Page images
PDF
EPUB

ON THE

PRESENT LAWS OF ENGLAND

BY

THOMAS BRETT,

OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW;

LL.B. LONDON UNIVERSITY;

B.A., LATE SCHOLAR AND STUDENT OF TRINITY COLLEGE, DUBLIN; EXHIBITIONER IN
REAL PROPERTY AND EQUITY; HOLDER OF THE FIRST CERTIFICATE OF
HONOUR, MICHAELMAS, 1869;

JOINT AUTHOR OF CLERKE AND BRETT'S CONVEYANCING ACTS; AUTHOR OF
BRETT'S BANKRUPTCY ACT, 1883,

AND OF LEADING CASES IN MODERN EQUITY; AND LATE LECTURER IN EQUITY TO
THE INCORPORATED LAW SOCIETY.

Second Edition.

IN TWO VOLUMES.-VOL. II.

LONDON:

WILLIAM CLOWES AND SONS, LIMITED,

27, FLEET STREET, E.C.

[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small]

CHAPTER III.

ADMINISTRATION.

Statement of the principle on which the jurisdiction of the Court is based
-By whom proceedings for administration may be commenced-Great
changes in the law and practice with regard to administration

547-554

CHAPTER IV.
PARTITION.

State of the law before the Partition Act of 1868-Statement of the
principal provisions of the Partition Act of 1868 (31 & 32 Vict. c. 40),
and the Partition Act, 1876 (39 & 40 Vict. c. 17), and review of the
principal decisions thereon..
555-558

[ocr errors]

CHAPTER V.

MORTGAGES-CHARGES-LIENS.

General principles of the Court as to foreclosure and redemption-Change
in form of judgment-Present form of judgment-Relief now obtained
by originating summons-Form of summons-Not applicable where
personal judgment sought-Form of order-Period for redemption-
Account against mortgagee in possession-Final judgment, nature of
-Opening foreclosure-No power to add to judgment-Parties to
action-Mortgagee's costs-Real Property Limitation Act-Doctrine
of vendors' lien for unpaid purchase-money-To what property it
extends - How it is lost-Purchaser's lien for prematurely paid
purchase-money-When it arises-Form of order declaring charge-
Who is entitled to redeem-Law as to tender of amount due
Provisions of Conveyancing Act with reference to mortgages

559-571

CHAPTER VI.

SPECIFIC PERFORMANCE.

Specific performance of a contract defined-Principal grounds on which
the Court grants or declines to enforce specific performance stated-
The jurisdiction discretionary-General rule that mutuality of obliga-
tion is necessary-The fourth section of the Statute of Frauds-Cases
in which contracts not in writing may be specifically enforced-The
law as to part performance considered-" Estoppel by representa-
tion"-Law as to voluntary settlements-Specific performance with
compensation-Law as to penalties-General rule that no damages
given for loss of bargain in contracts for sale of land-Law as to
contracts contained in a series of letters-Summary of law as to

Definition of injunction-Changes introduced into practice by the Judi-
cature Act-Divisions of injunctions into interlocutory, final, pro-
hibitive, mandatory-Provisions of the 25th section of the Judicature
Act, 1873, and decisions thereon-The law as to injunctions considered
with reference to-Letters-Libel-Light-Mortgage-Nuisance-
Patent-Photographs-Restraint of trade-Restrictive covenants-
Specific performance-Trustees-Waste-Forms of notice of motion
and order for injunction-Reference to authorities-Law as to clubs
588-599

[ocr errors]
[ocr errors]

The Partnership Act, 1890-Heads under which the subject of partnership
is treated in the Act-Definition of partnership-Rules for deter-
mining the existence of partnership, &c.-Essentials of partnership-
Different kinds of partnerships-Ostensible-Nominal-Dormant-
Sub-partnerships-Relations of partners to persons dealing with them
-Power of partner to bind firm, &c.-The liability of the firm for

« PreviousContinue »