A Treatise On the Law And Practice Relating to Vendors And Purchasers of Real Es

Cover A Treatise On the Law And Practice Relating to Vendors And Purchasers of Real Es
A Treatise On the Law And Practice Relating to Vendors And Purchasers of Real Es
J Henry Joseph Henry Dart
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Wifes v. Woodward, 5 Ex. 557 ; (0) Right V. BuchieU, 2 B. & Ad. Jlurton v. IFestminsler I. Commrs. , 912 EFFECT OF CONVEYANCE ON RELATIVE Chap. XIV. Of an estoppel, unless it be contradicted by otlier parts of the Sect, s same deed (s) . A covenant tliat a mortgagor has power to convey the legal estate is not such a precise averment that he has the legal estate as to create an estoppel; and it is more than doubtful wliether an estoppel can in any case be created by a covenant (/). A mortgagor w...ho has attorned tenant to his mortgagee, is estopped from dis- puting his title, or his riglit to distrain {n) ; and this doctrine of estoppel, which depends on the agreement be- tween tlie parties to create the relation of landlord and tenant, has, at Law, been applied to a case where it was apparent on the face of the deed, which was not executed by the mortgagee, that tliere was no legal reversion to support the right to distrain (. /•) . A recital in a mortgage deed that the mortgagor is indebted to the mortgagee, and has agreed to secure the sum by a mortgage, creates no estoppel as against a subsequent mortgagee for value {y).

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