The Conveyancing And Law of Property Act 1881 And the Solicitors Remuneration
The Conveyancing And Law of Property Act 1881 And the Solicitors Remuneration
George Meryon White
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Apparently section 50 does not do away with the necessity of the husband's concurrence in a conveyance by the wife to another person, although the property was conveyed by her husband to her for her separate use. On the question of consideration see Dart 5th Edit. 890. It may be mentioned that there is no use in stating imaginary considerations ; it is true that sect. 55 makes the receipt for consideration " sufficient " evidence in favour of a subsequent purchaser without notice, but then as t...he law stands a voluntary conveyance cannot be avoided against a purchaser for value tuith notice tliat his vendor is a volunteer. The mere absence of expressed consideration will not make the conveyance inoper- ative; so long as the words "to the use of" the grantee are inserted, the use cannot result. See notes to Tyrrell's Case, Tudor's Leading Cases. Qiicere whether this is not also the case by virtue of sect. 50. The formalities prescribed by the Fines and llecoveries Act must still be observed in conveyances by a married woman.
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