Law of Real Property: Being a Complete Compendium of Real Estate Law, Embracing All Current Case Law, Carefully Selected, Thoroughly Annotated and Accurately Epitomized, Τόμος 10

Εξώφυλλο
Emerson Etheridge Ballard, Tilghman Ethan Ballard
Ballard Publishing Company, 1904
 

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Περιεχόμενα

Repairing sidewalkStatutory obligation of abutting owner subservient to municipal control
96
Defective sidewalksLiability of abutting owner 98 Defective sidewalksLiability of city
99
Miscellaneous notes
101
Dedication of land to public useGeneral principles 101 As to what constitutesMaps and plats
102
As to what constitutesMaps and platsMarking Hotel Site 103 As to what constitutesParticular cases
104
Public squares and parks
105
Acceptance of dedicationNecessity of and what constitutes
106
Revocation or abandonment of dedication
107
Deeds and wills distinguished
108
Consideration 109 Delivery of deedGeneral principles
110
no Delivery of deedParticular cases 111 Delivery by recordingPresumptions
111
Delivery to third person to be delivered after grantors death
112
Delivery in escrow
113
Acceptance of deed
114
Alteration in deedAgreement to surrender deed 116 Construction of deedsGeneral rules and principles
115
Construction of deedsConflict between habendum and grant ing clauses 118 Construction of particular deeds
117
EXECUTORS AND ADMINISTRATORS
118
Recitals in deedsForce and effect
119
Exceptions and reservations 121 Restrictions on alienation and liability of debts
121
Restrictions as to use of granted premises
124
Restrictions as to erection of buildingsBuilding lines
125
Cancellation of deedMental incapacity of grantor
126
Cancellation of deedFraud or undue influence
128
Cancellation of deedDeed procured by fraudulent repre sentation as to use to be made of property
129
Cancallation of deedReturn of considerationJurisdiction of equity to put plaintiff in possession
131
DEFINITIONS
138
DESCRIPTION OF REAL ESTATE
144
Considering date line of an instrument to aid an imperfect
150
SECTIONS
155
SECTIONS
157
Complaint
158
EJECTMENT
161
Defenses in ejectment
167
Extent of power given a city to condemn land for the
173
Condemnation of land already appropriated to a public use
181
Proceedings to condemn landNecessity of notice
192
Compensation for property taken as a prerequisite to
194
Proceedings to condemn landEvidence
195
Proceedings to condemn landInstructions to jury
196
Proceedings to condemn landJury trialView of premises 200 Proceedings to condemn landRecovery of interest costs and attorneys fees
198
Proceedings to condemn landRights of remainderman vendee mortgagee or devisee
199
Proceedings to condemn landMiscellaneous notes
202
Proceedings to condemn landStatutes construed 204 Proceedings to condemn landConveyance of land pending proceedings to condemn
203
Measure of damagesElements considered 206 Measure of damagesLoss of business as an element of damage
204
Measure of damagesCondemnation of land for railroad right of
205
Measure of damagesAppropriation of railroad right of way for other purposes
206
Tile acquired by condemnation of land
207
EQUITY
208
SubrogationRights of purchaser mortgagor and mortgagee 211 SubrogationRights of life tenant and sureties
209
SubrogationOne furnishing money to pay debt of another or discharge prior lien 213 Equitable relief from mistakesContribution
210
Equitable conversion ESTATES
212
Creation of feesimple estate 216 Creation of feesimple estateLimitations on a
213
Estates tailCreation and conversion into other estates
214
Rule is Shelleys case 219 Life estatesCreation ofMiscellaneous notes
216
Duty of life tenant to pay taxesRights liabilities and remedies
217
Sale and conveyance of life estate
221
Conveyance of expectant estates
222
RemaindersGeneral principlesContingent and vested
223
Contingent remainderSale on execution
224
Creation of estates upon conditionCondition subsequent
225
Breach of condition subsequentRemedies
226
Breach of condition subsequentTransfer of right of entry and remedies
227
Breach of condition subsequentWaiver of right to enforce forfeiture 231 Perpetuities
228
MergerGeneral priciplesConveyance taken by lienholder 233 Miscellaneous notes
230
Estoppel by deedGeneral principles
231
Title by estoppelAfteracquired title
232
Estoppel in paisGeneral principles and particular cases
233
Estoppel in pai Accepting benefits 238 Estoppel in paisSilence
236
Admissibility of deeds and contracts
237
Admissibility of records and certified copies
238
Parol evidenceFixing boundariesConstruction of deeds Proof of contents of lost deed
239
Parol evidenceContemporaneous and collateral agreements 244 Parol evidenceModification of covenants in deeds
240
Declarations affecting realty interests 246 Declarations concerning boundaries
243
Presumption of grant from the state
244
Competency of witnessesStatutes construed
245
EXECUTION SALES 249 What real estate may be sohd on execution 250 Issue levy and return of execution
247
Sale in parcels or in solido 252 Certificate of sale and sheriffs deed
249
Title and rights of purchaser 254 Validity of salesSetting aside
250
Validity of salesPurchase by attorney of plaintiff
251
Power to mortgageRights as to decedents realty
252
Suits by and against
253
Sales to pay debts 259 Sales to pay debtsParties pleading and practice
254
Sales to pay debtsTitle and rights of purchaser
255
Validity of salesSetting asideCollateral attack
256
purchase by executor or administrator 263 Right of executor to withdraw property after he has offered it for sale and bids have been made
257
Definition of a fenceHedge as a fenceOwnership of partition fence
259
Constitutionality of statute declaring fence maliciously erected a nuisance and giving a right of action for damages
260
Fencing railroadsStatutes construed 267 Fencing railroadsFarm crossingsCattle guards
261
Personal property attached to real estateEffect of con tract reserving title or chattel mortgage on the personal property
262
Buildings and appliances con nected therewith
263
What constitutes a fixtureDebris of destroyed buildings 271 What constitutes a fixtureLog and brush fence on Gov ernment land
265
What constitutes a fixtureMachineryFurnace boiler to supply house with hot water
267
Right to fixturesVendor and vendee
269
Right to fixturesMortgagor and mortgagee
270
Right of tenant to remove fixtures 276 Right of tenant to remove fixturesWater closet placed in building by tenant at will
272
Right of tenant to remove fixturesLoss or waiver of right by taking new lease
274
Right of tenant to manure
276
FORCIBLE ENTRY AND DETAINER 279 As to when the action will lie and who may maintain
277
Description of premises in affidavit for dispossession
278
Defenses
279
PracticeStatutes construed FRAUDULENT CONVEYANCES 284 Acquiescence of debtor in being defrauded of his property Conclusiveness upon hi...
283
What constitutes a fraudulent conveyance
284
Conveyance for support of grantor 287 Conveyance in fraud of marital rights
285
Conveyance in view of prospective marriage
287
Conveyances between husband and wife
289
Rights of husbands creditors in crops raised by him on his wifes land or products of their joint efforts 291 Rights of persons extending credit to husb...
291
Conveyances between near relatives
293
Voluntary conveyances 294 Voluntary conveyancesRecord of as constructive notice
294
Preference of creditors
296
Property exempt from execution or held in trust 297 Force and effect of fraudulent conveyance between parties to
297
Force and effect of fraudulent conveyance between parties to itTitle of fraudulent granteeProtection of statute of limitations 299 Force and effect of f...
298
to itRights upon setting aside of deed 300 Conveyance or mortgage by fraudulent grantee to pay or secure debts of his grantor
300
Liability of fraudulent grantee taking with notice who ap propriates or mortgages the propertyApplication of the rule where the grantee is the wife of...
301
Rights of subsequent creditors and purchasers
303
Setting asideWho may maintain the action
304
Setting asideReducing claim to judgmentExhausting legal remedies
305
Setting asideComplaintParties 306 Setting asidePractice
306
Setting asideProof of fraudBurden of proof
307
Setting asideProof of fraudDeclarationsWithholding instrument from record 309 Setting asidePriority of rights between creditors
309
Loss of creditors right to assail fraudulent conveyance
310
Who may claim a homestead
311
Abandonment loss or waiver of homestead
317
Conveyance and incumbrance of homesteadNecessity
323
Homestead rights of surviving widowEffect of nonresi
329
Effect of divorce on real property rightsJudgment
335
Improvements by grantees and mortgagees
343
Improvements by tenants and cotenants
344
Improvements placed on railroad right of way INFANTS AND INSANE PERSONS 338 Validity of contracts and conveyances
345
Affirmance and disaffirmance
346
Judicial sale of infants lands
348
Title insurance
349
Insurable interest 343 Insurable interestTenant by curtesy initiate
350
Insurance by life tenantBy vendor or vendeeApplication of proceeds of policy
352
Rights of mortgagor and mortgagee
354
Mortgage clause in policy
355
Condition avoiding policy for lack of sole and unconditional ownership by insured 348 Condition avoiding policy for lack of sole and unconditional...
357
Condition in policy against change in insureds title by alienation or incumbrance
359
Forfeiture of policy by vacancy of premisesRevival of policy by reoccupancy
360
Total loss defined
361
What constitutes an appropriation of waterAppropriation by erection of dams and dikes
362
AppropriationExtent of rightChange of point of diversion
364
AppropriationPriorities
365
Acquiring water rights by adverse
366
Conveyance of water rights 357 Actions and adjudications concerning water rights
367
Miscellaneous notesStatutes construed
369
JUDICIAL SALES 359 Notice of sale 360 Title and rights of purchaser
370
Title and rights of purchaserWrit of assistance
371
Setting asideIrregularitiesInadequacy of price
372
As to when the relation exists
373
Estoppel to deny title 365 Forfeiture of tenants estate
374
Tenancy at sufferance 367 Holding over
375
Termination of relationNotice to quit
376
Time allowed tenant to remove his personal property after expiration of leaseEffect of failure to remove
377
Surrender 371 Surrender by operation of
378
Farming on the sharesTitle to crops 373 Landlords lien
380
Landlords lienForfeiture and waiver of lien
381
Repairs 376 RepairsRights of lessee upon breach of lessors covenant to make
382
Nature of obligation of owner of building leasing separate portions to different tenants to keep roof and other parts
383
What constitutes a leaseParol lease
386
Construction of leases 380 Construction of leasesStipulation in lease of lot by camp meeting association requiring lessee to conform to its rules and re...
387
Acceptance of rent as a waiver of lessors right to forfeit lease for lessees breach of covenant prohibiting use of premises for sale of intoxicants
389
Renewal or extension of lease 383 Renewal or extension of leaseHolding over as an exercise of an option to renew
391
Subletting
393
Assignment of lease
394
Assignment of leaseLiability of assignee 387 Assignment of leaseAssignee accepting liable for rent with out entering into possession
395
Necessity and sufficiency of consideration for parol agree ment to reduce rent reserved in a written lease 389 Miscellaneous notes
397
Revocation of licenseWhat constitutes and rights of parties
398
Judgment lienDuration
404
MECHANICS LIENS
417
Priority of mechanics liensPriority as to buildings
424
SECTION S 431 Loss or waiver of lien 432 Loss or waiver of lienDestruction of the improvements
427
Filing of lien statementSubcontractors and materialmen 434 Filing of lien statementTime for filingExtension of time
428
Filing of lien statementFormal requisitesVerification
429
Filing of lien statementMistakes and inaccuraciesInclud ing nonlienable items 437 Enforcement of lienGeneral principles
430
Enforcement of lienAgainst buildings only 439 Enforcement of lienComplaint 440 Enforcement of lienStatute of limitations
432
Enforcement of lienAttorneys feesInterest and costs 442 Enforcement of lienLiability of mortgagee made a party for costs
433
Miscellaneous notes
434
Mining leasesConstruction
435
Conveyance of right to mine and remove all coal in a tract of land is not a sale
436
Mining leasesRight of lessee of coal mine to construct rail road switch on the leased premises
437
Oil and gas leases 448 Oil and gas leasesImplied condition subsequent to develop propertyForfeiture
442
Rights of life tenant in mines
445
Rights of life tenant in minesRights of devisee of life estate to royalties accruing under oil lease made by testator
446
Separate ownership of surface and mineral estate i
449
Alteration of mortgageInsertion of gold clause
450
Equitable mortgageMortgage by deposit of title papers 455 Fraud or duress in procuring mortgage
451
Construction of mortgages 457 Title of parties and right to possession
452
Mortgagee in possessionEjectment against before debt is paid
453
Ejectment by mortgagor against party taking possession un der color of void foreclosure proceedings
455
Payment of taxes by mortgageeeRights acquired
460
Deeds construed as mortgagesConditional sales distin guishedTitle and estate of parties
461
Deeds construed as mortgagesDefeasanceRequisites and sufficiency
463
Action to declare deed a mortgageBurden and sufficiency of proof
464
Priority of mortgages
465
Priority of mortgagesPriority of mortgage of corporation over debts incurred by a receiver operating
466
Priority of mortgagesAgreement fixingNew mortgage
467
taken by prior mortgagee
468
Priority of mortgagesMortgage for future advances 469 Assumption of mortgageTaking conveyance subject to mortgage
469
Assumption of mortgageAgreement of assumptionPer sonal liability
470
Assumption of mortgageWho may maintain action on covenant of assumption
471
Assumption of mortgageAction by mortgagee on covenant of assumption in executory contract of sale followed by warranty deed of mortgagor
472
Assignment of mortgage 474 Assignment of mortgageRecording
474
Assignment of mortgageTitle and rights of assignee
475
Assignment of mortgagePayment after assignment 477 Payment release and satisfaction
476
Release of part of mortgaged premises
477
Discharge of lien by tender of debt secured
478
Usury as a defense to foreclosure proceedings 400 Statute of limitations
491
Judgment in foreclosure proceedingsForce and effect
493
Personal and defficiency judgment on foreclosure of mortgage 493 Allowance of attorneys fees in foreclosure proceedings
495
Appointment of receiver in foreclosure proceedings
496
Counterclaims cross bills and adjudication of adverse claims of third parties in foreclosure proceedings 496 Rights of junior incumbrancers
498
Marshalling securitiesRule where portions of the mort gaged premises have been conveyed 498 Sale under decree of foreclosureAppraisement of pro...
500
Notice of sale
502
Time place and manner of saleSale in parcels or in solido 501 Application of proceeds of sale
503
Validity of foreclosure saleSetting aside
504
Title rights and liabilities of purchaser
505
Right of purchaser to possession and writ of assistance
506
Foreclosure by advertisement
507
Power of saleRevocation 507 Power of saleSale under
508
Power of saleSale underPurchase by mortgagee
509
Deed of trust to secure debts 510 Deed of trust to secure debtsSale under 511 Deed of trust to secure debtsAppointment or substitution of trusteeSale
511
Mortgage to secure several notes
512
Building and loan association mortgages 514 Building and loan association mortgagesForeign associa tions
513
Building and loan association mortgagesUsury
514
Building and loan association mortgagesAccounting Computation of amount due 517 Building and loan association mortgagesRights of parties upon ...
516
Notice to one of two parties taking a mortgage
518
Knowledge sufficient to charge one with notice 520 Charging notice to principal on account of knowledge of his agent or attorney
519
Notice by publication NUISANCE 522 Statement of the case 523 Use of soft coal for fuel as a nuisanceInjunction against
521
Smoke as a nuisanceLegislative and municipal power so to declare
524
What constitutes a nuisance 526 What constitutes a nuisanceNoise as a nuisanceBase ball parkSunday base ball
528
What constitutes a nuisanceStorage of gunpowderUse of dynamite in making excavations
532
What constitutes a nuisanceStable in city or town
535
What constitutes a nuisanceDischarging accumulations of rain or
536
What constitutes a nuisanceEncroachment or obstruction upon highways and streets
539
What constitutes a nuisanceMaintaining obstruction in highway placed there by another
540
Injunction by property owner against nuisanceObstruction of highway 533 Remedies and proceedings against nuisances
542
Action for nuisanceDamages recoverableInjuries result ing from noisome gases and offensive odors
544
Municipal control
546
Lessor and lesseeRights and liabilities as to nuisances
547
Partition by agreement 538 Who may have partition
548
Right to possession as prerequisite to the actionJoinder of action for partition and to recover real estate
549
Partition proceedingsRight of defendant cotenants in action for partial partition
551
Partition proceedingsMiscellaneous notes
552
Partition proceedingsStatutes construed
553
Partition proceedingsTrial of title
554
Partition proceedingsEffect of judgment 545 Partition proceedingsAllowance of costs and attorneys fees
555
Payment of oweltyEffect of statute providing for partition sale
556
Partition sales
557
PARTY WALLS 548 What constitutes a party wallUse of wallMunicipal con trol of party walls 549 Agreements concerning party wallsContribution
559
PLATS AND SURVEYS SECTIONS 550 Maps and platsRule where there is a variance between sur vey and plat
560
Surveys and surveying POSSESSION
561
Possession as notice of rights or title 553 Possession by tenant or tenant in common as notice
562
POWER OF ATTORNEY 554 Authority conferred by power of attorney
563
Execution of powerForm force and effect of deed by
564
torney
565
Effect of principals ratification of invalid deed by attorney
566
PUBLIC LANDS 557 Indians and public lands
568
Conclusiveness of decisions of land department
569
Jurisdiction of state courts
570
School lands
572
Definition of lead lode or vein of mineral matter
573
Mining claimsLocation and relocation
574
Mining claimsMarking boundariesNotice of location Description
575
Mining claimsFollowing dip or vein 565 Mining claimsDoing required amount of workForfeiture and relocation
577
Mining claimsConflicting locationAdversary proceedings 567 Mining claimsCotenants
578
Mining claimsRemoval of timberInjunction against re moval of ores 569 Title to mining claim conferredby government certificate of purchaseTende...
579
Swamp and tide lands
582
Townsite lands 572 Grants to railroadsStatutes construed 573 Preemption of public lands for homestead
584
Exemption of timber culture claim from debtsMortgage and sale of homestead claim 575 Patents
586
Construction of local statutes
587
Water rights on public lands 578 Miscellaneous notes
588
QUIETING TITLE 579 As to when the action will lie and who may maintain
589
Equitable nature of actionEffect of statutes 58i Possession by plaintiff required
590
Complaint in action to quiet title
592
Parties and defenses S84 Judgment in action to quiet titleRecordingForce and effect 585 Practice in action to quiet titleMiscellaneous notesStatutes co...
594
REAL ACTIONS 586 Jurisdiction over unborn or unascertained parties through representation by trustee
596
Jurisdiction depending on action involving boundaries or title
598
Jurisdiction of courts of equity
599
JurisdictionWhen determined by residence of party or loca tion of land
600
Stare decisisOverruled cases 591 Former adjudicationWho bound
601
Former adjudicationJudgment against tenant by third party When binds landlord 593 Former adjudicationParticular cases
602
Tender 595 InjunctionsGeneral principles
604
InjunctionsPreliminary or temporary injunction 597 InjunctionsPleading and practice in action
605
InjunctionsCauses sufficient for granting
606
InjunctionsCauses insufficient for granting 600 Injunction to prevent water company from shutting off water in violation of its contract
607
Injunctions against trespass
609
Appointment of receiver 603 New trial of right
611
Parties to real actions
612
REAL ESTATE AGENT 606 Employment of agentStatute requiring written authority
613
Revocation of agents authority
617
Action to recover commissionComplaintMeasure of
623
Unrecorded instruments
629
Procedure to effect redemptionChange in redemption
636
Mutuality of mistake required
637
Correction of lease by including option to purchase
638
Reformation of mistakes in descriptions 640 Reformation of mistakes in descriptionsConveyance of mar ried woman
640
Parties pleading and practice in actions for reformation
641
Proof required in action for reformation
642
Right to rentsMiscellaneous notes
643
Right to rentsMortgagor and mortgagee 645 Right to rentsPurchaser at foreclosure sale
644
Creation of liability to pay rent
645
Defenses in actions for rent
646
Collection of rent by distress
647
RESULTING TRUSTS 649 General principles and particular cases i
648
Trusts arising out of fraud or violation of contract
649
Trusts arising from the payment of purchase money 653 Trusts arising from the payment of purchase moneyCon veyance to parent husband or wife
652
RIGHT OF WAY 654 Right of way agreementsConsiderationConstruction Right of railroad company in possession
653
Right of way agreementsSpecific performance
654
Grants of right of wayEstate grantedRight of grantee to minerals
656
Grants of right of wayConditions covenants and limitations
657
Use of right of way 659 Farm crossings over or underneath right of
664
Crossings of railroads streets and highways
665
Railroad crossings highway or streetMandamus to compel compliance with statute
666
Abandonment of right of
668
RIPARIAN OWNERS
669
What constitutes a valid appropriation of ice on public waters
671
Title and rights of riparian owners
672
Right of riparian owner to increase flow of stream by drain age of his land
674
Riparian title and rights on stream having two sets of banks
675
Riparian rights of mill ownersInterference with by floating logs
676
Riparian rights of municipal corporations
677
Navigable watersTitle to and control of by state
680
Navigable watersTitle and rights of riparian owners 673 Navigable watersTitle of state of Wisconsin to bed of navigable lakeConstitutionality of statu...
682
AccretionRights of riparian owners 675 Islands formed in streams
687
Obstruction or diversion of waters
689
Obstruction or diversion of watersLiability of railroads 678 Pollution of streamsDischarge of sewageRights and lia bilities of cities 679 Pollution or o...
690
Maintenance of canal over lands of anotherLiability for damages resulting from percolation of water SPECIFIC PERFORMANCE 681 What contract...
692
What contracts may be specifically enforcedMutuality re quired 683 Contracts to convey land 684 Contracts to convey landDefiniteness required
695
Performance diligence and good faith required of person seeking 686 Demand and tender
696
Practice in action for specific performance 688 Practice in actions for specific performanceContract of mar ried man not signed by his wife
698
Practice in actions for specific performanceDefenses
699
Practice in actions for specific performanceDegree of proof required 691 Practice in actions for specific performanceAwarding costs in action by ven...
700
STARTING FIRES SECTIONS 692 Destruction of insured propertyRights of parties
701
Liability of one starting a fire for injuries resulting therefrom
702
Liability of railroad companies for firesNegligenceStatutes construed
703
Liability of railroad companies for firesContributory negli gence
705
Liability of railroad companies for firesDuties and liabilities as to selection and adoption of appliances to prevent es cape of sparks
706
Action for injury by fireComplaintMeasure of damages 698 Action for injury by fireProof of starting by locomotive Circumstantial evidence
708
Action for injury by fireEvidence and instructions
711
STATUTE OF FRAUDS i 700 What contracts are within the statute of frauds 701 What contracts are not within the statute of frauds
713
Sufficiency of memorandum
714
Part performanceGeneral priciples 704 Part performancePayment of purchase pricePerformance of consideration by naming a child
715
Part performanceMarriage
716
Part performanceTaking possession and making improve ments
717
Parol gifts or sales of real estate
718
STATUTE OF LIMITATIONS
719
Application of statute of limitationsGeneral principles 709 As to when the statute begins to run 710 As to when the statute begins to runAction to set a...
721
As to when the statute begins to runAction to remove cloud from title
724
As to when the statute begins to runActions on covenants
725
Interruption or suspension of statuteAcknowledgment of or payments on debt
726
Interruption or suspension of statuteAbsence from state Disabilities 715 Laches General principles and particular cases
727
SURFACE WATER
732
TAXES AND TAX TITLES
738
Exemption from taxationProperty used solely and
744
Exemption from taxationProperty of charitable institutions
751
Assessment of taxesAssessment of estate of mining lessee
756
Assessment of taxesAssessment of growing timber 749 Assessment of taxesMortgaged land 750 Assessment of taxesStatutes construed
758
Assessment of taxesIn whose name assessment should be made
759
Assessment of taxesDescription of property 753 Assessment of taxesOmission of property
761
Lien for taxes 755 Sale of land for taxesMiscellaneous notes
762
Sale of land for taxesNotice of tax sale
763
Sale of land for taxesPosting of notice of sale
764
Who may purchase at tax sale
765
Title and rights of purchaser at tax sale 760 Title and rights of purchaser at tax saleEasements and rights previously granted to others
767
Irregularities sufficient to avoid or invalidate a tax sale
768
Irregularities insufficient to avoid or invalidate a tax sale 763 Setting aside tax saleRights of purchaserTender and pay ments required of one recoveri...
770
Redemption from tax sale 765 Redemption from tax saleExtension of time on account of minority of persons entitled to redeem
773
Notice of expiration of time to redeem
774
Tax deed 768 Tax deedConclusiveness of recitalsValidity of deed to county purchasing as a competitive bidder
776
Judicial proceedings to collect taxes
779
Foreclosure of tax lien and tax sale certificate
780
Statute of limitations and tax titles
781
Miscellaneous notes and construction of miscellaneous statutes
782
TENANTS IN COMMON 773 Creation of an estate in common
784
Sale and conveyance of an estate in common 775 Buying in outstanding titles and discharging incumbrances 776 Ouster
786
Recovery of rent between tenants in commonLien therefor 778 Recovery by cotenant for making repairs or damages for cutting timber
787
Construction of contracts in reference to title
788
Contracts and conveyances concerning timber and trees
794
What constitutes trespass
802
Practice in actions for trespassMiscellaneous notes
808
Spendthrifts trusts
811
Sale and conveyance by trustee
812
Trustee dealing with trust propertyPurchase at his own sale 805 Revocation or termination of trusts
813
VENDOR AND VENDEE 806 Estate and rights of vendor and vendee
814
Recovery of damages for injury 808 Auction saleRights of parties
815
Sufficiency of consideration for contractRatification of con tract 810 Completion of contract negotiated through the mails
816
Bond for title 812 Option contracts
817
Construction of land contractsForfeitures
818
Construction of land contractsParticular cases
819
Defects in title and deficiencies in quantity
821
Action for purchase money
822
Defenses to action for purchase money 818 Retention of title to secure purchase money
823
Vendors lienCreationPriority
824
Vendors lien Loss or waiver 821 Vendors lienLoss by agreement to take stock in corporation for purchase price
825
Action to enforce vendors lienParties pleading and practice
826
Action to enforce vendors lienDefenses
827
Waste by life tenantCutting of timber by a tenant by the curtesyRight of tenant of particular estate to cut timber
828
Right to natural flow of waterWhat constitutes a water course
829
Subterranean waters 827 Mill dams and water rightsMiscellaneous notes
830
Revocation of wills
831
Agreements to devise realty
832
Conditions in restraint of alienation or marriage 831 Right to maintain action to construe will
833
Construction of willsRules forGeneral principles
835
Devise to heirs at law in equal sharesPer stirpes or per capita
836
Devise to a classDeath of some of class before testator
838
Devise over in case of death without issue 836 Devise over in case of death without issueDevise for life with power of disposal
841
Bequest to an orphan aslyum in a city 838 Construction of willsEstate devised
845
Construction of willsParticular wills
846
Devise in lieu of marital rightsElectionStatutes construed 841 Powers contained in wills
848
Miscellaneous notes
849
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Σελίδα 225 - By public policy is intended that principle of the law which holds that no subject can lawfully do that which has a tendency to be injurious to the public or against the public good...
Σελίδα 96 - It extends," says another eminent judge, "to the protection of the lives, limbs, health, comfort and quiet of all persons, and the protection of all property within the state; . . and persons and property are subjected to all kinds of restraints and burdens in order to secure the general comfort, health and prosperity of the state. Of the perfect right of the legislature to do this no question ever was, or, upon acknowledged general principles, ever can be made, so far as natural persons are concerned.
Σελίδα 97 - Beyond this, however, the state may interfere wherever the public interests demand it, and in this particular a large discretion is necessarily vested in the legislature to determine, not only what the interests of the public require, but what measures are necessary for the protection of such interests.
Σελίδα 206 - ... until full compensation therefor be first made In money, or ascertained and paid into the court for the owner. Irrespective of any benefit from any Improvement proposed by such corporation...
Σελίδα 631 - ... void as against any subsequent purchaser, in good faith and for a valuable consideration of the same real estate, or any portion thereof, whose conveyance shall be first duly recorded.
Σελίδα 187 - Private property shall not be taken or damaged for public use without just compensation having been first made to, or paid into court for, the owner...
Σελίδα 88 - Every one is responsible, not only for the result of his willful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself.
Σελίδα 652 - Where a grant for a valuable consideration shall be made' to one person, and the consideration therefor shall be paid by another, no use or trust shall result in favor of the person by whom such payment shall be made; but the title shall vest in the person named as the alienee in such conveyance, subject only to the provisions of the next section.
Σελίδα 695 - Into such an agreement, it is not an abuse of discretion for the trial court to refuse to...
Σελίδα 631 - Every such conveyance not so recorded is void as against any subsequent purchaser in good faith and for a valuable consideration, from the same vendor, his heirs or devisees, of the same real property or any portion thereof, whose conveyance is first duly recorded.

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