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

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S. Whitney, 1883 - 536 páginas

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Contenido

Money treated as realty
27
Shares in stocks 12 Manure seaweed
28
CHAPTER II
30
CHAPTER III
43
Who may be tenants 29 Conveyance by tenant
48
How barred
49
Incidents
50
CHAPTER IV
51
Origin and history
52
Favored in
53
Lex loci in respect
54
Requisites of dower
55
Seizin of husband
56
57 Death of husband
57
58 Effect of divorce
58
CHAPTER V
59
Alienage
60
In what things dower may be
61
What things not liable to 1 63 Widows right of election 64 How barred 65 Forfeiture for crime
65
How barred by deed
66
Assignment
67
Who may assign
68
How assigned
69
How recovered
70
71 Damages
71
Origin and description
81
How created
82
Tenant for has no seizin
83
May commence in futuro
84
Is a chattel real
85
Incidents
86
Merger by union with freehold
87
CHAPTER VIL JOINTURE 72 Definition 73 Requisites of 74 When a bar of dower
89
Assignment and underlease
95
Forfeiture CHAPTER IX
102
Acceptance of 96 Contract upon shares 97 Perpetual lease 98 Beginning of lease 99 Termination of tenancy 100 Surrender and merger 101 Assig...
103
Estoppel
104
Validity
105
CHAPTER X
106
Kinds of rent
107
At what time payable
108
109 Distress for recovery
109
Other remedies for the recovery
110
Lien to secure payment
111
Apportioning rents
112
What constitutes
113
Cutting trees
114
In buildings
115
Opening mines
116
Improper cultivation of land
117
Act of
118
Remedy by action
119
Remedy in equity
120
Definition
121
Incidents
122
How determined
123
Estate from year to year
124
Nature of tenancy at sufferance
125
License
126
127 Revocation of license
141
state
148
How lost
151
130 Ferries
153
Bridges
154
Fishery
156
Subject to eminent domain 134 How lost
157
CHAPTER XIV
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
Uses prior to statute of uses
184
Under statute of uses
186
Who may be seized to uses
187
What property within statute 154 Must be a cestui que use in esse
188
Must be a use in esse
189
Construction of statute 157 Statute of uses in United States
190
Extinguishment or suspension of
191
Definition and origin of trusts
192
Creation of trusts
193
Declaration of trust
194
Acceptance of trust
195
Implied trusts
196
Who may be trustees 165 Who may be cestui que trust
199
Estate of trustee
200
Incidents to estate of trustee
201
Union of legal and equitable estates 169 Incidents to trusts
202
Effect of lapse of time on trust 171 Compensation of trustees
204
CHAPTER XVI
205
At what time remainder must vest
211
How defeated
212
Cross remainders
213
Rule in Shelleys Case
214
Nature of contingent uses
216
Springing uses
217
Shifting uses CHAPTER XVII
218
CHAPTER XVIII
221
CHAPTER XIX
227
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
Time of prescription
280
Requisites of prescription 251 Prescription how lost
281
Adverse possession
283
Title by estoppel
284
254 Accretion
287
Escheat
288
256 Eminent domain
289
Public grant
290
Preemption
292
259 Land warrant 260 By execution
293
Tax deed
296
Attestation
297
Requisite reading
298
What descends to heir
299
Who may be heirs
300
Consanguinity or kindred
301
What law controls
302
Illegitimate children
303
Posthumous children 269 Rights of aliens
304
Attainder
305
Seizin of ancestor
306
English rules of descent
307
Principles of descent in United States
308
Covenants in deeds
309
Advancement
310
Lands charged with debt of ancestor
311
CHAPTER XXIV
313
On what material written
315
Filling blanks
316
Effect of alterations
317
Who may convey by 282 Who may be grantees
318
283 Conveyances by married women
319
Deeds of infants
320
By persons of unsound mind
321
286 Conveyances by corporate bodies
322
Aliens as parties to 288 Effect of duress on deeds
323
Fraud and undue influence
324
Revocation of will
335
Revocation by codicil
336
337 Revocation by express writing
337
Names of parties 291 Date 292 Consideration
338
Implied revocation
339
Republication
340
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
369
Nature of contract
372
Separate acknowledgment of by married women 321 Registration
373
Parties to contract
374
Canceling deeds
375
Reformation of deeds
376
377 Statute of Frauds
377
Quitclaim deeds
378
CHAPTER XXV
379
333 Attestation
390
Publication of will
391
CHAPTER XXVI
407
Joint tenancy how created
409
Properties of joint tenancy 352 Survivorship
410
Other incidents of joint tenancy
411
Trustees as joint tenants 355 Dissolution of joint tenancy 356 Estates in coparcenary
413
Nature of tenancy in common
414
Creation of tenancy in common
415
Possession by one cotenant
416
One cotenant may sue another
417
Actions against strangers
419
Improvements repairs taxes
420
Conveyances by tenants in common
421
Estates in partnership
422
Joint mortgages
424
Tenants by entirety
425
Partition
427
Who may have partition
428
Parties defendant in partition
430
Judgment or decree in partition
431
Warranty in partition deeds
432
Part performance
448
381 Construction
449
Time of performance
452
383 Title
455
384 Defect in titleRelief
457
Tender of deed
459
At what time title passes
460
Rescission of contract
461
Mistake
463
Fraud
466
Incapacity of party
468
BOONE REAL PROP
469
Inadequacy and excess of consideration 392 Specific performance
473
393 Vendors lien
475
Waiver of vendors lien
477
Enforcement of vendors lien
478
Vendees lien
479
Action for purchasemoney
480
398 Defenses to action for purchasemoney
481
399 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
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 77 Who may take 78 Waste etc 79 Effect of eviction from 80 Favored in equity
519
Who may make
521
Who may take 221 What may be mortgaged 222 Form and requisites
523
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Página 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,
Página xiv - 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.
Página 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...
Página 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...
Página 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.
Página 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 ;
Página 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.
Página 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.
Página 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.
Página 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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