Derivative Deed - Law Dictionary Search Results
Notice
it was affected with the equity arising from notice in the hands of the person from whom he derived it; for otherwise, no man would be safe in any purchase, but would be liable to have his … or transferred after 1925, including (i.) mortgages, not excepting first mortgages (not completed by possession of the title deeds) and required to be registered; (ii. and iii.) any equitable charge acquired after 1925 which is registrable under
Merger
seq. When an engagement has been made by simple contract, and then the same engagement is made by deed, the simple contract is merged and extinguished in the deed. If an action is brought and judgment recovered, … so termed, is the destruction of a collateral thing in the subject itself out of which it is derived. 'In order that there may be a merger, the two estates which are supposed to coalesce must be
Attornment
landlord's possession is not affected thereby, except as provided by s. 151, ibid. The 'Attornment Clause' in a deed of mortgage is a clause whereby, for better securing the payment of the interest on the mortgage, the … landlord'. This means that in the first instance attornment is made in favour of the person who has derived his title or supposed title from the original landlord. It implies a continuity of the tenancy created by
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Execution
Ram narain, (1984) 3 SCC 561: AIR 1984 SC 1383: (1984) 3 SCR 806. The word 'execution' stands derived from the Latin 'ex seque' meaning, to follow out follow to the end, or perform and equivalent to … FACIAS. As to the protection of vendor or purchaser on a sale under an execution, see Bankruptcy and Deeds of Arrangement Act, 1913, s. 15. As to the writ of capias ad satisfaciendum, see Hulbert v. Cathcart,
Heirloom
the consent of the usufructuary for the time being if of full age (ibid., sub-s. 5). Heirlooms, is derived from 'loom', an anglo-saxon word meaning tool or utensil (See Oxford English Dictionary). Heirlooms were articles which either … Heirloom [fr. h'res, Lat., heir, and geloma, Sax., goods], personal chattels, such as charters, deeds, and evidences of title, coat armor set up in a church, or a tombstone erected there, which go
Constructive notice
perform or observe any covenant, condition, provision, or restriction contained in any instrument under which his title is derived, mediately, or immediately; and such liability maybe enforced in the same manner and to the same extent as … The facts from which constructive notice will be deemed to arise are not necessarily documentary. Absence of title deeds or the possession of a tenant gives notice of the tenant's interest, Taylor v. Stibbert, (1794) 2 Ves
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