No trust concerning lands, except such as results by Implication or construction of law, or which may be transferred or extinguished by operation of law, can be created, unless by Instrument in writing, signed by the party creating or declaring the same,... The Southern Reporter - Page 2931906Full view - About this book
| Alabama. Supreme Court - 1870 - 806 pages
...absolutety, it shall be in trust onty for complainant. 4. As to the real estate, the trust is not one which results by implication or construction of law, or...be transferred or extinguished by operation of law, and all other trusts are required to be in writing by an express provision of the Code, § 1320, which... | |
| Benjamin Franklin Hall - 1847 - 480 pages
...excepting such as may arise or result by implication of law, shall be created or declared, unless by an instrument in writing, signed by the party creating or declaring the same, or by his attorney." [Id., 261, Sec. 27.] ledged and recorded ; because the three former are indispensable... | |
| Benjamin Franklin Hall - 1849 - 482 pages
...excepting such as may arise or result by implication of law, shall be created or declared, unless by an instrument in writing, signed by the party creating or declaring the same, or by his attorney." [Id., 261, Sec. 27.] lodged and recorded ; because the three former are indispensable... | |
| Vermont - 1851 - 838 pages
...excepting such as may arise or resuh by implication of law, shall be created or declared, unless by an instrument in writing, signed by the party creating or declaring the same, or by his attorney. (Sec. 22 of RS) SECT. 26. The assignment of any lease of lands, if the lease is for... | |
| Massachusetts. Supreme Judicial Court - 1853 - 702 pages
...the agreement of the parties, the bill discloses a trust concerning land created or declared by an instrument in writing signed by the party creating or declaring the same or by his attorney. This point can be determined only by an examination of the papers themselves. There... | |
| New Brunswick - 1854 - 608 pages
...party entitled to declare or create the trust, or by his last will ; except trusts arising or resulting by implication or construction of law, or which may be transferred or extinguished by act or operation of law. 8. No grant or assignment of any trust shall be valid unless it be in writing,... | |
| Nova Scotia - 1859 - 846 pages
...amfYeluit this provision shall not extend to any trusts in lands eKc]!toLU9ts arising or resulting by implication or construction of law, or which may be transferred or extinguished by act or operation of law. 6. No grant or assignment of any trust shall be valid f^';^^ °* unless it... | |
| Massachusetts - 1860 - 1158 pages
...except such as may arise or result by implication of law, shall be created or declared, unless by an instrument in writing signed by the party creating or declaring the same, or his attorney. SECT. 20. No such trust, whether implied by law or created or declared by the parties, shall... | |
| Causten Browne - 1863 - 616 pages
...same fit for delivery. ALABAMA. CODE, 1852. SECTIONS 1320, 1321, 1551, 1552, 1553, 2198. SEC. 1320. No trust concerning lands, except such as results...construction of law, or which may be transferred or ex1 See ante, in the text, § 181. 2 See Swann v. Phillips, 8 Adol. & Ell. 457; Turnley v. Macgregor,... | |
| Massachusetts. Supreme Judicial Court - 1866 - 1338 pages
...excepting such as may arise or result by implication of law, shall be created or declared, unless by an instrument in writing, signed by the party creating or declaring the same, or by his attorney." Rev. Sts. c. 59, § 30. Conflicting opinions, bearing on this point, that is, touching... | |
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