Recent Real Property Statutes; Comprising Those Passed During the Years 1874-1877 Inclusive - Consolidated with the Earlier Statutes Thereby Amended, with Copious Notes (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 Excerpt: ...the order, and, instead thereof, may direct advertisements4 to be published at such times and in such manner as the Court shall think fit, calling upon all persons claiming to be interested in such property who have not been so served to come in and establish their respective claims in respect thereof before the judge in chambers within a time to be thereby limited. After the expiration of the time so limited all persons who shall not have so come in and established such claims, whether they are within or without the jurisdiction of the Court (including persons under any disability), shall be bound by the proceedings in the action as if on the day of the date of the order dispensing with service they had been served with notice of the judgment, service whereof is dispensed with; and thereupon the powers of the Court, under the Trustee Act, 1850, shall extend to their interests in the property to which the action relates as if they had been parties to the action; and the Court may thereupon, if it shall think fit, direct a sale of the property and give all necessary or proper consequential directions. 1 Under the Act of 1868 (u) it had been held that the Court need not make an order for sale or partition in the absence of any of the (u) See sect. 9, ante, p. 134. persona interested (x), but that an order could be made if such per-39 k 40 sons were proved to be abroad (y). And where a person who, if Vict. c. 17, living, would be entitled to one twenty-fourth of the property, had not been heard of for fourteen years, a sale was ordered in his absence (z). It was also held that, where one of seven tenants in common had not been heard of for seventeen years, a good title to the property could be made by the other six (o). a On the other hand, where a defendant e...