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Equitable Assignment - Law Dictionary Search Results

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Pawn or Pledge

the stipulated time, the title of the pledgee becomes absolute at law; and the pledgor has only an equitable right to redeem. If, however, it be a mere pledge, as the pledgor has never parted with the … the pawn into the hands of a stranger for safe custody, without consideration; for he may sell or assign all his interest in the pawn, or he may convey the same interest conditionally, by way of pawn,

Autre vie, Estate pur

The lowest estate of freehold which the law allowed before 1926. After 1925 the estate has become an equitable interest, (English) Law of Property Act, 1925, s. 1. If limited to the grantee and his heirs, it … (English) Wills Act, 1837, the estate was declared to be disposable of by will. The estate could be assigned inter vivos. It could not be the subject of entail, see Carson's Real Property Statutes; Notes to s.

Lease

if they consist of terms of years absolute and leases for life which have been converted into merely equitable interests if created under a settlement, but by s. 149 of the Act leases for life at a … he had only an interesse termini by virtue of his Common Law assurance, a right which could be assigned, but not surrendered, and which did not prevent the merger of two estates by its interposition, nor itself

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Constructive trust

upon land sold for unpaid purchase money, and generally, when an estate is subject to a trust or equitable interest or lien, and a person purchases it for value, with either actual or constructive notice of it, … a volunteer claiming under him, as well as a purchaser from him with notice, will be directed to assign the lease free from incumbrances, except a bona fide lease made by him at the best rent, and

Tail

Tail [fr. tailler, Fr., to prune]. An estate-tail was formerly a freehold of inheritance and is now an equitable interest which may be created after 1925 in respect of personalty as well as realty by way of … he might, if he pleased, have acquired the fee-simple), unless he evince the contrary intention by taking as assignment of the incumbrance to a trustee in trust for himself, or by some other express act. As to

Trust

the technical terms of the Common or Statutory Law in the limitations of legal estate. Before 1926 an equitable entail would in the case of an executory document or a bequest or devise by will pass without … JUDICIAL TRUSTEE. By the (English) Judicature Act, 1873, s. 34, the execution of trusts, charitable or private, is assigned to the Chancery Division of the High Court of Justice. For the special provisions made for the execution

Uses

and laid the foundation of modern conveyancing. Before the Statute of Uses, a use was in its nature equitable, as such; it may be defined to have been a right in Chancery to the beneficial ownership of … thereby making two conveyances necess-ary. Indeed, in the case of terms for years, and other personal property, two assignments ere required for this purpose, until 22 & 23 Vict. c. 35, s. 21; and by the (English)

Settled land

him under that title is not concerned with anything outside the vesting instrument so far as relates to equitable interests affecting the estate and subject to the provisions of the Law of Property and other land legislation … trustees of the settlement, or a trust corporation if trustee. The powers given by the Act are not assignable, and any contact not to exercise them is void (s. 104 of the (English) S.L. Act, 1925); and

Deed

interest or relinquish any right should come first, and amongst them, those having legal estates before those having equitable only, and the larger interests should precede the lesser. Then consenting parties and covenantors. After these, those who … the tenure is never expressed, except upon a sub-grant or lease reserving rent. In annuity deeds and money assignments, the phrase 'To have, hold, receive, and take' is the common form of habendum. (h) Declaration of Uses

Specific performance

(1) (d) of the (English) County Courts Act, 1934. See Fry on Specific Performance. Specific performance is an equitable relief and he who seeks equity can be put on terms to ensure that equity is done to … for the specific performance of contracts between vendors and purchasers of real estates, including contracts for leases, are assigned to the Chancery Division of the High Court of Justice. Specific performance may be obtained up to 500l.

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Equitable Assignment - Law Dictionary Search Results

Research workspace

Save terms and build your research trail

A free trial unlocks notes, tags, search history, and the full AI Studio desk for judgment research.

Pawn or Pledge

the stipulated time, the title of the pledgee becomes absolute at law; and the pledgor has only an equitable right to redeem. If, however, it be a mere pledge, as the pledgor has never parted with the … the pawn into the hands of a stranger for safe custody, without consideration; for he may sell or assign all his interest in the pawn, or he may convey the same interest conditionally, by way of pawn,

Autre vie, Estate pur

The lowest estate of freehold which the law allowed before 1926. After 1925 the estate has become an equitable interest, (English) Law of Property Act, 1925, s. 1. If limited to the grantee and his heirs, it … (English) Wills Act, 1837, the estate was declared to be disposable of by will. The estate could be assigned inter vivos. It could not be the subject of entail, see Carson's Real Property Statutes; Notes to s.

Lease

if they consist of terms of years absolute and leases for life which have been converted into merely equitable interests if created under a settlement, but by s. 149 of the Act leases for life at a … he had only an interesse termini by virtue of his Common Law assurance, a right which could be assigned, but not surrendered, and which did not prevent the merger of two estates by its interposition, nor itself

Keep your definitions linked to case research

Constructive trust

upon land sold for unpaid purchase money, and generally, when an estate is subject to a trust or equitable interest or lien, and a person purchases it for value, with either actual or constructive notice of it, … a volunteer claiming under him, as well as a purchaser from him with notice, will be directed to assign the lease free from incumbrances, except a bona fide lease made by him at the best rent, and

Tail

Tail [fr. tailler, Fr., to prune]. An estate-tail was formerly a freehold of inheritance and is now an equitable interest which may be created after 1925 in respect of personalty as well as realty by way of … he might, if he pleased, have acquired the fee-simple), unless he evince the contrary intention by taking as assignment of the incumbrance to a trustee in trust for himself, or by some other express act. As to

Trust

the technical terms of the Common or Statutory Law in the limitations of legal estate. Before 1926 an equitable entail would in the case of an executory document or a bequest or devise by will pass without … JUDICIAL TRUSTEE. By the (English) Judicature Act, 1873, s. 34, the execution of trusts, charitable or private, is assigned to the Chancery Division of the High Court of Justice. For the special provisions made for the execution

Uses

and laid the foundation of modern conveyancing. Before the Statute of Uses, a use was in its nature equitable, as such; it may be defined to have been a right in Chancery to the beneficial ownership of … thereby making two conveyances necess-ary. Indeed, in the case of terms for years, and other personal property, two assignments ere required for this purpose, until 22 & 23 Vict. c. 35, s. 21; and by the (English)

Settled land

him under that title is not concerned with anything outside the vesting instrument so far as relates to equitable interests affecting the estate and subject to the provisions of the Law of Property and other land legislation … trustees of the settlement, or a trust corporation if trustee. The powers given by the Act are not assignable, and any contact not to exercise them is void (s. 104 of the (English) S.L. Act, 1925); and

Deed

interest or relinquish any right should come first, and amongst them, those having legal estates before those having equitable only, and the larger interests should precede the lesser. Then consenting parties and covenantors. After these, those who … the tenure is never expressed, except upon a sub-grant or lease reserving rent. In annuity deeds and money assignments, the phrase 'To have, hold, receive, and take' is the common form of habendum. (h) Declaration of Uses

Specific performance

(1) (d) of the (English) County Courts Act, 1934. See Fry on Specific Performance. Specific performance is an equitable relief and he who seeks equity can be put on terms to ensure that equity is done to … for the specific performance of contracts between vendors and purchasers of real estates, including contracts for leases, are assigned to the Chancery Division of the High Court of Justice. Specific performance may be obtained up to 500l.

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