Notes On Common Forms : a book of Massachusetts Law
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Cas. H. & W. Notes, p. 609, 620. — 5 Gray 334.
It appears to be questionable how far the above rule as to the estoppel of a warrantor is applicable to his heirs. It seems thai the heirs will not be estopped in case their ancestor was disseized at the time he gave his warranty. Bates v. Nor- cross, 17 Pick. 14, 19. Compare Slater v. Rawson, 1 Met. 450.
— 6 Met. 439. Perhaps heirs. will not be estopped unless they have received from their warranting ancestor assets of a value at least equal to th...at of the estate to be affected by the estoppel. Bates v. Norcross, 17 Pick. 14, 21. — See also 2 Smith Lead. Cases, H. & W. Notes, p^ 642. — 5 Gray 334. — 13 Pick. 119. Possibly the estoppel of heirs will take effect only when a aok heir of the warrantor acquires the paramount title. See 17 Pick. 22, 17. But where an heir had given bond under the statute to pay all his ancestor's debts and legacies, a title which came to such heir before his ancestor's death was held to enure by way of estoppel or rebutter to his ancestor's grantees, without regard to the amount of assets received by such heir, and although, at the time when the question of title was raised between such heir and such grantees, an action on the covenant of warranty was barred by the statute of limitations.
What to read after Notes On Common Forms : a book of Massachusetts Law?
You can find similar books in the "Read Also" column, or choose other free books by Uriel H Uriel Haskell Crocker to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Cas. H. & W. Notes, p. 609, 620. — 5 Gray 334.
It appears to be questionable how far the above rule as to the estoppel of a warrantor is applicable to his heirs. It seems thai the heirs will not be estopped in case their ancestor was disseized at the time he gave his warranty. Bates v. Nor- cross, 17 Pick. 14, 19. Compare Slater v. Rawson, 1 Met. 450.
— 6 Met. 439. Perhaps heirs. will not be estopped unless they have received from their warranting ancestor assets of a value at least equal to th...at of the estate to be affected by the estoppel. Bates v. Norcross, 17 Pick. 14, 21. — See also 2 Smith Lead. Cases, H. & W. Notes, p^ 642. — 5 Gray 334. — 13 Pick. 119. Possibly the estoppel of heirs will take effect only when a aok heir of the warrantor acquires the paramount title. See 17 Pick. 22, 17. But where an heir had given bond under the statute to pay all his ancestor's debts and legacies, a title which came to such heir before his ancestor's death was held to enure by way of estoppel or rebutter to his ancestor's grantees, without regard to the amount of assets received by such heir, and although, at the time when the question of title was raised between such heir and such grantees, an action on the covenant of warranty was barred by the statute of limitations.
What to read after Notes On Common Forms : a book of Massachusetts Law?
You can find similar books in the "Read Also" column, or choose other free books by Uriel H Uriel Haskell Crocker to read onlineMoreLess
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