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 9

Emerson E. Ballard, Tilghman Ethan Ballard

Ballard Publishing Company, 1903

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SECTIONS ABSTRACTS AND ABSTRACTERS I Liability of examiner of titleAbstracts as evidence ABUTTING OWNERS 2 Right to swing signs o...	1

Railroads in streetsValidity of contract with abutting owner	2

Railroads in streetsRecovery of damages by abutting owner	3

Street railroads	4

Elevated railroads 8 Shade treesCutting and removal	5

Change of gradeMeasure of damages II Alteration or vacation of street	7

Alteration or vacation of streetAbutters rights on vacation of part of street not in front of his property	8

Assessments against abutting owners for municipal improvements Constitutionality of statutesFrontage system	10

Subcontractors and materialmenSale by one manufacturing com pany to another manufacturing company	426

Joint lien on several lots or buildings 474 Priority of mechanics liensStatutes construed	427

Priority of mechanics liensPriority as to buildings 476 Assignment of lien	429

Loss or waiver of lien 478 Loss or waiver of lienTaking chattel mortgage on machinery afterwards annexed to land	431

Filing and recording building contract	433

Filing of lien statement 481 Filing of lien statementTime for filingExtension of time	434

Filing of lien statementDesignation of ownerDescription of premises	435

Filing of lien statement Mistakes and inaccuracies	436

Assessments against abutting owners for municipal improvements Property subject toRailroad right of way 15 Assessments against abutting owners fo...	12

Necessity of acknowledgment	14

Who may take acknowledgments 19 Who may take acknowledgment of instruments executed to cor porations 20 Form and sufficiency of certificate...	15

Conclusiveness of certificate 22 Married womans certificate	16

ADVERSE POSSESSION 23 As to what constitutes adverse possessionGeneral principles	17

As to what constitutes adverse possessionNecessity of resi dence or enclosureLands covered by water	18

As to what constitutes adverse possessionParticular cases	20

Proof of adverse possession 27 Color of titleNecessity of and what constitutes	21

Extent of possession 29 Title byWho may acquire	22

Title byCharacter of title acquired 31 Title byPayment of taxesStatutes construed	23

Title byTime necessary to confer 33 Interruption of adverse holding	24

Tacking of adverse holdings	26

Railroad right of	27

Public property 37 Adverse possession as between parties in privity	28

Vendor and vendee	29

Landlord and tenant 40 Tenants in commonAdverse holding of part of cemetery	30

Cancellation of deeds between persons occupying fiduciary rela tions	31

Conveyance of land in adverse possession of another 42 Miscellaneous notes	32

ASSIGNMENTS AND BANKRUPTCY 43 Title of assigneeUnexpired lease 44 Federal bankruptcyConveyance within four months of assign mentEff...	33

Miscellaneous notesConstruction of statutes	34

BONA FIDE PURCHASERS 46 As to what constitutes a bona fide purchaserGeneral principles and particular cases	35

Agreements fixing	37

CEMETERIES	43

Agreement fixingEffect of subsequently ignoring the agreement	48

Establishing boundaries by acquiescence or adverse possession	49

Proceedings to establish boundariesEvidenceProof of general reputeStatutes construed	50

Locating lost corners	51

Highways as boundaries	52

CONTRACTS	57

Contracts and conveyancesFormal requisites	65

Contracts and conveyancesPresumption of authority from stock holdersWisconsin statute construed	66

Contracts and conveyancesEffect of want of notice of directors or stockholders meeting authorizing	67

Contracts and conveyancesMortgage to director constituting part of a necessary quorum	70

Ultra vires contracts 87 Ultra vires contractsForeclosure of mortgage by a municipal corporation taken by it to secure an illegal loan of its funds	72

Municipal corporationsPurchase of landsIncurring debt by in excess of statutory limit	73

Covenants by implicationStatutes construed	75

Transfer of covenantSeisin or possession necessary	76

Transfer of covenantConveyance of equitable title 92 Personal covenants and covenants running with the land	78

Covenants of seisin and warranty 94 Covenants against incumbrances	79

Ownership of land by corporationsStatutory limitations	80

Breach of covenants 96 Breach of covenantsEviction	81

Breach of covenantsWho may sue forPleading and practice	82

Breach of covenantsMeasure of damages	84

CROPS AND EMBLEMENTS 99 Title and right to growing cropsMeasure of damages for de struction	85

Replevin by part owner of crops 101 Mortgaging crops	86

CURTESY AND DOWER 102 Curtesy of husband	87

Right of dowerNature of estate	88

Lands subject to dowerStatutes construed	89

Release or loss of dower	90

Assignment of dower DANGEROUS PREMISES 107 Injuries to licensee	92

Liability of ownerGeneral principles	93

Liability of ownerFailure to light hallways and stairways 110 Liability of owner for injury to tenant or his family and servants	94

Common hallwayLiability of one tenant to another for dangerous condition 112 Fall of buildings and other structures	96

Injuries to children	97

Defective sidewalks and streetsLiability of abutting owner or tenant 115 Defective sidewalks and streetsLiability of city	98

Negligent construction or maintenance of prisonLiability of city	100

Repairs as evidence of previous dangerous condition of premises	102

Dedication of land to public useGeneral principles	103

As to what constitutesParticular cases	104

As to what constitutesMaps and plats	105

Acceptance of dedicationNecessity of and what constitutes	107

Deeds and wills distinguished	108

GranteeWho may be and desigination of 124 Seal witnesses and stamping	110

Filling blanksInsertion of name of grantee	111

Alterations in deed	112

Consideration	113

Delivery of deedCeneral principles 129 Delivery of deedParticular cases	114

Delivery by recordingPresumptions 131Delivery to third person to be delivered after grantors death	115

Delivery in escrow	116

Acceptance of deed	117

Destruction surrender or redelivery of deed to grantor 135 Construction of deedsGeneral rules and principles 136 Construction of particular deeds	118

Recitals in deeds	119

Exceptions and reservations 139 Restrictions on alienation or	120

Restrictions as to erection of buildingsBuilding lines	121

Cancellation of deedGeneral principles 142 Cancellation of deedMental incapacity of grantor	123

Casting descent by imprisonment for lifeKansas statute con strued	130

Adopted childrenStatutes construed	132

Adopted child not a bodily heir	133

Half bloods 167 Bastards and children of slavesStatutes construed	134

Descent to surviving husband or wifeStatutes construed 169 Widows right of quarantine	136

Rights of creditors against heirs 171 Miscellaneous notesStatutes construed	137

DESCRIPTION OF REAL ESTATE 172 Sufficiency of descriptionGeneral principles	138

Sufficiency of descriptionParticular cases	139

Construction of descriptions	140

Cancellation of deedFraud undue influence or duress	143

Creation by grant or reservation	144

Creation by prescription	145

Creation by prescriptionDrains and water rights	146

Appurtenant or implied easement 180 Appurtenant or implied easementLessee of upstairs office	148

Way of necessity	150

Lateral support	151

Light and air 184 Rights of dominant and servient ownersChange of	152

Abandonment or extinguishment of easement	153

Change of private way to public way 187 Miscellaneous notes	154

Statement of case reported 189 Liability for abuse of process in executing writ of possession	155

As to when the action will lie and who may maintain	159

Ejectment against railroad 192 Sufficiency of the complaint	160

Title necessary to maintainProof of title	161

Defenses admissible under general issueEquitable defenses Outstanding title	162

Defenses in ejectmentMiscellaneous notes	163

Recovery of damages by plaintiff	164

Evidence and instructions	165

Verdict and judgment in ejectmentSufficiency and effect of 199 Practice in ejectmentMiscellaneous notes	166

EMINENT DOMAIN 200 Constitutional right of eminent domainDestruction of property to prevent spread of disease	167

As to what constitutes a public	168

Appropriation of land for railroad branches and spur tracks	169

Appropriation of land for irrigation by company having both pub lic and private powers	172

As to what constitutes a takingInjury to property by erection of smallpox hospital 205 Condemnation of land already appropriated to a public	174

Additional servitude 207 Additional servitudeWater tanks and wells in street or highway	176

Compensation for property taken as a prerequisite to the taking 209 Proceedings to condemn landConstitutionality of statute failing to prescribe proc...	178

Proceedings to condemn landNecessity of notice	180

Proceedings to condemn landComplaint or petition	184

Proceedings to condemn landShowing necessity for condemna tionFailure to agree with owner	185

Proceedings to condemn landLeased premises 214Proceedings to condemn landJury trialView of premisesEvi denceInstructions	186

Proceedings to condemn landRecovery of interest costs and at torneys feesConstitutionality of statute	187

Proceedings to condemn landMiscellaneous notes 217 Proceedings to condemn landStatutes construed	189

Measure of damagesElements considered	192

Measure of damagesBenefits considered	193

Measure of damagesCondemnation of land for railroad right of	195

Measure of damagesTaking of part of railroad right of way for telegraph line	196

Equitable relief from mistake of	198

SubrogationGeneral principles and particular cases 224 SubrogationOne furnishing money to discharge prior lien 225 SubrogationJunior lienholder ...	201

SubrogationGrantees to mortgagees 228 Equitable conversion	202

Separate ownership of lower and upper stories of buildingsRe pairs 230 Creation of fee simple estate	203

Estates tail	205

Rule in Shelleys case 233 Creation of life estate	207

Conveyance or incumbrance by life tenant	209

Rights and liabilities of life tenant and remainderman	211

Sale by court of lands held by life tenant and remaindermen	212

Conveyance of expectant estates	213

RemaindersGeneral principlesContingent and vested 240 Creation of estates upon conditionConditions subsequent 241 Creation of estates upon condi...	217

Remedy for breach of condition subsequent	218

Perpetuities	220

Merger 245 MergerConveyance taken by lienholder 246 Miscellaneous notes	222

Estoppel by deedGeneral principles and particular cases	223

Title by estoppelAfteracquired title	225

Estoppel in paisAccepting benefitsSilence	228

Estoppel in paisSilenceAcquiescence in forged deed	230

Estoppel as applied to the public	231

Admissibility of documents and deeds	233

Admissibility of ancient deeds 255 Photographic copies of deeds as evidence	235

Recitals in deed as evidence of pedigree	237

Admissibility of records and certified copiesStatutes construed	238

Parol evidenceConstruction of deeds	239

Parol evidenceContemporaneous and collateral agreements 260 Parol evidenceProof of consideration	241

Parol evidenceProof of contents of lost portion of a contract	244

Declarations affecting realty interests	245

Declarations concerning boundaries 265 Judicial notice and presumptions	246

Presumption of death	247

Competency of witnessesStatutes construed	248

EXECUTION SALES 268 What real estate may be sold on execution 269 Property held in trust	249

Exemption of property from execution sale 271 Issue and return of execution	250

Levy of execution 273 Levy of attachmentParticularity of description required 274 Mandate to compel sheriff to sellDistribution of proceedsNo tice ...	251

Certificate of sale and sheriffs deed 276 Title rights and liabilities of purchaser	253

Resale upon purchasers failure to comply with	254

Validity of salesSetting aside	255

Miscellaneous notes	256

EXECUTORS AND ADMINISTRATORS	257

Rights as to possession	259

Suits by and against	260

Sales to pay debts	261

Sale of lands of decedent to pay costs of administration	262

Sales to pay debtsParties pleading and practice	263

Validity of salesSetting aside	264

Purchase by executor or administrator	265

Miscellaneous notes FENCES 290 Malicious erection of fenceMassachusetts statute construed 291 Fencing railroadsStatutes construed	266

Fencing railroadsFarm crossings cattle guards	267

What constitutes a fixtureTelephone posts and wires	269

What constitutes a fixtureMachineryScales	271

Personal property attached to real estateEffect of contract re serving title or chattel mortgage on the personal property	272

Right to fixturesVendor and vendee 297 Right to fixturesMortgagor and mortgagee and purchaser at foreclosure sale	273

Right of tenant to remove fixtures	274

FORCIBLE ENTRY AND DETAINER 299 History of actionOf statutory origin	275

What constitutes forcible entry and detainer Who may maintain the action 301 302 303 Defenses and counter claims	277

PracticeStatutes construed	278

Contracts and conveyances by executors and administrators	280

Sale and conveyance under power of sale in will	281

What constitutes a fraudulent conveyance	285

Necessity of grantees knowledge of the fraud and effect 309 Conveyance of mortgaged property to mortgagee	286

Mortgage given to secure bona fide debtIncluding debt to an other with promise of mortgagee to	287

Reconveyance by fraudulent grantee to his grantor	288

Conveyances in fraud of martial rights 313 Conveyances between husband and wife	289

Conveyances between near relatives	291

Voluntary conveyances and conveyances for inadequate consid eration	292

Insolvency defined 317 Preference of creditors	293

Preferences by corporationsConveyances to its directors stock holders	294

Property exempt from execution	295

Force and effect of fraudulent conveyance between parties to it 322 Force and effect of fraudulent conveyance between parties to it Rights upon setti...	297

Rights of subsequent creditors 324 Setting asideWho may maintain the action	298

Setting asideRights of one having claim for damages for tort	299

Setting asideReducing claim to judgmentExhausting legal remedies 327 Setting asideComplaintParties	300

Setting asidePractice	301

Setting asideProof of fraudDeclarationsBadges of fraud	302

Setting asideBurden and sufficiency of proof	303

Attachment of property fraudulently conveyed HOMESTEAD 332 Who may claim a homestead as head of a family	304

In what lands a homestead may be claimedShifting from one tract to another	305

Occupancy and use necessary 335 Occupancy and use necessaryIntention to occupy as a home at some future time	307

Amount of land claimed 337 Selection allotment and declaration of homestead	311

Exemption of homestead from debts	312

Debts for which a homestead is liable 340 Debts for which a homestead is liableLien for services of at torney in defending	315

Conclusiveness of judgment denying right of homestead 342 Abandonment loss or waiver of homestead	316

Abandonment by removal	318

Conveyance and incumbrance of homestead 345 Conveyance and incumbrance of homesteadNecessity of joint conveyance of husband and wife	319

Rights of surviving husband wife or children	322

Rights of surviving childrenOccupancy by tenant of their guardian	324

HUSBAND AND WIFE	325

Antenuptial contracts 349 Antenuptial contractsFraud in procuring	326

Contracts and conveyances between husband and wife 351 Deeds of separation 352 Conveyances to husband and wifeEstates by entireties	327

Inchoate interests	328

Effect of divorce on real property rights IMPROVEMENTS 355 Occupying claimants	329

Improvements by grantees and mortgagees	331

Improvements by life tenant 358 Improvements by cotenantsRights upon partition	332

Improvements by tenants	333

Miscellaneous notes	334

INFANTS AND INSANE PERSONS 361 Validity of deeds 362 Affirmance and disaffirmance of contracts and conveyances	335

Conditions avoiding policy for lack of sole and unconditional ownership by insured	339

Condition in policy against change in insureds title	343

Condition in policy against change in insureds titleChange of title by descent 373 Condition in policy against change in insureds titleContract to conv...	344

Waiver of forfeiture clauses in policy	348

Construction of statutes making insurer liable for full value of property as stated in policy in case of total loss	349

Miscellaneous notes	351

AppropriationExtent of rightPriorities	352

AppropriationChange in use or point of diversion 382 Actions and adjudications concerning water rights	354

Contracts concerning water rights	356

Conveyance of water rights	357

Miscellaneous notes	358

JUDICIAL SALES 386 Puffers at judicial sales	359

Publication of noticeSunday newspaper	361

Judicial sales of infants lands	363

GuardiansPower to convey or incumber wards property	364

Guardian ad litemAppointmentFees	365

Insurable interestInsurance by life tenant	366

Insurance by purchaser at foreclosure sale	367

Rights of mortgagor and mortgagee 360 Mortgage clause in policy	368

Notice to quitService by mail	370

Surrender by operation of law 399 Attornment	371

Wrongful eviction by landlord 401 Wrongful eviction by landlordAction for damages	373

Eviction from part of premisesApportionment of rent 403 Farming on the sharesTitle to crops	375

Landlords lien 405 Landlords lienValidity of stipulation in lease giving lien on future crops and property not in being 406 Agricultural lien for adva...	377

Water rentsLiability of landlord to	378

Repairs 409 Miscellaneous notes	380

What constitutes a valid lease	381

Parol leases 412 Agreements changing terms of lease	382

Construction of leases 414 Construction of leasesOptions to purchase	384

Covenants in leases	386

Implied covenants 417 Renewal of lease 418 Renewal of leaseCovenant giving right to renew for different periods	387

Subletting	389

Assignment of lease 421 Assignment of leaseLiability of assignee 422 Destruction of premises	390

Miscellaneous notes	392

What constitutes a license	393

Revocation of license	394

Judgment lienEstate to which it attaches	395

Judgment lienWhen it attachesDocketing and recording 428 Judgment lienDurationRevival or renewal of judgment Rights of intervening purchasers	397

Judgment lienPriority	398

Judgment lienMiscellaneous notes	399

Attorneys liens 432 Equitable liens	400

Legacies as a charge on land	401

Lis pendensGeneral principlesStatutes construed	402

Pendente lite purchasers MARRIED WOMEN 436 Estoppels applied to married women	403

Miscellaneous notes	404

Statute of limitations as applied to trusts 759773 Statutory provisionsRecent constructions of and amend ments and changes in the statutory provision...	411

MECHANICS LIENS 460 Mechanics liens of statutory creationConstitutionality of statutes	414

Construction of mechanics lien statutes 462 Public property	415

Kind of labor or material for which a lien may be claimed 464 Lien for services of architect or superintendent	416

Labor on mining claim Statutes construed	418

Improvements by vendee 467 Improvements by lessee	419

Improvements by husband of owner	420

Subcontractors and materialmen 470 Subcontractors and materialmenStatutes construed	421

Subcontractors and materialmenHow far affected by payments to or contracts with the principal contractor	424

Filing of lien statementAmendments 485 Enforcement of lienComplaintAmendment	437

Enforcement of lienParties pleading and practice	438

Enforcement of lienProof in the action	439

Enforcement of lienStatute of limitations 489 Enforcement of lienMiscellaneous notes	440

MINES	441

Statement of case reported 491 Liabilities of lessee of coal mines for sewer assessmentThe word reprises defined	442

Mining leasesConstruction	445

Gas and oilNature of property inStatute prohibiting pumping 494 Oil and gas leases	447

Right of mining lessee to remove fixtures	448

Miscellaneous notes	450

What constitutes a valid mortgage 498 What constitutes a valid mortgageNecessity of debt and descrip tion of	451

Equitable mortgageMortgage by deposit of title papers	452

Construction of mortgages	453

Title of parties and right to possession	454

Taxes on mortgaged premisesCovenants and contracts con cerning	456

Afteracquired propertyMortgage to secure advances	457

Deeds construed as mortgages 506 Deeds construed as mortgagesWritten defeasanceNecessity and sufficiency of 507 Deeds construed as mortgagesC...	460

Action to declare deed a mortgageBurden and sufficiency of proof	461

Action to declare deed a mortgagePleading and practiceTitle and right of parties	462

Priority of mortgages 511 Priority of mortgagesPurchase money mortgageMortgage for future advances	464

Assumption of mortgageTaking conveyance subject to mortgage 513 Assumption of mortgageAgreement of assumptionPersonal liability	466

Assumption of mortgageSurety relation of mortgagorExten sions	467

Assumption of mortgage by grantee of part of premises	468

Assumption of mortgageAction on covenantDefenses 517 Assignment of mortgageWhat constitutes	470

Assignment of mortgageTitle and rights of assignee 519 Assignment of mortgageRecording assignmentPayment after assignment	471

Payment release and satisfaction	473

Release of part of mortgaged premises	475

Authority to receive paymentPayment to agent	476

Release by mistake or without authority	477

Penalty for failure to enter satisfactionStatutes construed	478

Strict foreclosure 526 Breach authorizing foreclosureFailure to pay interest or taxes	479

Foreclosure proceedingsGeneral principlesPracticeStatutes construed	482

Complaint in foreclosure proceedings	484

Parties to foreclosure proceedings	485

Defenses to foreclosure proceedings	486

Usury as a defense to foreclosure proceedings	487

Statute of limitations	489

Judgment in foreclosure proceedings	491

Personal and deficiency judgment upon foreclosure of mortgage Statutes construed	492

Allowance of attorneys fees in foreclosure proceedings	493

Appointment of receiver in foreclosure proceedings 537 Appointment of receiver in foreclosure proceedingsRights of one liable to a deficiency judg...	495

Counterclaims and cross bills in foreclosure proceedings	496

Adjudication of adverse claims of third parties in foreclosure proceedings 540 Foreclosure against deceased mortgagor	497

Rights of junior encumbrancers	498

Marshalling securitiesRule where portions of the mortgaged premises have been conveyed	499

Sale under decree of foreclosure	500

Appraisement of propertyNebraska cases	501

Notice of sale 546 Sale in parcels or in solido	502

Application of proceeds of sale 548 Validity of foreclosure saleSetting aside	503

Confirmation of foreclosure sale	504

Title rights and liabilities of purchaser 551 Title rights and liabilities of purchaserEasements created against or in favor of mortgaged premises after e...	505

Right of purchaser to possession and writ of assistance	506

Foreclosure by advertisement 554 Foreclosure by advertisementSufficiency of notice	510

Power of saleRevocation by death of mortgagor	511

Power of saleSale under	512

Sale under powerPurchase by mortgagee	513

Deed of trust to secure debts	514

Sale under deed of trust 560 Sale under deed of trustAppointment or substitution of trustee Sale	517

Building and loan association mortgages 562 Building and loan association mortgagesForeign associations 563 Building and loan association mortga...	518

Building and loan association mortgagesAccountingComputa tion of amount due 565 Building and loan association mortgagesRights of parties upon ...	520

Miscellaneous notes	522

Knowledge sufficient to charge one with notice 568 Charging notice to principal on account of knowledge of his agent or attorney	523

Notice by publicationValidity of order based on affidavit previ ously made	524

NUISANCE	527

Statement of case reported 571 Stepping stone on front edge of sidewalkLiability of abutting owner for injury caused thereby	528

What constitutes a nuisance	531

Platform and sidewalk alongside a store room	532

Unsightly structures and disorderly resorts 575 Discharge of water drains and sewers	534

Blacksmith shopInjunction against as a nuisance	535

Liability for continuing a nuisance	537

Liability of owner for nuisance maintained by his licensee 579 Legislative and municipal control	538

Power of municipality to revoke a license granted by it to extent operations thereunder have become a nuisance	539

Injunction by state against criminal nuisance	541

Remedies and proceedings against nuisances	544

Acquiring prescriptive right to maintain nuisance 584 Partition by agreement PARTITION	546

Who may have partition	547

Partition as a matter of right between tenants in common 587 Partition proceedingsComplaint and parties	549

Partition proceedingsWhat may be adjudicated 589 Partition proceedingsMiscellaneous notesStatutes construed	550

Allowance of costs and attorneys fees	553

Partition sales	554

PARTNERSHIP REAL ESTATE 592 What constitutes partnership real estateConversion of partner ship personalty into real estate	555

PARTY WALLS 593 What constitutes a party wallRight to openings	556

Contracts concerning party wallsRight to contribution	557

Maps and plats PLATS AND SURVEYS	558

Surveys and surveyingProof of intention of surveyor	559

Possession as notice of rights or title	560

Possession of tenant as notice POWER OF ATTORNEY 599 Authority conferred by power of attorney	562

Indians and public lands	563

Conclusiveness of decisions of land departmentPower of state courts	566

School lands	567

Mining claimsLocation and relocation 604 Mining claimsLocation and relocationWhat constitutes a vein	568

Mining claimsMarking boundariesNotice of locationDescrip tion 606 Mining claimsMarking boundariesVein discovered beneath the surface	570

Mining claimsFollowing dip of vein 608 Mining claimsDoing required amount of workForfeiture and relocation	572

Mining claimsConflicting locationAdversary proceedings 610 Mining claimsConflicting locationAdversary proceedings Necessity of showing citizen...	575

Millsite locationRights of conflicting lode claimants	577

Swamp and tide landsStatutes construed	580

Townsite lands 614 Grants to railroadsStatutes construed	583

Preemption of public lands for homestead	584

Contracts concerning homestead landsLiability for debts	585

Mortgaging of homestead lands	586

PatentsConclusiveness	587

PatentsConflict between senior and junior patentee 620 PatentsMiscellaneous notes	588

Construction of miscellaneous Acts of Congress and local statutes 622 Water rights on public lands	590

Miscellaneous notes	591

QUIETING TITLE 624 What constitutes a cloud on a title 625 As to when the action will lie and who may maintain	592

Possession by plaintiff required	594

Complaint in action to quiet title	595

Defenses and cross petitions	597

Practice in action to quiet titleMiscellaneous notes 630 Trespass to try title REAL ACTIONS 631 JurisdictionState and federal courts	600

Jurisdiction depending on action involving title	602

Jurisdiction over lands in another county or state	603

Jurisdiction of courts of equity	604

Former adjudicationGeneral principles 636 Former adjudicationWho bound	605

Former adjudicationJudgment against lessor or lessee	606

Former adjudicationParticular cases	608

InjunctionsGeneral principlesPractice	609

InjunctionsCauses sufficient for granting	611

Injunctionscauses insufficient for granting	612

Injunctions against trespass	613

Injunctions against removal of timber or to protect mining rights	614

Appointment of receiverPractice	615

Appointment of receiver on application of remaindermen	616

Title rights power and liabilities of receiver 647 Foreign receiverAction	617

Sale by receiver	619

New trial of right	620

AppealsTrial anew on appealJurisdiction of appellate court 651 Parties to real actions	621

REAL ESTATE AGENT 653 Employment of agent 654 Power of agent to bind principal	623

Agent to sell landPower to bind principal by contract of sale	624

Agent to procure loanAuthority to bind principal to pay for complete searches of title does not include title insurance The two distinguished	625

Duties and liabilities of agent to his principalTrust relation 658 Recovery of commissionGeneral principles and particular cases 659 Recovery of com...	630

Recovery of commissionSale by third party 661 Recovery of commissionAgent procuring binding contract for exchange of land which fails on acco...	631

RECORDS AND RECORDING 662 What instruments may be recordedRecording of instruments not entitled to record	633

Records as noticePriorities	634

Records as noticeRecord of instrument in wrong book 665 Records as noticeProbate records outside chain of title	636

Unrecorded instruments	637

Equity of redemptionPurchase	641

Redemption by lienholder 679 Redemption from mortgage foreclosure	642

Redemption from mortgage foreclosureStatutes construed	644

Agreements concerning redemptionExtension of time 682 Change in redemption statutes	645

Procedure to effect redemption	646

What instruments can be reformed and when equity will reform them	647

Mutuality of mistake required 686 Reformation of mistakes in descriptions	648

Proof required in actions for reformation RENTS 688 Right to rentsMiscellaneous notes	650

Right to rentsMortgagor and mortgagee	651

Creation of liability to pay rent 691 Rights and liabilities of assignees or receivers in reference to rents	652

Pleading and practice in actions for rent 693 Defenses and counterclaims in actions for rent	653

Evidence in actions for rent	654

Collection of rent by attachment or distress RESULTING TRUSTS 696 General principles	655

Trust arising out of fraud or violation of contract	656

Trusts arising from the payment of purchase money	657

Trusts arising from payment of purchase moneyWhen trust must arisePayment of aliquot part	659

RIGHT OF WAY 701 Recovery of damages for appropriation of right of	661

Agreements to convey right of wayRemedy for breach 703 Grants of right of wayConditions covenants and limitations 704 Grants of right of wayCo...	664

Use of right of waySowing Bermuda grass on to preserve em bankmentsDamages to adjacent owners	666

Use of right of wayControlling use of by hackmen	669

Right of street railroad to cross railroad track	671

Crossing of railroads streets and highwaysStatutes construed	674

RIPARIAN OWNERS 709 Title and rights of riparian owners	675

Title to lakesMeandered lakes	677

Navigable watersWhat are and title to lands under	678

Navigable watersRiparian rights	680

Navigable watersWharf rights	681

Navigable watersRights of navigators as to use of banks and trees growing thereon	682

Right of fishery	684

AccretionRights of riparian owners	685

Obstruction or diversion of waters	686

Obstruction diversion or pollution of waters as a public nuisance or criminal offense	687

SURFACE WATER	697

Contracts to convey land	702

Performance diligence and good faith required of person seeking 732 Complaint in action for specific performance	706

Tender required of plaintiff	707

Practice in actions for specific performance 735 Practice in actions for specific performanceOutstanding dower right	709

Defenses to action for specific performance	710

Counterclaim setoff and cross bill	711

STARTING FIRES 738 Liability of trespasser starting a fire	712

Contributory negligence 740 Liability of railroad companies for firesNegligence	715

Action for injury by fireEvidence and instructions	717

Action for injury by fireMeasure of damages	718

Obstruction or diversion of watersAcquirement of right to by prescriptive use or payment of damages	719

Obstruction or diversion of watersInsufficient railroad culverts or drains	720

Obstruction or diversion of watersMeasure of damages	721

Obstruction or diversion of watersInjunction against removal of dam maintained for the prescriptive period	722

Floating logs in streamLiability for causing overflow	723

Polluting stream by use of waters for manufacturing purposes	724

Pollution of watersDischarge of sewerageRight of cities SPECIFIC PERFORMANCE	725

What contracts may be specifically enforcedGeneral principles	726

What contracts may be specifically enforcedParticular cases	727

Application of statute of limitationsGeneral principles 752 As to when the statute begins to run 753 As to when the statute begins to runFraudulent co...	728

As to when the statute begins to runRemoving lateral support or changing flow of water	729

Interruption or suspension of statutePayments or recognition of titleDisabilities	730

Rights and liabilities as to discharge of surface water 775 Right of landowner to construct ditches and drains	738

Diversion of surface water by railroad	739

Liability of municipalities	740

TAXES AND TAX TITLES 778 Collateral inheritance taxConstitutionality and construction of statutes	741

Taxation of mortgaged real estate	744

Payment of taxes by mortgageeRights and lien acquired	745

Exemption from taxationGeneral principlesStatutes construed 782 Exemption from taxesPublic lands and public property	747

Exemption from taxesProperty of educational institutions 784 Exemption from taxes Property of Chautauqua Assembly 785 Exemption from taxesPr...	750

Exemption from taxesLodge property	751

Interruption or suspension of statutePayments by grantee as suming incumbrance	755

Assessinent of taxesGeneral principles 789 Assessment of taxesStatutes construed	756

LachesGeneral principles and particular cases	757

Assessment of taxesIn whose name assessment should be made 791 Assessment of taxesDescription of property 792 Assessment of taxesOmission of ...	759

Assessment of taxesBoards of equalization	761

Assessment of taxesBoards of equalizationNotice of meeting 795 Lien for taxes 796 Taxes levied on personalty as a lien on realtyPriority	765

Publication of delinquent listNotice of tax sale	767

Sale of land for taxesMiscellaneous notes	769

Who may purchase at tax sale	770

Soo Title and rights of purchaser at tax sale 801 Rights and remedies of purchaser at invalid tax sale Soe Irregularities sufficient to avoid or invalidate...	771

Irregularities insufficient to avoid or invalidate a tax saleAssess ment in name of prior owner after record of his conveyance to another	774

Setting aside tax sale 804 805 Redemption from tax sale	777

Notice of expiration of time to redeem 807 Notice of expiration of time to redeemRights of assignee of owner	780

Certificate of sale and tax deed	781

Tax deedConclusiveness as evidence of title	783

Judicial proceedings to confirm and enforce tax titles 811 Summary proceedings to sell land for taxes	784

Judicia proceedings to collect taxes	786

Petition to enforce tax lienEffect of insufficient description 814 Statute of limitations and tax titles	789

Construction of miscellaneous statutes	790

TENANTS IN COMMON 816 Creation and conveyance of estates in common	791

Trust relationBuying in titles and discharging incumbrances 818 OusterLiability for rentAccounting	793

Sale of timber by tenant in common TITLE	795

What constitutes paper title	796

Good and marketable title 822 Good and marketable titleRights of vendeeSpecific perform	798

ance TREES 823 Revocation of license to cut and remove growing trees	800

Parol sale of growing trees	801

Contracts and conveyances concerning timber and trees 826 Construction of conveyance of all the pine and spruce timber standingTimber defined	804

Wrongful cutting and removal of timberRights and remedies of owner	808

Wrongful cutting and removal of timberOccupancy as a defense to the action	810

What constitutes trespass	811

Liability of employer for trespass by employees	813

Liability of firm for trespass by one of its membersJoint lia bility of several persons acting separately	815

Who may maintain an action for trespassTitle or interest nec	817

Right of one having constructive possession of land to maintain trespass	818

Practice in actions for trespassMiscellaneous notes 835 Defenses to action for trespass	820

Evidence in action for trespass	821

Measure of damages 838 Measure of damagesExemplary or punitive damages 839 Miscellaneous notes	823

Creation of express trustsNecessity and sufficiency of writing	824

Parol evidence to establish express trusts	825

Construction of particular instruments creating trusts 843 Conveyance of land in trust to pay grantors debts	827

Statute of uses and passive trusts 845 Power of courts in respect to trusts	830

Title rights powers and liabilities of trustees	831

Sale and conveyance by trustee	832

Suits by foreign trustees	833

Trustee dealing with trust estatePurchase at his own sale	834

Revocation of trusts	835

Retention of title to secure purchase money 866 Vendors lienCreation	848

Vendors lienAssignmentPriority 868 Vendors lienLoss or waiver	849

Vendors lienWaiver by taking obligation of third person	850

Compensation of trusteeEffect of his negligence or bad faith	851

Miscellaneous notes VENDOR AND VENDEE	852

Destruction of buildings after contract of saleRight to insur ance	853

Damages for injuries to landRights of vendor and vendee	854

Right to possession of muniments of title	855

Bond for title	856

Option contracts	857

As to what constitutes a contract of sale	858

Construction of land contractsForfeitures	859

Construction of land contractsParticular cases	860

Rescission of contractsDefects in title or deficiency in quantity	861

Action for purchase money	862

Defenses to action for purchase money	863

Recovery by vendee of purchase money paidLien	864

Construction of willsEstate devised	865

Construction of willsParticular wills	867

Estoppel by acceptance of devise 888 Devise in lieu of marital rightsElection	868

Powers contained in wills	869

Creation of power of sale by implication	870

Miscellaneous notes	872

Πνευματικά δικαιώματα

Συχνά εμφανιζόμενοι όροι και φράσεις

abutting acquired action adjoining adverse possession agreement assignment authorities boundary breach building cemetery charitable child church claim Code community property constitute construction Construing and applying contract conveyance corporation court of equity court say covenant of warranty damages death debt defendant devise dower easement ejectment eminent domain entitled equity erection executed fee simple fence grantee grantor heirs held husband incumbrances injury land landlord Law Rep lease liable lien Mass Minn mortgage municipal N. J. Eq N. W. Rep notice owner parties payment Pendennis Club person plaintiff plat premises prescriptive period proceedings purchase purpose quitclaim deed railroad company real estate recover remainderman seisin Stat statute street subsequent sufficient tenant Tenn thereof tion tract trust ultra vires valid vendee void wife

Δημοφιλή αποσπάσματα

Σελίδα 684 - Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law as the legislature, under the governing and controlling power...‎

Εμφανίζεται σε 173 βιβλία από 1847-2008

Σελίδα 134 - The degrees of kindred shall be computed according to the rule of the civil law; and kindred of the half blood shall inherit equally with those of the whole blood, in the same degree, unless the inheritance came to the intestate by descent, devise or gift of some one of his ancestors, in which case all those who are not of the blood of such ancestor shall be excluded from such inheritance.‎

Εμφανίζεται σε 252 βιβλία από 1841-1992

Σελίδα 46 - A charity, in a legal sense, may be more fully defined as a gift to be applied, consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their...‎

Εμφανίζεται σε 236 βιβλία από 1830-2008

Σελίδα 752 - Property shall be assessed for taxes under general laws, and by uniform rules, according to its true value.‎

Εμφανίζεται σε 215 βιβλία από 1816-2005

Σελίδα 745 - A mortgage, deed of trust, contract, or other obligation by which a debt is secured, shall, for the purposes of assessment and taxation, be> deemed arid treated as an interest in the property affected thereby.‎

Εμφανίζεται σε 242 βιβλία από 1870-2007

Σελίδα 247 - I. c. 11.) the presumption of the duration of life, with respect to persons of whom no account can be given, ends at the expiration of seven years from the time when they were last known to be living.‎

Εμφανίζεται σε 69 βιβλία από 1809-2005

Σελίδα 586 - That no lands acquired under the provisions of this Act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therefor.‎

Εμφανίζεται σε 387 βιβλία από 1860-2007

Σελίδα 586 - ... the person making such entry; or, if he be dead, his widow; or in case of her death, his heirs or devisee; or in case of a widow making such entry, her heirs or devisee, in case of her death; shall prove by two credible witnesses that he, she, or they have resided upon or cultivated the same for the term of five years immediately succeeding the time of filing the affidavit...‎

Εμφανίζεται σε 243 βιβλία από 1847-2007

Σελίδα 51 - ... whenever the questions of discipline, or of faith, or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatorios to which the matter has been carried, the legal tribunals must accept such decisions as final, and as binding on them, in their application to the case before them.‎

Εμφανίζεται σε 84 βιβλία από 1872-2005

Σελίδα 684 - We think it is a settled principle, growing out of the nature of well ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.‎

Εμφανίζεται σε 267 βιβλία από 1849-2006

Πληροφορίες βιβλιογραφίας

Τίτλος	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 9 Law of Real Property: Being a Complete Compendium of Real Estate Law, Embracing All Current Case Law, Carefully Selected, Thoroughly Annotated and Accurately Epitomized, Arthur Walker Blakemore
Επιμελητές	Emerson E. Ballard, Tilghman Ethan Ballard
Συνεισφέρων	Arthur Walker Blakemore
Εκδότης	Ballard Publishing Company, 1903

Εξαγωγή αναφοράς	BiBTeX EndNote RefMan

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