Constructive Discharge - Law Dictionary Search Results
Guaranty, or Guarantee
some other person thereunto by him lawfully authorized.' In case of guarantees, great inconvenience had resulted from the construction put upon the above s., viz., that the consideration for the promise of the guarantor must appear upon … the strict terms of his undertaking; an apparently small variation will often release him, e.g., he will be discharged if his rights against the debtor are affected, disturbed or destroyed by any agreement between the creditor and
Priority
give effect to prior equitable claims of which he has notice, whether verbal or written, or actual or constructive, Torkington v. Magee, (1902) 2 KB 427. The notice does not, under the rule in Dearle v. Hall, … of equitable charges by a tenant for life or statutory owner for death duties and other estate liabilities discharged by him, and subject to these equitable charges which are not protected by possession of the documents of
Pawn or Pledge
actual manual delivery, as it is sufficient if there are any of those acts or circumstances which, in construction of law, are deemed sufficient to pass the possession of property, as the key of a warehouse. As … Lat.], a bailment of goods by a debtor to his creditor, to be kept till the debt is discharged. A mortgage of goods is in the Common Law distinguishable from a mere pledge or pawn. By a
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Residence
actually personally resides. The word 'resides' must mean the actual place of residence and not a legal or constructive residence; it certainly does not connote the place of origin. The word 'reside' is a flexible one and … the expiration of his licence, nor, if he be non-resident for more than twelve months, interfere with the discharge of the duties of the benefice as entrusted to the curate. Ordinary meaning.--The word 'resides' denotes 'the place
Lien
for nemo plus juris ad alium transferre potest, quam ipse habet. There must also be an actual or constructive possession by the party asserting it, with the express or implied asset of the party against whom it … the lien, and the person to whom he conveys it will have a perfect title to it upon discharging the lien. Consult Smith's Merc. Law; Coote on Mortgages, 9th Edn., pp. 1375 et seq. And 1396et seq.;
Deed
Property Act, 1925, which provides that a receipt in the body of the deed shall be a sufficient discharge without any further receipt being endorsed on the deed. (9) Extrinsic formalities. Generally speaking, in localities where registration … as an aid to collect the intention of the parties to the instrument, and a key to its construction. Thus a recital may restrain the effects of general phraseology in the operative part of a deed, and
Covenant
be registered as a land charge, see (English) L.C. Act, 1925, s. 10, Class C. As to the discharge or modification of Restrictive Covenants, see s. 84 of the L.P. Act, 1925. See also APPORTIONMENT; RUN WITH … made the covenantee. A covenant being part of a deed is subject to the general rules for the construction of such instruents; as, first, to be always taken most strongly against the covenanter and most in favour
Tail
to his powers as tenant for lie in regard to the employment of capital money or otherwise to discharge incumbrances see (English) S.L. Act, 1925 ss. 16 (2), 69, 73. (7) the donee, if in possession, may … in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which these were converted on the 1st January, 1926, or created after that date.
Trust
or constituted. (b) Trusts executory, imperfect, incomplete, or directory. (II.) Arising by operation of law, such as (a) Constructive, which arise when property which has been acquired in right of another is being retained by the trustee … instigated by the cestui que trust). Part II. relates to the powers of trustees; Part III., appointment and discharge of trustees; Part IV., powers of the Court, appointment of new trustees (q.v.) and vesting and other orders
contract
a contract in which the obligations of the parties to perform are equal to each other in value constructive contract : quasi contract in this entry contract for deed : land installment contract in this entry contract … entry sub·sti·tut·ed contract : a contract between parties to a prior contract that takes the place of and discharges the obligations under the prior contract compare accord, novation syn·al·lag·mat·ic contract in the civil law of Louisiana :
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