'HE STUDENTS GUIDE
AND PERSONAL PROPERTY
Xndermaur and th waives
^&i5^ %\\iii CSiHoa i
SOLICITORS'
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RMEDIATE
UNIVERSITY
OF CALIFORNIA
Prizeman,
LOS ANGELES
f Common
" Epitomes
SCHOOL OF LAW
OHAELES
LIBRARY
1880 ; and
Lid Eeardon
" A Guide
th Students
W. JOH
No vein
Law,"' " Man
of Leading (
THWAITES
lieal Property
Prizeman, ar
to Criminal I
for the above Examinations in class, privately, or through
the post.
A four months' course of reading is recommended for the
Solicitors' Final Examination, and a longer period is often
advisable if the Student has neglected his reading or is specially
desirous of taking Honours.
A three months' course of reading is recommended for the
liar Einal and for the Solicitors' Intermediate.
Pull particulars can be obtained, either personally or by
letter, from Mr. Indeemaue or Mr. Thwaites, at
22, CHANCERY LANE, LONDON.
Demy 8vo. (419 pages). Published at Itis. ; Cash 13s. ; or Post Free, for Cash with Order, 13s. 6d.
SECOND EDITION. REVISED AND ENLARGED.
A MANUAL OF THE PRINCIPLES OF EQUITY
(Together witli a SUPPLEMENT, bringing the Work down to date).
A Concise and Explanatory Work on E(|uity , specially AYritten for Students, and intended in particular
as a complete Text-Book for Students for the Solicitors' Final Examination,
By JOHN INDERMAUR, Solicitor,
Author of " Principles of Common Iaiw," " Epitomes of Leadiin/ f'ase.i,'" « Mnmial of I'niclici-" etci etc.
OPINIONS OE THE PJtESS OX THE SECOND EDITION.
"This manual is an excellent one for the purposes for which it is primarily intended, and tho-
roughly deserves its popularity. It is clear throughout, and the effect of the leading cases
admirably stated. For all that, its size precludes it from being of great assistance to the profession.
They will turn as heretofore to the larger works on the same subject, such as White and Tudor s
Leading Cases in Equity. But, as .Mr. Indeioiaur states in the preface to his first edition, the first
object of the book is to assist students. For this purpose it is well suited, and there is no doubt that
the careful student will gather from its pages a fair general knowledge of the Principles of Equity.
Though intended as a means of preparation for the Bar and Solicitors' Examinations, it is consider-
ably more than a mere ' cram ' book and a collection of examination ' tips.' The student will gain a
real insight into Chancery law by its perusal. The cases cited are ample for the student's purpose,
and it is, we think, a great merit of the book that it is not overloaded with cases in which no new-
principle is laid down. By the multiplication of compuratively unimportant cases, the student's
mind is often confused, and the principles of equity lost sight of. Mr. Indermack's Index is excel-
lent, and the Appendix contains a useful selection of extracts from recent statutes affecting trustees.'
—Law 7'imps, l.ith February, liSitU.
'> The first edition of this little book was published in 1886, and so well has it been received by
students that a new issue is now called for. Mr. Indermaur's experience in writing for students has
been acquired in the course of a long career of successful coaching, which has enabled him to put
clearly and concisely before his readers just that which will be of most service to them. The book
has been amplified and carefully revised, and some portions cf it have been practically re-written. —
Lajc Journal, Kth .March, lSi)U. . .
" When we received the first edition of this work we mentioned that its defect, m our opinion,
was that it was not wide enough nor deep enough. In the pre-ent edition the author has endeavoured
to meet this by somewhat enlarging the scope of his work. Like all Mr. Indermaih s works the
matter treated of is excellently dealt with." — Gibson's Law Notes, February, 189U.
LONDON: GEO BARBER, Ifi, (TRSITOU STREET. CHANCERY LANE.
Demy 8vo. Price 5s. 6d. ; Cash, 4s. t:d. ; or Post Free, 4s. !id. THIRD EDITIO.N.
The STUDENT'S Guide to Prideaux-s Conveyancing,
By JOHN INDERMAUR. Solicitor, &c..
Author of " Principles of Common Laic," "■Manual of Practice," "■Manual of the Principles of Equitii"
'•^ Epitomes of Leadimj Cases," etc., etc..
Being NOTES ON PRIDEAUX (15th EDITION), Interleaved for the Use of Students.
And with a Set of Test Questions on the Work ; Epitomes of various Acts of Parliament, including
the Vendor and Purchaser Act, 1874 ; The Conveyancing Acts, 1881 to 1892; The Settled Land
Acts, 188'2 to 1890 ; The Trustee Act, 1888 ; The Trust Investment Act, 1889.
A FEW OPINIONS OF THE PHESS ON THE SECOND EDITION.
" Mr. Indermaur has furnished the student with a very useful book to guide him in his study of
the larger work by Prideaux. Pages 1-:18 cont lin a series of carefully prepared notes (supported in
manv instances by reference to recent decisions) upon the system of conveyancing— the duties,
obhgations, and liabilities of parties, and the nature of the various estates. These notes ar_' inter-
leaved to enable the student to add tj them. Pages :v.)-'>i) contain a set of test questions, with
references after each question to the pages in Prideaux where the answer may be found. The
advantage of studv by 'question and answer' is too well appreciated to need commendation here.
The remainder of the work (pages 51-90) consists of an epitome of the Vendor.s' and Purchasers' Act,
1874, Conveyancing and Law of Property Act, 1881, Settled Land Act, 1882, Conveyancing Act, 1882,
and the Married Women's Property Act, 1882. Precedents of forms are given under the Conveyancing
Act, 1881, and, at the end of each epitomised statute, the author briefly comments upon the changes
thereby effected in the law." — Law Times, .July 21, 188H.
"■] his appears in a second edition. The book is a scries of Notes on Prideaux's Conveyancing,
and will save students the labour of annot.ating that work for themselves. ... A set of test
questions and an epitome of the leading statutes are added for the benefit of the student."~/'«my<
Court, May, 1885.
*' Mr, indermaur has improved the first edition of his little book. The extreme lucidity and
accuracy of Prideaux's • Conveyancing,' make it peculiarly suitable for use by students, and they will
find Mr." Indermaur's edition jiist what they refimre."— Law .Journal, Ifi May, 1885.
" .Mr. Indermaur's Manual is a neat little book, and looks as if its success (for it has quickly
reJiched a second edition) was well deserved."— T"/!*- L<(w (iuarterly lieviev.
Published by GEO. BARBEH, at the Office of the " Law Students' .lournal," 16, Cursitor Street, E.C.
THE STUDENT'S GUIDE
TO
REAL AND PERSONAL PROPERTY
THE
STUDENT'S GUIDE
TO THE LAW OF
EEAL & PEESONAL
PEOPEETY.
BY
JOHN INDERMAUR, Solicitor,
First Prizeman, Michaclmcui, 1S72;
AiTiioii OK "ritiNciiM.KS uv Common Law," "Manual or EyiiTV," "Manial ok ruArrirE,"
"TnF Stident's riuiDE TO Trusts and PARTNErtsiiip," " The Stihent's
ririnE TO Common I<aw," Kt<'., Ktc.
AND
CHARLES THWAITES. Solicitor,
First Pri:e})in II. June. 1S80; Reardoii Priccman : Scott Schnhn- : Coiu'ei/ancing
Gold Medallist, Ktc. ;
Ariiioii OK "A f5tii>E To CiiiMiNAi. Law," Ktc, Kti-.
THlRh ElilTlOX.
T, ON DON :
PRINTED AND TUBLISHE]) DY GEO. BARBEK,
"LAW STUDENTS' JOUKNAL " OFFICE,
Hi .»t 17, CURSITOK STliEKT, CHANCKRY T-ANE, E.C.
189;^.
Price Ten S/iillin(/s,
LONDON :
PRINTED BV GEO. BARBER, CURSITOR 3TREKT,
CHANCERY LANE, E.C.
T
TnZAs
ADVERTISEMENT TO THIRD EDITION.
The Second Edition of this Guide was puhlished in
Marcli, 18H9, and has now he.en out of print for some
time. The Authors have therefore prepared this Edition,
in which the whole matter has been thoroughly reconsidered
and revised, and a selection of Questions and Answers at
past examinations given down to, and including, the last Bar
Final. Many former Questions and Answers have been
eliminated, and every endeavour has been made to avoid
repetition and keep the work within a reasonable compass.
The work forms the Fourth of the series of Guides to
the Bar Final, the first being on Trusts and Partnership,
by Mr. Indermaur, a Second Edition of which has been
published; the second on Criminal Law by Mr. Thwaites,
of which a Third Edition has been published ; the third
on Common Law and Practice by Mr. Indermaur, of
which a Second Edition has been published ; and the fifth
on Specific Performance and Mortgages, by Mr. Indermaur
and Mr. Thwaites.
Mr. Indeemaue, assisted by Mr. Thw-aites, continues
to prepare Students, ])oth in class and privately for the
Bar Final Examinations, Solicitors' Final (Pass and
Honours) Examinations, and the Solicitors' Intermediate
Examinations. Particulars on application, personally or
by letter, to Mr. Indennaur, '22, Chancery Lane, W.C,
May, 1893.
>^jr.:>9 0,^0
CONTENTS
I. The Course or Reading
II. Epitomes of Statutes —
(1.) Epitome of the Couveyaucmg Act 1881
(2.) „ „ - „ 188L>
(3.) „ „ „ 1892
(4.) ,, ,, SettledLand Act 1882
(5.) „ „ „ 1884
(6.) „ „ „ 1890
III. List of Imtortaxt Statutes
PACiE
1
22
27
29
39
41
45
IV. Test Questions on the Law of Keal and Personal
Property ......... 48
V. Digest of Questions and Answers on the Law of
Real and Personal Property —
(1-
(2.
(3.
(4.
(5.
(6.
(7.
(8.
(9.
(10.
(11.
(12.
(13.
(14.
'15.
Introductory
Tenures, Estates, &c. .
Life Estates, Settled Land Acts, &c.
Estates Tail
Devolution on Death .
Ownership ....
Future Estates and Interests
Uses and Trusts
Alienation Inter Vivos
Wills ....
Husband and Wifi; — Settlements
Incorporeal Hereditaments
Copyholds
Lcaseljolds, &c.
Mortmiu'cs, iS:c.
(1(5.) Title and Miscclluin'ous I'oiut.-
59
65
69
81
85
93
98
116
122
134
147
155
1 02
166
173
182
THE STUDENT'S GUIDE
TO THE LAW OF
EEAL & PERSONAL PROPERTY.
I.— THE COUKSE OF BEADING.
The design of this Guide is to assist law students in general,
and in particular those reading for the Bar Final Examina-
tion. We propose to give our readers general advice and
assistance by suggesting what they should read, furnishing
them with certain material to read, giving a set of
test questions, and finally concluding with a digest of
questions and answers framed from the actual questions
hitherto asked at the Bar Final.
The Council of Legal Education have now prescribed a
course of study for the Bar Final which they estimate will
cover a period of two years. The following is a condensed
copy of the prospectus issued in 1892 : —
Iter/ulations .
1. Candidates for the Pass Examination will be examined at their
option in any three of the following subjects, in addition to Roman Law —
I. Elements of the Law of Real and Personal Property.
II. Elements of the Law of Contracts and Torts.
III. Principles of Equity, Trusts, and Easements.
IV. Procedure and Evidence.
V. Constitutional Law and Legal History.
Such Candidates will also be examined in one of the following group
of subjects. A, B, C, such group to be selected by the Candidate —
Purchases and Leases.
Mortgages.
Settlements and Wills.
Negotiable Instruments.
B \ Agency in Mercantile Contracts.
Contracts of Sale of Goods.
2 THE STUDEXT'S GUIDE TO THE LAW OF
i Administration of Assets on Death.
Specific Performance.
Partnership and Winding-up of Companies.
2. Candidates for Honours will be examined in all the above subjects.
3. Up to January, 1894, both for Pass and Honours Examinations
the above subjects will be examined upon so far only as treated in the
lectures and classes since January, 1892 ; and after January, 1894, so far
only as treated in the lectures and classes during the two years preceding
each Examination.
The Honours Examinations in connection with the Bar
Final are now held twice in each year. They are open
to students who are under 25 years of years. At each such
examination one studentship of £105 yearly for three years
is awarded and certificates of honour are also awarded, and
a pass certificate entithng to call to the bar without further
examination may be awarded to any candidates who do not
get honours. We understand that a student who has passed
the Bar Final can subsequently sit for the Honours
Examination before he is called.
The student who desires to attain a thorough knowledge
rather than to merely satisfy the very reasonable demands
of the examiners will find the following a good course of
reading : —
1. Eead Williams' Eeal Property.
2. Bead Wilhams' Personal Property.
3. Bead Goodeve's Modern Law of Beal Property.
4. Bead Goodeve's Law of Personal Property.
5. Make a separate reading of the Conveyancing and
Settled Land Acts.
6. Bead Smith's Compendium of the Law of Beal and
Personal Property.
7. Bead Tudor' s Leading Cases on Conveyancing.
8. Bead the portions of Elphinstone's Introduction to
Conveyancing and of the dissertations in Prideaux's
Conveyancing, referring to some of the Precedents.
9. Specially analyze and consider the Statutes, of which
a list is given in this work {post, page 45).
REAL AND PERSONAL PROPERTY. 3
We think that the works might well he read in the order
ahove detailed; but certainly, to conclude, Williams' Keal Pro-
perty and Williams' Personal Property, or Goodeve'sKeal Pro-
perty and Goodeve's Personal Property should be read again.
With regard to Tudor's Conveyancing Cases, if the
student should not be able to read the whole work, we give
a list of the most important cases, and would remark that
the notes to these cases are even more important than the
cases themselves : —
Alexander v. Alexander.
Bowles' (Lewis) Case.
Braybroke (Lord) v. Inskip.
Cadell v. Palmer.
Corbyn v. French.
Elliott V. Davenport.
Fox V. Bishop of Chester.
Gardner v. Sheldon.
Griffiths V. Vere.
Hanson v. Graham.
Morley v. Bird.
Pawlett V. Pawlett.
Kichardson v. Langridge.
Shelley's Case.
Stapleton v. Cheales.
Sury V. Pigot.
Tyrringham's Case.
Viner v. Francis.
Wild's Case.
The really industrious student will read these cases and
notes from " Tudor," but in doing so, he will find it an
advantage to have by him " Indermaur's Epitome of Lead-
ing Conveyancing and Equity Cases," which contains all the
above ; and, having read the particular cases and notes in the
large volume, he can then turn to the Epitome and read that,
and. very likely, may be able to add to the notes there. In
B 2
4 THE student's GUIDE TO THE LAW OF
default of reading the large work, a perusal of the cases and
notes in the Epitome will be of service.
With regard to the Conveyancing and Settled Land Acts
the student should read any good edition, say Wolstenholme
and Turner, or Hood and ChalHs. If time permit, he will
find the notes following the various sections of great service.
Some of the sections are long and complicated, and an
Epitome of the Acts will manifestly be of service. We have
therefore given such an Epitome (see post, page 6), and this
should be studied in conjunction with the Acts ; the condensa-
tion of the sections will tend to impress their provisions on the
student. Some students may perhaps only find time to go
through the Epitome, though here and there they will find
it necessary to refer to the Acts.
Smith's Compendium is a hard work, and one upon which
it will be found very useful to take notes during the reading.
The student who does not care to tackle Smith, but wishes
to read something besides Williams and Goodeve will find
a perusal of Edward's Compendium of the Law of Property
in Land repay him well for the time spent on it.
As to taking notes, they are useful in moderation, but
great moderation should be observed. It is useless to put
down in a note-book a lot of points merely for them to stop
there and not be remembered.
With regard to our list of Statutes, a great many of them
will be found sufficiently touched upon in the works we have
set for the student's reading, but if time permit, it will be
found very advisable to also consider them separately, either
by reference to the text books, or, in some cases, to the
Statutes themselves, and, to save time, an epitome of them
will be found extremely useful. We recommend Marcy's
Epitome of Conveyancing Statutes ; and as to the Convey-
ancing and Settled Land Acts, we have already dealt with
them specially, and given in this work our own Epitomes of
them (see j>o-';^, page 6).
REAL AND PERSONAL PROPERTY. 5
Thus, then, we have mapped out for the student what we
consider a very thorough course of reading. We wish now
to deal with students who have not time, or who are not
wilhng, to go through so much, and to these we would say,
omit Smith's Compendium and Tudor's Conveyancing Cases,
but do not fail to reeid the cases given (and the notes) in
Indermaur's Epitome of Conveyancing Cases. A separate
study of the Statutes, other than the Conveyancing and
Settled Land Acts, may no doubt also be omitted. All
should, however, strive to commit to memory the references
or short titles of the most important of the Statutes.
Finally, we have to deal with those who will not, or
cannot, even go through this modified course, meaning to do
only what is actually essential. To such we can only say,
omit also Williams' Eeal Property and Wilhams' Personal
Property, and Prideaux, and that will leave for essential
study Goodeve's Eeal Property, Goodeve's Personal Pro-
perty, Elphinstone's Conveyancing, the Conveyancing and
Settled Land Acts, Epitome of Cases, and something in the
shape of a consideration of the Statutes. If time is very
pressing we may also add that it may be sufficient as regards
Goodeve's Personal Property to read only Chapters 6, 13,
16 and 20.
All classes of readers should, however, carefully study the
Test Questions, and the Digest of Questions and Answers
given in this work (see^os^, pages 48 and 59, et seq). As to the
Test Questions, they should be considered and studied during,
or directly after, a perusal of the text books, and it will be
excellent practice to write out answers to the Test Questions,
or, at any rate, to a number of the more important of them.
These Test Questions are mainly founded on Mi-. Wilhams'
and Mr. Goodeve's works. The final study with every one,
to conclude the course of reading, should be the Digest of
Questions and Answers, for by means of those the student's
knowledge is focussed and brought as it were to a point.
THE student's GUIDE TO THE LAW OF
II.— EPITOME OF THE CONVEYANCING AND
SETTLED LAND ACTS.
44 & 45 Vict., C. 41.
Conveyancing and Law of Property Act, 1881.
(Gojnmencement of Act, 1st January, 1882.)
Part I. — is Preliminary and gives Definitions.
Part II. — Sales and other Transactions.
Sec. 3. — (1.) Under a contract to sell and assign a term
of years derived out of a leasehold interest in land, the in-
tended assign has no right to call for the title to the lease-
hold reversion.
(2.) A purchaser of enfranchised copyholds has no right
to call for the title to make the enfranchisement.
(3.) A pm'chaser not to require any abstract or copy or
production of any instrument affecting title prior to time
prescribed (by law or agreement) for commencement of the
title, even although the same creates a power subsequently
exercised by an instrument abstracted in the abstract fur-
nished to purchaser ; and no prior enquiry to be allowed ;
and recitals in abstracted documents as to prior title to be
presumed coiTect unless contrary appears.
(4.) Where land sold is held by lease (not including
underlease), purchaser shall assume, unless the contrary
appears, that the lease was duly granted ; and on production
of receipt for the last payment due for rent, shall assume,
unless the contrary appears, that the rent and all covenants
have been duly paid and performed up to completion.
(5.) Where land sold is held by miderlease, the purchaser
shall assume, unless the contrary appears, that the under-
lease and every superior lease were duly granted ; and on
production of receipt for the last payment due for rent,
EEAL AND PERSONAL PROPERTY. 7
shall assume, unless the contrary appears, that the rent
and covenants have been duly paid and performed up to
completion of the purchase, and further that all rent due
under every superior lease, and all covenants therein have
been duly paid and performed up to that date.
(6.) On a sale of any property, the expenses of the pro-
duction and inspection of all documents not in the vendor's
possession, and the expenses of all journeys incidental to such
production or inspection, and all other expenses relating
thereto, and all attested, stamped, office or other copies
thereof, shall be borne by the purchaser ; and where the
vendor retains possession of any document, the expenses of
making any copy which a purchaser requires shall be borne
by such purchaser.
(7.) On a sale of any property in lots, a purchaser of two
or more lots, held wholly or partly under the same title,
shall not have a right to more than one abstract of the
common title, except at his own expense.
(10.) This section applies only to sales made after 1881.
Sec. 4. — Where any person dies after 1881, leaving a
contract enforceable against his heir (or devisee) for the sale
of the fee simple or other freehold interest descendible to his
heirs general, his personal representatives shall have power
to convey the same.
Sec. 5. — Where land subject to any incumbrance is sold,
the Court may, on application of any party to the sale, allow
payment into Court of a sum sufficient to meet such incum-
brance, and any costs and interest (not usually exceeding
one-tenth of original amount paid in), and thereupon Court
may declare land to be freed from such incumbrance. The
Court has power afterwards, on notice to persons interested
in the fund paid in, to direct transfer thereof.
Sec. 6. — In conveyances made after 1881, the ordinary
" general words " formerly inserted after the parcels are
deemed to be included.
8 THE student's GUIDE TO THE LAW OF
Sec. 7. — (1.) In conveyances, settlements, assignments,
mortgages, &c., made after 1881, if grantor is expressed to
convey as beneficial owner, the ordinary covenants for title
(as heretofore inserted) shall be implied. (2.) Where a
conveyance is made by a person by direction of the beneficial
owner, such beneficial owner shall be deemed to convey as
beneficial owner, and covenants on his part shall be implied
accordingly. (3.) Where, in a settlement, the grantor con-
veys as settlor, a limited covenant for further assurance is
implied. (4.) When any person conveys as trustee, or as
viortgagee, or as jpersonal representative of a deceased person,
or as committee of a lunatic, or under an order of Court, a
covenant is implied that such person has not incumbered.
(5.) Where husband and wife convey as beneficial owners,
the wife to be deemed to convey by direction of husband,
and, in addition to the covenant implied on the part of the
wife, there shall be implied (a) a covenant on the part of the
husband as the person giving that direction, and (b) a
covenant on the part of the husband in the same terms as
the covenant implied on the part of the wife. (6.) Section
not to extend to leases at a rent, or to any customary
assurance except a deed conferring right to admittance.
Sec. 8. — In sales after 1881, purchaser not to be entitled
to require that deed shall be executed in his solicitor's pre-
sence, but, at his own cost, can nominate a person (who
may, if he thinks fit, be his solicitor) to attest vendor's
execution.
Sec. 9. — Where a person retains possession of documents
and gives to another an acknowledgment in writing of the
right of that other to production of those documents and to
delivery of copies thereof, or an undertaking in writing for
safe custody thereof, such acknowledgment and undertaking
respectively, shall have generally the same effect as the
ordinary covenants for the purpose heretofore entered into,
and shall satisfy any liability to give any such covenants.
REAL AND PERSONAL PROPERTY. 9
Part III. — Leases.
Sec. 10. — In leases made after 1881, the rent and benefit
of lessee's covenants and conditions of re-entry are to run
with reversion, notwithstanding severance of reversionary