A Treatise on Conveyancing with a View to Its Application to Practice (Volume 2) (Paperback)

This historic book may have numerous typos or missing text. Not indexed. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1809. Not illustrated. Excerpt: ... Of Deeds declaring the Uses of Fines. In deeds of this description, there is arl interval between the time when the fine is levied, and the date of the declaration of the uses. The presumption of law is, that the use results to the former owners, immediately after the fine is levied; and it is an acknowledged rule, that when there is no declaration of uses, or as far as th declaration of uses does not extend, or is ineffectual, the use will result to the former owners, according to their respective interests at the time when the fine was levied; but the law allows of a declaration of uses, at any time in the life of those parties by whom the fine is levied. The law on this point was fully considered in Dowman's case (a). In that case, a recovery was suffered in pursuance of an agreement, and no uses were declared by that agreement. After the recovery had been suffered, and by a deed reciting the recovery, uses were declared; and this deed, and the uses, were found by special verdict; and one of the questions moved and argued in the case, was, if the r (a) 9 Co. 7. b. - said indenture, made after the said recovery, was sufficient in law to direct and declare the uses of the said precedent recovery. And it was argued, that the said indenture was not sufficient to declare and direct the uses of the said precedent recovery, for five reasons and causes: --1st, When a recovery is suffered (it being without consideration), immediately after the recovery the law ' adjudges it to be to the use of him who suffers the recovery, and his heirs; then, when the use, in the case at bar, was vested in Peter Vavisor immediately after the recovery executed before the said indentures made, this use so vested cannot be divested by any declaration or agreement ...