The Partition Acts 1868 1876 a Manual of the Law of Partition And of Sale I

Cover The Partition Acts 1868 1876 a Manual of the Law of Partition And of Sale I
The Partition Acts 1868 1876 a Manual of the Law of Partition And of Sale I
Walker, W. Gregory (William Gregory), 1848-1910
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N. 1869, 75 ; Undericoocl v. Stewardson, 20 W. R. 668 ; Harper v. Bird, 23 W. K. 646.
Conditional contract for sale.
Partition under the Acts.
Partition aiid sale.
No commission issued.
Form of decree.
32 THE PARTITION ACT, 1868.
Sale subject to executory devise over.
Minerals.
Jurisdiction.
have been settled by the Master of the Eolls, is now regarded in the Eegistrars' office as the typical form of decree in cases where the title has not yet been proved ; and, recently, Hall, V. C, has refuse
...d to follow the form of his own decree in Harper v. Bird, saying that the form of order in Mildmay v. Quiche was the one which was now acceiDted, and the one which he should adopt (Lawe V. Storey, W. N. 1876, 141). In the Appendix are several decrees and orders, which, it is thought, will be found to meet most of the requirements of actions for partition or sale.
A sale has been directed of a freehold estate subject to an executory devise over. E. Carbert, by his will in 1846, gave to his wife Elizabeth all his estate and effects during her widowhood, and on her second marriage he willed and bequeathed his estate and effects to Sarah Ann Carbert his daughter, and all other children he might have by his wife, for them and their heirs for ever.


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