A Treatise on the Law of Deeds: Their Form, Requisites, Execution, Acknowledgement, Registration, Construction, and Effect. Covering the Alienation of Title to Real Property by Voluntary Transfer. Together with Chapters on Tax Deeds and Sheriff's Deeds, Τόμος 1

Εξώφυλλο
Bancroft-Whitney Company, 1887
 

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Περιεχόμενα

Contract for board and lodging
38
Equity of redemption
39
Improvements upon land
40
Qualification or enlargement of interests already acquired
42
Revival of void contract
45
Revival of satisfied mortgage
46
Agreement for execution of covenant to convoy 48 Executory agreement for creation of lease 49 Lands owned in partnership
47
Parol proof of partnership in land
48
Samo subjectRule in various States
51
Agreements to establish title to land
52
Release of damages affecting land
53
Agreements to devise interests in land ? 55 Application of rules relative to specific performance
54
Parol evidence 57 Growing crops
55
Occupancy of the land
56
Distinction between fractus industriales and prima vestura 60 This distinction in New York
58
Other States
59
Opposite viewWhere this distinction is not observed
60
Easements are interests in land
63
THE PARTIES TO A DEED PART I
64
The capacity of the grantee 117 Deeds to husband and wife Common lawNew York I 118 Other States
65
Capacity to take or transfer real estate governed by the law rei sitae
66
Husbands name inserted by mistake j 120 Deeds to corporations 121 Question between State and corporation
112
Corporation acting in other States 123 The parties must be in esse at the time the conveyance is executed
115
CHAPTER V
116
Treaty paramount
120
Resident aliens
121
Deed of alien before office found 132 Naturalization
122
CHAPTER VI
124
Deeds must be written upon paper or parchment 134 Comments 135 Printed deeds
125
Whether writing with ink is necessary
126
Parol contracts may be enforced in case of part performance 138 Where this doctrine does not prevail
128
The basis upon which the principle rests 140 Part performance must have been done by the party seeking the enforcement of the contract 141 Acts ...
131
Convincing proof required 143 Lotter as memorandum of contract 144 Part performance of an agreement for several acts
133
Rule with reference to the taking of possession
134
Possession upon parol partition
143
Possession must be in pursuance of agreement 147 Relief when possession taken based upon equitable considerations
147
Parol gift of land
148
Compensation at law the test
149
Consideration
150
Presumption of delivery at date
158
Designation of grantee by description
162
Rule in New Hampshire that signature alone is sufficient
179
In Ohio
179
Mistake in Christian name
180
Not the province of habendum to introduce new subjectmatter
187
Where person does not understand Engllsiu
193
CHAPTER X
204
In equity 247 Seal required unless dispensed with by statute
210
Abolition of distinction between sealed and unsealed instruments
211
Effect of these statutes
212
Use of scrolls
214
Rule in Delaware IndianaIowa Louisiana Missouri and Virginia 252 In Mississippi 253 In Tennessee
215
Several persons may bind themselves by one seal
216
CHAPTER XI
217
Ratification of deed so obtained
232
Manual delivery not requisite
235
Delivery of commissioners deed 271 Delivery for inspection
236
Delivery to director of corporation 273 Deed delivered for examination whether a contract of purchase
238
Delivery to officer taking acknowledgment
240
Delivery to another for the grantees
241
Assent of grantee subsequent to delivery 277 Where there are sevoral grantors ? 278 Constructive delivery
246
Delivery after death of grantor 280 Absolute delivery to a third person to hold until grantors death jj 231 Instances
251
Delivery with a right to recall the deed
252
This rule not universally adopted
255
Saving expenses of administration
256
A different doctrine prevails in some of the States
280
Ground upon which these decisions are based 304 Redelivery without intention to revest title
282
Comments on these decisions
283
Redelivery to the grantor for correction acknowledgment etc 307 Delivery to a married woman J 308 Whether delivery is a question of law or fact
285
Deed taking effect as a will
286
Complete execution before delivery essential
287
CHAPTER XIII
290
Escrow delivered without authority or obtained fraudulentlypasses no title
300
Comments
305
Intention of parties
311
Legal title until performance of condition is in grantor
323
Not an escrow if grantor retains the right of control
324
CHAPTER XV
334
Contract of sale
340
Power to sell imports sale for cash
358
CHAPTER XVI
370
Deeds b
385
What notice must be given
387
Designation of place of sale
393
Sale should be beneficial to debtor
401
Waiver
408
Agreements between mortgagor and mortgagee
415
Married woman as trustee
422
What notice to be given
427
Declaration of trust
433
CHAPTER XVIII
439
CHAPTER XIX
450
Between the parties the acknowledgment may be impeached
451
Proof of locality in which officer had jurisdiction
480
Where there is no statutory provision
486
Signature of officer must be attached to certificate
492
Abbreviations sufficient designation of official character
498
Acknowledgment by trusteo
506
Surplusage does not vitiate certificate
513
Statement that officer is satisfied with identity insufficient
519
Omission of certain words under particular statutes
525
In Illinois
553
CHAPTER XX
559
Other cases in which certificates have been construed
594
Comments
602
Delaware
609
Massachusetts
616
North Carolina
622

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Σελίδα 5 - That no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate or whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person...
Σελίδα 5 - ... 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 5 - The following contracts are invalid, unless the same, or some note or memorandum thereof, be in writing and subscribed by the party to be charged,' or by his agent: 1. An agreement that by its terms is not to be performed within a year from the making thereof; 2.
Σελίδα 576 - By faith Noah, being warned of God of things not seen as yet, moved with fear, prepared an ark to the saving of his house; by the which he condemned the world, and became heir of the righteousness which is by faith.
Σελίδα 5 - An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein ; and such agreement. if made by an agent of the party sought to be charged...
Σελίδα 117 - Real and personal property of every description may be taken, acquired, held, and disposed of by an alien in the same manner in all respects as by a natural-born British subject ; and a title to real and personal property of every description may be derived through, from, or in succession to an alien in the same manner in all respects as through, from, or in succession to a natural-born British subject...
Σελίδα 190 - Write ye also for the Jews, as it liketh you, in the king's name, and seal it with the king's ring ; for the writing which is written in the king's name, and sealed with the king's ring, may no man reverse.
Σελίδα 31 - State governments, and with the exception of certain State regulations, very limited in their character, a system has been permitted to grow up by the voluntary action and assent of the population, whose free and unrestrained occupation of the mineral region has been tacitly assented to by the one government, and heartily encouraged by the expressed legislative policy of the other.
Σελίδα 120 - It must always be borne in mind that the Constitution, laws, and treaties of the United States are as much a part of the law of every State as its own local laws and constitution.
Σελίδα 252 - From the said decree an appeal was prosecuted to the supreme court of the United States, where it was held that the...

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