PAYMENT OUT OF COURT, married woman, to, 315, 735. Partition Act, of money in Court under, 734. Settled Land Acts, of money in Court under, 677, 716. administration of real estate, parties to action for, 400, 401. alienation, bond fide, good against creditors, 391, 400. unless administration action registered as lis pendens, 400. is equitable assets, 402. married women, in case of, 349, 403. assets, order of application, 402, 403. bankers in Ireland, conveyances to children void, 396. charge of debts on real estate, raising of money when there is, 411-414. by persons having limited interests, 395. of lands subject to executory devise over, 397, 398. copyholds liable for debts, 398, 410. debts, order of payment of, 406, 407. See DEBTS. within Administration of Estates Act, 1833, what are, 405. devisees, liable to simple contract debts, 398, 400. specialty debts, 389, 390, 392. sale by, 411, 413, 414, 415. trader, of, liability, 393. trust, in, may raise money by sale, 411-415. devises void against specialty creditors, 388. dower has priority over creditors, 369, 400. equitable assets, 402. equity of redemption applicable for, 399. escheat does not affect rights of creditors, 399, 401. executor, devolution to, of land for, 417. executor's power of sale for, implied, 413, 414. statutory, 414, 415. executory devise over, conveyance by heir when there is, 397, 398. fraudulent conveyance set aside after death of debtor, 388. heir, judgments against, effect of, 400. liability of, to debts of ancestor, 391, 392, 398, 400. liable to value of lands aliened by him, 391, 392, 398, 400. plea of riens per descent, 392. repairs by, retainer for, 391. retainer by, 391, 392, 409. trader, of, liability, 393. infant, compelled to convey to pay debts, 394, 395, 396, 397, 398. parol not to demur in action against, 393. judgment debts, payment of. See JUDGMENT. Land Transfer Act, 1897, provisions of, 417–428. See LAND TRANSFER lands, what are applicable for payment of debts, 399. legal assets, what are, 401, 402. limited interests, persons having, may convey fee, 395. mortgage debts, payment of, 428, 435. See REAL ESTATE CHARGES ACT. mortgage for payment of debts, 396, 397, 413, 414, 415. mortgagee may tack simple contract debts against heir, 203, 399. old law, as to, 387, 388. order in which assets are applied, 402, 403. debts are paid, 406-408. parties to action for administration, 400, 401. provisions for payment of debts or portions not affected by 1 Will. 4, c. 47..390. purchase, bond fide, good against creditors, 391, 400. purchaser, whether liable to see to payment of debts, 400, 416. rents of land applicable for payment of debts, 399. PAYMENT OF DEBTS OUT OF REAL ESTATE-continued. sale for payment of debts, Court may order, 401. devisee of beneficial interest, by, 413, 414, 416. simple contract debts, devisee liable for, 398. freehold and copyhold land applicable for payment specialty creditors, devisees liable to, 389, 390. devises void against, 388. See SPECIALTY Debts. specialty debts no charge on land, 391. not binding heir, have no priority over simple contract debts under priority over simple contract debts, 398, 400. tenant for life, conveyance for payment of debts by, 395. traders' estates liable to simple contract debts, 393. Trustee Act, 1893, provisions of, where decree for sale for payment of PEDIGREE, falsification by vendor a misdemeanour, 530, 531. PENALTY, action for, when barred, 215, 217, 223. PENDING ACTIONS, whether debts kept alive by, 258, 259. PERIODICAL PAYMENT, apportionment of, 742-746. within Real Property Limitation Act, 1833, s. 42..201. PERMISSION, effect of, in case of claims to easements, 2, 5, 9, 10, 12. PERPETUITIES, RULE AGAINST, appointment under power, when period commences, 266. PERSON LAST ENTITLED, meaning of, in Inheritance Act, 375. assignment of, to assignor and another, 530. express trust of, money secured by, limitation of actions for, 195, 204, 248, 254-256. foreign, law applicable to, 409, 410. half-blood, right to share in, 384. incumbered, liability of legatee, 429, 430. mortgage of, limitation of action on, 211, 253. arrears of interest recoverable, 202, 203, 253. successive interests in, limitation of actions as to, 157. widow's right to share in, when barred, 365. will of, governed by lex domicilii, 439. PEWS, apportionment of, 98. appropriation of, 95. chancels, rights in respect of, 95, 97. disturbance of, remedy for, 97. commoners, action of trespass against persons claiming to be, 49. lost grant, 25. Limitation, Statutes of, generally, 261. Judicial Trustees Act, 807. married woman, plaintiff should be so described, 344. Partition Acts, in action under, 736, 741. prescriptive rights, in case of, 15-18, 21. amendments, 17, 18. common law, right at, should be pleaded as well as under Act, 21. easement, claim for, 15-18, 21. Prescription Act, under, 4, 15-18. way, right of, as a defence to an action for trespass, 17, 56, 70. PORTION, arrears of, 201. interest on, 209. POSSESSIO FRATRIS, not to be deemed possession of the heir within the Statute of Limitations, 149. mortgagee, by, when bars mortgagor, 127, 169–172. onus of proof of commencement of wrongful, 130. prior incumbrancer, of, effect on arrears of interest, 200, 203. solicitor, by, effect of, 170. stranger, by, against mortgagor and mortgagee, 173. against trustee and cestui que trust, 141, 160, 163. succession of independent trespassers, by, 180. take, right to, 129. tenant for life under an invalid devise or grant, by, effect of, 128, 129. will where only title is by, 179, 440. younger brother, or other relation, of, not that of heir, 149. POSSESSORY TITLE, 128, 179, 180. disposable by will, 179, 440. forty years' possession must be shown on sale, 544. may be forced on a purchaser, 180. POSSIBILITY, alienation of, 278, 279, 519. devisable, 438, 440. fines and recoveries, effect on, 278. POST OBIT BOND, date from which time runs, 217. judgment on, date from which time runs, 192. POSTHUMOUS HEIR, when entitled to rents, 378. POUNDAGE, sheriff entitled to, 486. POWER. See APPOINTMENT. alienation of donee's interest, effect of, 319. appointment, invalid where corrupt bargain or intention, 290, 291. relation of, to deed creating power, 265, 266. destruction of, by disentailing deed, 275. different kinds of powers, 318. disclaimer of, 613. execution of, by deed, mode of, 529. by will, mode of, 450, 529. extinguishment of powers, 319. fraud on, 290, 291. liability of donee for loss occasioned by, 291. POWER-continued. general, exercise of, makes property assets for payment of debts, 349, 399, 402. married women, in case of, 349, 403. real estate appointed under, devolves upon representative, 417, 419. judicial separation, effect of, on joint, 319. lease under, effect of, 266. married woman, exercise by, 317, 318, 443. exercise of general power makes property liable to debts, 348, 349. release by, generally, 313, 315, 318, 596. in respect of reversionary personalty, 333. mortgage, to, does not authorize sale, 415. perpetuities, rule against, when period runs on appointment, 266. for benefit of donee valid, 291. revocation and new appointment, of, exercise by will, 470. minerals and surface may be dealt with apart, 787, 788. sale under, not avoided by mistaken payment to tenant for life, 529. survivor of two persons, appointment by, 440, 470. of two trustees, exercise by, 761. tenant for life, statutory powers of. See TENANT for Life. trustee in bankruptcy, exercise by, 319. will, exercise by, 450. general gift, exercise by, 444, 467-471. marriage does not revoke exercise by will, 454. POWER OF ATTORNEY. POWER OF SALE, See ATTORNEY. charge of debts gave implied, 413, 414, 415. executor of. See EXECUTOR. mortgage with, authorized by power to mortgage, 415. mortgagee, of, statutory, 540, 541, 575-579. sale under, not invalidated by mistaken payment to tenant for life, 529. tenant for life, given to, by Settled Land Acts, 662-665. See SETTLED trustees, of, consent of tenant for life necessary to exercise of, 414, 698, PRACTICE, 699, 708. statutory powers of trustees, 537-540, 543, 544, 757, 758. charging orders, on making, 494, 496. Partition Act, under, 736, 737, 738, 740. Settled Estates Act, under, 642, 648-652. PRESCRIPTION. See PRESCRIPTION ACT; COMMON; EASEMENT. abandonment of prescriptive rights, 30, 31. alteration of user, effect of, 30, 31. ancient grant, effect of, 31. certain, must be, 26. coal, right to take, may be claimed by, 29. common, claim for, 27, 36, 39. common law, at, not superseded by Act, 20, 21. corporation, against, 2, 4, 20, 113. by members of, 26. common, for, 40. in trust for inhabitants, 35. Crown, against, 31. custom and, difference, 31. |