Law Library Volume 7 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1835 edition. Excerpt: ...c. 25, s. 7, viz., " That no person or persons shall be allowed to have any vote in the election of members to serve in Parliament, for or by reason of any trust estate, or mortgage, unless such trustee or mortgagee be in actual possession or receipt of the rents and profits of the same estate. But that the mortgagor, or cestui que trust in possession, shall and may vote for the same estate, notwithstanding such mortgage or trust." Under this act it is held, that where a person is let into possession of an estate on an agreement to purchase, or has paid the vhole or any part of the purchase-money, or done any other act in part performance of the agreement, he has such an equitable freehold as will entitle him to vote;(c) unless the purchase has not been completed through the default of the vendee, then the vendor has the right of voting.(d) But a devise to the wife of the devisor for life, then to trustees, to sell for payment of debts and legacies, and the surplus to be divided amongst R. B., the voter and his brothers, the widow had died two years before the election, the vote was allowed on the ground that the voter took an equitable interest.(e), 323., Where the mort a ee was in ossession of land not fore--I 8 g P closed, the profits of which exceed by 40s. the interest of the mortgage money, the mortgagor was allowed to vote.(_f) 1n practice, however, it is considered, that if the mortgagee does not hold adversely to the mortgagor, he has no right of voting; as if in, by permission of the mortgagor, mortgagee has no vote. When a father, without any agreement in writing, gives land to his son without any stipulation, on which the son has expended money in building, he has no vote. But it is questionable whether or not he...