Complete Series of Precedents, Vol. 2 of 2 PDF Download

Author: George Crabb
Publisher:
ISBN: 9781331892106
Category : Law
Languages : en
Pages : 682

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Book Description
Excerpt from Complete Series of Precedents, Vol. 2 of 2: In Conveyancing and of Common and Commercial Forms, in Alphabetical Order, Adapted to the Present State of the Law and the Practice of Conveyancing; With Copious Prefaces, Observations and Notes on the Several Deeds I. Nature of a Conveyance. Sect. 1. The term conveyance signifies in its most general acceptation the conveying any estate or interest, and in this sense it is equally applicable to real and personal property; and extends not only to cases where an estate is created, and passes from one to another, as by feoffment or gift, &c., but also to those where an estate is enlarged, restrained or extinguished, as releases, confirmations or surrenders, and also to those where an estate is charged or discharged, as bonds, recognizances and defeazances. This term is frequently used in its general sense, where, in a more limited sense, it would not apply, as in speaking of voluntary conveyances, fraudulent conveyances, conveyances for a valuable consideration; also conveyances by infants, trustees and persons under disabilities: see also conveyances under the Stamp Acts, infra, sect.5 et seq. 2. The term conveyance is, however, more commonly taken in a limited acceptation, for a conveyance of lands or other real property; and in this acceptation it is distinguished as to its form into conveyances at common law, and conveyances under the Statute of Uses. 3. Common law conveyances are such as operate by transmutation possession, as feoffments, gifts, grants, leases, exchanges, partitions, confirmations and surrender, some of which, as a feoffment, might, before the Statute of Frauds, have been made without deed by livery of seisin only. 4. Conveyances to uses, on the other hand, are such as operate without ti-ansmutation of possession under the Statute of Uses, such as bargains and sales, covenants to stand seised to uses, and appointments. II. How Affected By The Stamp Acts. 5. Conveyances under the Stamp Acts may be considered under the following heads: 1. As to what is deemed a conveyance or sale under these acts, and what property to be conveyed; 2, By whom conveyances may be drawn or otherwise; 3. The consideration to be expressed in the instrument; 4. Amount of the st& 5. The instrument liable to the stamp duty; 6. Exemptions from the stamp duty. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.