Debts out of Real Estates. 2. Respecting Conveyances and Trausfers of Estates, and Funds vested in Trustees and Mortgagees. 3. Relating to Property belonging to Infants, Femes Covert, Idiots, Lunatics, and Persons of unsound Mind. 4. Relating to illusory Appointments. 5. Relating to Commitments by Courts of Equity for Contempts, and taking Bills pro confesso. To which is added, the Act for making better Provisions for the Disposal of the Residues of the Effects of Testators. With an Introduction, comprising Remarks on each of the Acts, explaining the Law as it formerly stood, the Object of the Framer of the Acts, and the manner in which it is accomplished: Notes and Index. By WILLIAM THOMAS JEMMETT, of Lincoln's Inu, Esq. Barrister at Law. In 12mo. price 5s. boards.

FORMS of DECREES in EQUITY, and of Orders connected with them, with Practical Notes, &c. By HENRY WILMOT SETON, of Lincoln's Inn, Esq. Barrister at Law. In one vol. royal 8vo. price 17. 18. boards.

The PRACTICE of the HIGH COURT of CHANCERY; to which is added, a Collection of the Forms of Pleadings and of Proceedings in that Court. Third Edition, with very considerable Additions. By JOHN NEWLAND, of the Inner Temple, Esq. Barrister at Law. In two vols. 8vo. price 17. 10s. boards.

A COMMENTARY on the TENURES of LITTLETON, written Prior to the publication of Coke upon Littleton. Edited from a Copy in the Harleian Collection of Manuscripts. By HENRY CARY, of Lincoln's Inn, Esq. Barrister at Law. In royal 8vo. price 17. 10s. boards.

"From the parts which I have occasionally read, I have reason to think that the Commentary is a very methodical and instructive Work." Mr. HARGRAVE'S Remark.

COKE upon LITTLETON. A new and valuable Edition, adapted to the present Day. By THOMAS COVENTRY, Esq. Barrister at Law. In one vol. royal 8vo. price 17. Is. boards.

A TREATISE on PURCHASE-DEEDS, consisting of brief and Familiar Essays on the various Assurances by which Freehold Property is transferred, and of Precedents, copiously illustrated by Theoretical and Practical Annotations. By WILLIAM FLOYER CORNISH, Esq. of the Inner Temple, Barrister at Law. In 8vo. price 12s. boards.

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