Commentaries on American Law, Τόμος 4W. Kent, 1854 |
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Αποτελέσματα 1 - 5 από τα 86.
Σελίδα 5
... prior to the statute of uses , the fee , in the view of a court of chancery , passed by reason of above restriction has been essentially changed in this country , as we shall see here- after , when we come to treat of the law of descent ...
... prior to the statute of uses , the fee , in the view of a court of chancery , passed by reason of above restriction has been essentially changed in this country , as we shall see here- after , when we come to treat of the law of descent ...
Σελίδα 6
... prior feoffment in fee is implied . Nor does the rule apply to a common re- covery , which is in legal contemplation a real action ; for the recoverer takes a fee by fiction of law , according to the ex- tent of his former estate , of ...
... prior feoffment in fee is implied . Nor does the rule apply to a common re- covery , which is in legal contemplation a real action ; for the recoverer takes a fee by fiction of law , according to the ex- tent of his former estate , of ...
Σελίδα 15
... prior to Newton v . Griffith , ( 1 Harris & Gill , 111 , ) would seem to apply to that species of estates - tail . Such estates may be barred by deed as well as by common recovery ; and they are chargeable with debts by mortgage , and ...
... prior to Newton v . Griffith , ( 1 Harris & Gill , 111 , ) would seem to apply to that species of estates - tail . Such estates may be barred by deed as well as by common recovery ; and they are chargeable with debts by mortgage , and ...
Σελίδα 31
... prior and paramount title , and all intermediate rights and incumbrances are destroyed . On the other hand , a limitation merely shifts the estate from one person to another , and leaves the prior seisin undisturbed . The limitation ...
... prior and paramount title , and all intermediate rights and incumbrances are destroyed . On the other hand , a limitation merely shifts the estate from one person to another , and leaves the prior seisin undisturbed . The limitation ...
Σελίδα 46
... prior to her marriage , or when she joined with her husband in the mortgage , she is , after her husband's death , if she claims her dower , bound to contribute ratably towards the redemption of the mortgage . If the heir redeems , she ...
... prior to her marriage , or when she joined with her husband in the mortgage , she is , after her husband's death , if she claims her dower , bound to contribute ratably towards the redemption of the mortgage . If the heir redeems , she ...
Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
alienation ancestor appointment assignment brothers and sisters chancery chattels Code collateral common law condition contingent remainder convey conveyance court of chancery court of equity covenant created creditor death debt declared decree deed default descendants doctrine dower English law entitled entry equally estoppel execution executory devise Fearne feoffee feoffment feudal foreclosure freehold grant grantor half blood heirs held husband ibid inheritance intention interest intestate issue Jackson Johns joint tenants judgment land lease lessee lien limitation Litt Lord Eldon Lord Mansfield Massachusetts mortgage mortgagor New-Jersey New-York Revised Statutes North Carolina notice Ohio Rep operation Paige particular estate party personal estate possession Preston principle provision purchaser real estate rents and profits revocation rule rule in Shelley's seised seisin sell statute law subsequent supra take effect tenants in common Term Rep tion valid Vesey vested void wife words
Δημοφιλή αποσπάσματα
Σελίδα 396 - ... part of the personal estate ; and this law relative to descents and dower, shall remain in full force, until altered by the legislature of the district.
Σελίδα 495 - Every contract for the leasing for a longer period than one year, .or for the sale of any lands or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made.
Σελίδα 281 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate, except in the single case mentioned in the next section.
Σελίδα 500 - And until the governor and judges shall adopt laws as hereinafter mentioned estates in the said territory may be devised or bequeathed by wills in writing signed and sealed by him or her in whom the estate may be, being of full age, and attested by three witnesses, and real estates may be conveyed by lease and release or bargain and sale signed, sealed and delivered by the person being of full age in whom the estate may be and attested by two witnesses...
Σελίδα 226 - It is a rule in law when the ancestor by any gift cr conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs in fee or in tail, that always in such cases 'the heirs' are words of limitation of the estate, and not words of purchase.
Σελίδα 424 - If there be no issue, nor husband, nor wife, nor father, then in equal shares to the brothers and sisters of the intestate, and to the children of any deceased brother or sister, by right of representation...
Σελίδα 18 - And yet Time hath his revolutions ; there must be a period and an end to all temporal things— -finis rerum, an end of names and dignities, and whatsoever is terrene, and why not of De Vere ? For where is Bohun ? Where is Mowbray ? Where is Mortimer ? Nay, which is more and most of all, where is Plantagenet ? They are entombed in the urns and sepulchres of mortality. And yet let the name and dignity of De Vere stand so long as it pleaseth God!
Σελίδα 407 - ... unless it shall be proved that he inherited the same, in which case the person from whom he inherited the same shall be considered to have been the purchaser unless it shall be proved that he inherited the same ; and in like manner the last person from whom the land shall be proved to have been inherited shall in every case be considered to have been the purchaser, unless it shall be proved that he inherited the same.
Σελίδα 324 - 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 281 - ... a contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited, die under the age of twenty-one years, or on any other contingency by which the estate of such persons may be determined before they attain full age. For the purposes of this section, a minority is deemed a part of a life, and not an absolute term equal to the possible duration of such minority.