A Treatise on the Law of Landlord and Tenant, as Administered in Ireland

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Hodges and Smith, 1845 - 1364 sider
 

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Innhold

Abolition of Feodal Services
3
Freehold Estates
4
Terms for Years
5
Nonabeyance of Freehold
6
Seisin
7
Nature of Chattel Interests
8
Sources of the Common Law
9
Equity
10
Subinfeudation
11
Constitution of Manors
12
Settlement of Ireland 14 Introduction of English Law into Ireland 15 Ancient Irish Customs of Tanistry and Gavelkind
13
Independence of Irish Courts of Justice recognized
14
Leases under Powers take Prece 26 Farms previously included in
15
Feoffment
16
Assignments
17
Lease and Release
18
Attornment ib 27 Its Abolition
19
Grants
20
Statute of Enrolments
21
Equitable Estates
22
Yearly Tenancy
23
Holding by Sufferance
24
Possession ib 39 Occupation
25
Adverse Possession
26
Unlimited Authority of Tenant in Fee simple to make Leases
27
Entail
31
Defective Execution of leasing power given by Statute cannot be supplied in Equity
32
Higgins v Lord Rosse building supported
35
CHAPTER III
43
ib Xagent dem Galwej r Cuthbert 50 nant for Life to grant concurrent
46
Unlimited Power enables Tenant 43 Concurrent Lease not valid under
49
4 Whether an unrestricted leasing delivered at such Time
54
Criterion of the best Rent 57 61 Where the usual Rent is required
64
Roach r Wadham 510
66
Rent must be reserved at equal In improper or unusual Covenants
70
Lease renewable for ever bad under
74
Excess in Execution of leasing under another Power in the same Set
77
CHAPTER VI
84
CHAPTER VII
99
Power of Executors over Lease
105
OPERATION OF THE STATUTE OF FRAUDS ON INTERESTS IN LAND
116
CHAPTER IX
130
CHAPTER X
147

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Side 118 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Side 118 - That no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Side 452 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Side 234 - ... copyhold, or of any other tenure, and whether a corporeal or incorporeal hereditament, it shall go to the executor or administrator of the party that had the estate thereof by virtue of the grant ; and if the same shall come to the executor or administrator either by reason of a special occupancy or by virtue of this act, it shall be assets in his hands, and shall go and be applied and distributed in the same manner as the personal estate of the testator or intestate.
Side 325 - Every proprietor has an equal right to use the water which flows in the stream, and consequently no proprietor can have the right to use the water to the prejudice of any other proprietor. Without the consent of the other proprietors, who may be affected by his operations, no proprietor can either diminish the quantity of water which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above.
Side 118 - That all leases, estates, interests of freehold, or terms of years, or any uncertain interest of, in, to, or out of any messuages, manors, lands, tenements, or hereditaments, made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only...
Side 367 - ... and other payments, if entitled thereto ; but so that persons liable to pay rents reserved by any lease or demise, and the lands...
Side 118 - ... hereditaments, shall at any time after the said four and twentieth day of June be assigned, granted or surrendered, unless it be by deed or note in writing, signed by the party so assigning, granting or surrendering the same, or their agents thereunto lawfully authorized by writing, or by act and operation of law.
Side 292 - And be it further enacted, that no conveyance or other act made or done subsequently to the execution of a will of or relating to any real or personal estate therein comprised, except an act by which such will shall be revoked as aforesaid, shall prevent the operation of the will with respect to such estate or interest in such real or personal estate as the testator shall have power to dispose of by will at the time of his death.
Side 122 - BY the 4th section of the statute of frauds," it is enacted that " no action shall be brought whereby to charge any person upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them...

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