A Manual of the Law of Real Property: Including, Also, General Rules of Law Relating to the Purchase and Sale of Real Property, Or Law of Vendor and Purchaser. As Determined by the Leading Courts of England and the United States

Εξώφυλλο
S. Whitney, 1883 - 536 σελίδες
 

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Περιεχόμενα

Shares in stocks 12 Manure seaweed
28
CHAPTER II
30
CHAPTER III
43
ESTATE FOR LIFE
48
Definition 34 How created 35 Pur autre vie 36 Right to estovers and emblements 37 How affected by merger 38 Encumbrances taxes etc 39 Forfe...
51
COURTESY 44 Definition and origin 45 Requisites
59
Forfeiture CHAPTER VI
65
How assigned 70 How recovered 71 Damages
66
CHAPTER VIL JOINTURE 72 Definition 73 Requisites of 74 When a bar of dower
89
CHAPTER VIII
95
Forfeiture CHAPTER IX
102
Acceptance of 96 Contract upon shares 97 Perpetual lease 5 98 Beginning of lease 99 Termination of tenancy 100 Surrender and merger 101 Assig...
103
Validity
105
CHAPTER X
106
Kinds of rent
107
At what time payable
108
Distress for recovery of 110 Other remedies for the recovery of 111 Lien to secure payment of 112 Apportioning rents
123
CHAPTER XI
133
ESTATE AT WILL 121 Definition of 122 Incidents to 123 How determined 6 124 Estate from year to year 125 Nature of tenancy at sufferance ...
141
How lost
151
Ferries
153
Bridges
154
Fishery
156
Subject to eminent domain 134 How lost
157
EASEMENTS 135 Definition and nature 136 How acquired
158
By prescription
162
Custom
163
Dedication
165
Effect of dividing estate
166
Easements in water
167
Light and
170
Ways as easements
171
Lateral support of soil
173
Party walls
176
Mines and mining rights
177
How lost or determined
179
Remedies for obstruction
181
CHAPTER XV
183
REMAINDERS 172 Definition 173 Vested or contingent 174 Different kinds of contingent remainders 175 Event on which contingent remainder ...
205
How defeated
212
Cross remainders
213
Rule in Shelleys Case
214
Nature of contingent uses
216
Springing uses
217
Shifting uses CHAPTER XVII
218
EXECUTORY DEVISES 197 Definition and nature 198 How classified
227
Executory devise or remainder
229
When too remote
230
May be assigned etc CHAPTER XX
231
Words implying a condition
234
Void conditions
235
Performance of condition
236
Who bound by condition 211 When condition is excused or waived
238
Enforcement of condition 8 213 Relief on breach of condition
239
Indebtedness secured by 224 Equitable mortgages 225 Conditional sale or mortgage 226 Parol evidence to explain or vary 227 Nature of mortgag...
241
Who may redeem 229 Payment of mortgage debt 230 When right to redeem is barred 231 Nature of mortgagees interest 232 Assignment of mort...
242
CHAPTER XXIL TITLE
244
Definition
246
How acquired in general
247
By prescription
277
Time of prescription
280
Requisites of prescription 251 Prescription how lost
281
Adverse possession
283
Title by estoppel
284
Accretion
287
Escheat
288
Eminent domain
289
Public grant
290
Preemption
291
Names of parties 291 Date 292 Consideration
338
Recitals and their effect
339
Description of property
340
Boundaries
342
Exception reservation
344
Rules of construction
345
Construction of public grant 306 What passes as appurtenanta
348
What the term messuage includes 308 Title deeds
351
Covenants in deeds
352
Covenant of seizin
354
Breach of covenant of seizin
355
Covenant for right to convey
357
Covenants against incumbrances 314 Covenant for quiet enjoyment
360
Covenant for further assurance
361
Covenant of warranty
363
Covenants running with the land
366
Seizin
367
Damages for breach of covenants
368
Acknowledgment of deed 320 Separate acknowledgment of by married women
369
Registration
373
Canceling deeds
375
Reformation of deeds
376
Quitclaim deeds
377
Definition and nature
379
Attestation
390
Publication of will
391
CHAPTER XXVI
407
Partition
428
SALE AND PURCHASE OF LANDS 372 Nature of contract 373 What constitutes the contract 374 Parties to contract
433
Consideration
436
Auction sales 377 Statute of Frauds
439
Form of memorandum under statute
442
What are lands within the statute
445
Part performance
448
Construction
449
Time of performance
452
Title
455
384 Defect in titleRelief
457
Tender of deed
459
At what time title passes
460
Rescission of contract
461
Mistake
464
Fraud
466
Incapacity of party
468
BOONE REAL PROP
469
Inadequacy and excess of consideration 392 Specific performance
473
Vendors lien
475
Waiver of vendors lien
477
Enforcement of vendors lien
478
Vendees lien
479
Action for purchasemoney
480
Defenses to action for purchasemoney
481
Recovery back of purchasemoney
483
Action for use and occupation
485
Damages for failure to convey
486
Damages for failure to accept conveyance 403 Liquidated damages and penalty
490
Costs
494
Public grant
503
Birth of issue 48 Death of wife 49 Alienage
504
Signing and sealing 294 Execution by attorney 295 Delivery
506
21 Disseizin 22 American tenures
507
Equity of redemption
513
Equitable jointures S 77 Who may take 78 Waste etc 79 Effect of eviction from 80 Favored in equity
519
Who may make 220 Who may take 221 What may be mortgaged 222 Form and requisites
523
Classification 191 How created 192 Under statute of New York 193 Who may execute S 194 How executed S 195 Delegation of 196 How extingu...
526
Land warrant
527
By execution 6 261 Tax deed
532
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Δημοφιλή αποσπάσματα

Σελίδα 435 - That no action shall be brought whereby to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which. such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized,
Σελίδα 10 - A thing is deemed to be affixed to land when it is attached to it by roots, as in the ease of trees, vines, or shrubs; or imbedded in it, as in the case of walls; or permanently resting upon it, as in the case of buildings; or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws.
Σελίδα 463 - ... confidence is necessarily reposed by one, and the influence which naturally grows out of that confidence is possessed by the other, and this confidence is abused, or the influence is exerted to obtain an advantage at the expense of the confiding party, the person so availing himself of his position will not be permitted to retain the advantage, although the transaction could not have been impeached if no such confidential relation had existed...
Σελίδα 384 - Court shall inspect the will and see whether it appears to be signed by the testator, or by some other person in his presence and by his direction...
Σελίδα 203 - The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent.
Σελίδα 197 - that it may be laid down as a general rule, that where an estate is devised to trustees for particular purposes, the legal estate is vested in them as long as the execution of the trust requires it, and no longer ; and, therefore, as soon as the trusts are satisfied, it will vest in the person beneficially entitled to it ;
Σελίδα 243 - Whatever doubts may have existed heretofore on this subject, the better opinion, I think, now is, that courts of equity will support assignments, not only of choses in action, but of contingent interests and expectations and of things which have no present, actual existence, but rest in possibility only, provided the agreements are fairly entered into, and it would not be against public policy to uphold them.
Σελίδα 162 - The principle is, that where the owner of two tenements sells one of them, or the owner of an entire estate sells a portion, the purchaser takes the tenement or portion sold with all the benefits and burdens which appear at the time of the sale to belong to it, as between it and the property which the vendor retains.
Σελίδα 62 - A widow shall be endowed of the third part of all the lands whereof her husband was seized of an estate of inheritance, at any time during the marriage.
Σελίδα 220 - A power is an authority to do some act in relation to lands, or the creation of estates therein, or of charges thereon, which the owner granting or reserving such power, might himself lawfully perform.

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