Doctrine Severability - Law Dictionary Search Results
Doctrine severability
Matched in: Term Doctrine severability
Marshalling
Marshalling, the act of arranging or of putting into proper order. The doctrine of marshalling assets and securities depends upon the principle that a person, having two funds out of which … that every claimant shall be satisfied as far as, by any arrangement consistent with the nature of the several claims, the property which they seek to affect can be applied in satisfaction of such claims. In the
Constructive trust
will still be subject to the trust or equitable interest in the hands of such a purchaser. The doctrine of constructive trusts also arises upon the renewal of a lease by a trustee, or person having a … to take a benefit for themselves. This doctrine is extended to the renewal of leases by one of several persons or partners jointly interested, by an agent, mortgagor, or mortgagee, or by a person jointly interested with
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Doctrine
Matched in: Term Doctrine
Merger
the estate tail, though a less estate, will not merge in the fee, 2 Bl. Com. 177. The doctrine of merger probably results from the maxim, Nemo potest esse dominus et tenens; or perhaps from the inconsistency, … be deemed the reversion, if the surrender or merger took place after the 1st October, 1845. See also SEVERANCE and APPORTIONMENT. In order to effect a merger, the following circumstances must concur:- (1) There must of necessity
Abstract of title
the property subject thereto, but legislation and the practice of conveyancers have gradually lessened the inconvenience of this doctrine: see LEGAL ESTATE; PERSONAL REPRESENTATIVES; SETTLEMENT; MORTGAGE; TRUSTEES FOR SALE; UNDIVIDED SHARES; EQUITABLE INTERESTS, BANKRUPTCY and VESTING ORDERS. … with such matters in pais, as births, majorities, marriages, deaths, survivorships, pedigrees, descents, and successions, as connect the several transactions, or in any wise vary the title; and these facts should be authenticated by such legal evidence
Hotchpot
then he must bring into hotchpots what he had before received. This principle is based upon the equitable doctrine of equality, being perfectly coincident with that conduct that a just parent would pursue towards all his children. … the fund without bringing his appointed share into hotchpots. As to the construction of such a clause where several funds are settled, see Re Fraser, (1913) 2 Ch 224 and cases there cited, and Trustee Act, 1925,
Remainder
to C., then as between B. and C., C. has the possession and B. the reversion; hence the doctrine of privity of estate. A remainder does not, like a reversion, arise by operation of law, but is … the same land there may at the same time be an estate in possession, and one estate or several estates in remainder, and an estate in reversion. When the estate in possession is determined, the estate in
Election
displease him on further consideration.) See also Re Simms, Ex p. Trustee, 1934 Ch 1. In equity the doctrine of election is founded on the rule that a person who takes under an instrument must give effect … or other public authority. [Prevention of Corruption Act, 1988, s. 2 (a)] The entire process which consists of several stages and embraces many steps, some of which may have an important bearing on the result of the
Notice
the Law of Property Act, 1925, sub tit. CONSTRUCTIVE NOTICE, and see LAW OF PROPERTY ACT; (Curtain). The doctrine of constructive trusts has also been narrowed down by the (English) Conveyancing Act, 1911, s.13, reproduced by the … the word 'notice' denotes merely an intimation to the party concerned of a particular fact. Notice may take several forms. It must, to be sufficient, be in writing and must intimate quite clearly that the award has
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