A Treatise on the American Law of Landlord and Tenant, Volume 2

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Contents

Liable without Actual Entry
28
Assignments by Deed and in Law Their Effects distin guished
29
Assignment over generally discharges Future Liability
30
Liability of on certain Covenants
31
Mortgagee generally considered an Assignee
32
Liability of Assignee of Insolvent Debtor
33
Insolvency as affecting Right to collect Subsequent Rents
35
Trustees for Creditors how far liable for Rent
37
Executors and Administrators Actions by and against for
38
Bound only by Covenants Running with the Land
39
May avoid Liability by Assigning How Chargeable
40
Heir how far Chargeable on his Ancest0rs Covenants
41
CHAPTER XI
43
By Notice to quit 466 Tenancy at Will Different Ways of Determining
44
Tenancy from Year to Year only determined by Notice
46
Particulars of
47
Tenant under Void Lease or Agreement entitled to
48
When not necessary Examples
49
To entitle to must be Privity Acts of Tenant to render Unnecessary
51
Acts of Landlord to render Unnecessary
52
When to be given Length of
54
Formof
56
Day named to correspond to Conclusion of Term
57
Waiver by Tenant of Irregularity in
58
Must be in Name of Landlord By Tenants in Common and Joint Tenants Agents Partners
59
Unauthorized not cured by subsequent Adoption By Re ceivers Corporate Oflicers
60
To whom to be given
61
By Landlord to be in Writing
62
Form of Words of Description of Premises
63
Suflicient Service of
65
Waiver of what Acts constitute
66
Subsequent Notice generally a Waiver
67
Determines Tenants Estate absolutely
69
By Forfeiture 488 Incurred anciently at Common Law when
70
Reentry for Waste
73
Of Whole Estate notwithstanding Severance of Occupation
74
Who may reenter Right Optional Teuants Estate sub sists till Reentry
75
For Nonpayment of Rent Demand a Prerequisite to at CommonLaw
76
Demand how far necessary in different States
78
Teuants Equitable Relief against Reentry
80
Equitable Relief to Tenant when refused
81
Waiver of Forfeiture by Acceptance of Rent
83
aiver by other Acts of the Landlord
85
Acceptance of Kent accrued before Forfeiture
86
Continuing Cause of Forfeiture not waived by Acceptance of Rent Examples
87
Waiver of continuous Condition
88
By Merger 502 Defined
89
How produced
90
What Estates will merge When Merger not permitted
91
Estates merging must be held in same right Exceptions
92
Remote Estate must be as large as or larger than the Preced ingEstate
93
Towhomtobemade
95
To be by Written Instrument
96
Words to Create By Construction
98
Destruction or Cancellation of Deed not a Surrender
99
Operation of New Lease to Create
101
ByParolActs
103
By change of Possession Implied from Acts of Parties
104
Underletting Substitution Effect of Each
106
To discharge Tenant Agreement to Substitute must be mu tual
107
Effect of on Rights of Parties
108
Contingent Modes of Dissolving a Tenancy a PREMISES TAKEN FOR PUBLIc Uss 519 Legal Taking avoids outstanding Lease
109
In Absence of Covenant extinguishes the Lease
111
When immoral User of the Premises avoids the Lease
113
d TENA1rs DIScLAIMER 522 What When it avoids the Lease
115
CHAPTER XII
118
The Liability of a Tenant holding over 524 Duty of to surrender Liability for Rent continues
119
Bound by Terms of the original Demise
121
When a Trespasser By Statute
123
Demand of Possession a Prerequisite to Suit
124
Notice to Tenant in Possession required When to be given
125
Statute Penalty in certain Cases Double Rent
126
Action for Special Damages
127
Forcible Entry by Landlord under Plea of Title
128
Landlord may enter subject to Indictment for Excessive Force Contrary Authority
129
Tenants Right to remove his Effects
132
Tenants Right to Emblements 534 Right defined To what things it extends
134
In what cases Right attaches
135
Does not attach to a Defined Tenancy for Years
137
In Tenancies at Will Of Mortgagees
138
Custom in favor of Tenants for Years
139
Custom not to control Written Instrument
140
Custom a part of the Contract when not repugnant
141
Manure when to be returned to the Soil
143
Mutual Privileges founded on Usage
145
Right lost by Teuants Acts General Right to remove
146
544 Fixtures what As between Grantor and Grantee Be tween Landlord and Tenant
147
Trade Fixtures what
150
Things required for Purposes of Trade are
152
Domestic Fixtures what
153
Erections for Agricultural Purposes Differing Rules as to
155
How far Personal Property Removal of
157
Must be capable of Removal without Injury to the Freehold
158
Time within which Tenant may remove
159
Renewal or Surrender as determining Right to remove
162
Title to vests in Landlord on Tenants quitting Possession
164
CHAPTER XIII
167
556 History of the Remedy
168
Nature of the Remedy
169
IuwhatStatesitexists
170
How Limited in Certain States
172
Lies for all Rents reserved on Lands or Tenements
173
Actual Demise at fixed Rent a Prerequisite to
174
Certain Rent Tenant not in Full Possession
175
Actual Demise essential to Agreement to Lease insuflicient
176
Holding over Effect of on the Right Other Circumstances
177
Effect of Judgment for Rent Note Bond Agreement for Reentry Surrender etc
178
Previous Demand not necessary Tender effect of
180
In whose Name to be Levied
181
Assignee of Reversion may distrain
182
By Husband and Wife Guardians Executors Receivers
183
By Mortgagees
184
As respecting Rentday when may be made
186
Generally to be made on the Premises yielding the Rent
187
Of Goods removed Rules in certain States
188
Goods of Strangers generally not Liable after Removal
190
Suflicient Acts of Distraint Entry to Distrain
191
By whom to be Levied
192
a Landlords Aflidavit Particulars of
193
Warrant of Distress Particulars of
194
Arrears of Rent Included but not Damages
195
All Movables on Premises subject to at Common Law Rule Changed in Certain States
196
Distraint of Property of Strangers Observations
197
Statutory Exemptions from Distress
198
Exemptions from Distress at Common Law
199
Of Things in the Hands of Artificer or Merchant
200
Of Things brought on the Premises in ordinary Course of Business 20l 589 Of Things delivered to a Common Carrier Auctioneer Manu facturer
201
Exemption by Landlords Consent Goods consigned for Sale
202
Animals Ferae Naturae
203
Form of Declaring in
242
Defendants Possession requisite Constructive Possession
243
Against Tenant holding over
245
Against Assignees Executors or Administrators Partners
246
After Destruction of Premises by Fire
247
Against Tenant abandoning
248
Eviction Effect of on the Remedy
249
Rent ascertainable from Void Lease
250
Against Assignees of Bankrupt
251
Facts to constitute Defence
252
Defendant not to impeach Lessors but may set up his own Title or Eviction
253
Evidence to support the Action
254
Generally when Equity will decree Payment of Rent
255
Specific Cases in which Payment may be decreed
256
Cases of Mutual Accounts Discovery
257
Against Undertenants Relief when refused
258
Accounts for Rents and Profits
259
Lies on Agreements under Seal
260
Lies after Lessors Assignment Alternative with Debt when
261
Lies only in Favor of Owner of Legal Interest Joinder of Plaintiffs
262
By Tenants in Common of the Reversion how brought
263
Requisites to maintain When Assumpsit lies
264
Against Joint and Joint and Several Covenantors
265
Executors and Administrators how bound When person ally liable
266
Venue Form of Declaring
267
Covenants secured by Bond
268
Judgment and Execution in Action on Bond
269
Breach of Covenant how assigned
270
Negative Covenant Breach of how assigned
271
Defendants Plea of Performance
272
For Rent Tenants Plea of Eviction
273
Partial Eviction when a Defence
274
Payment after Rentday not a Defence Exception Dis charge of Covenant
275
Damages not to be Set off May be Recouped Statute of Limitations Bankruptcy
276
Dependent Covenants Performance of by the Plaintifi essential
277
When Equity will relieve Covenants
278
When and by whom maintainable
279
Actiqi on the Case for Waste
280
Assumpsit Case concurrent with Covenant
281
Common Law Action for Personal Executors and Admin istrators how Chargeable for
282
Injunctions to prevent Waste
283
Remedies in Special Cases
286
Granted only for Substantial Injury to the Freehold
288
Generally not granted to a doubtful Title
289
Injunction against Lifetenant without Impeachment of waste
290
OF POSSESSORY REMEDIES SscrroN I The Action of L jectment race 698 Nature of the Action Founded on Claimants Right of Pos session
291
Whenitlies
292
Landlords right to reenter Demand
293
In New York Landlord entitled to Judgment when
294
Demand and Notice to Quit When necessary
295
By a Mortgagee Form of
296
Complaint in Premises how to be described
298
Proof of Title not Required
299
Tenants Estoppel to deny Title
302
When Estoppel does not arise
304
Matters of Defence not barred by Estoppel
306
Tender or Payment of Rent Effect of
309
Mesne Profits Mesne Lessee generally not liable for De fences to Action for
310
Mesne Profits Executors and Administrators as such not lia ble for Matters of Proof in Action for
311
Summary Proceedings to Recover Possession 713 To what Cases applicable Determine Right of Possession merely
312
New York Lessor when entitled to Possession
314
Vacant Possession what amounts to
315
716 Statutory Proceeding on Vacant Possession
316
Forcible Entry and Detainer distinguished from Summary Process
317
Notice in Writing a Prerequisite to Statutory Proceeding
320
Jurisdiction Statutory Liability of Judges
322
When Proceedings lie
323
a Plaintiff must be entitled to Immediate Possession
326
Statutory Proof Required
327
a Particulars of Affidavit
328
b Summons to be Issued
330
Service of Summons
331
a Service on UnderTenant
332
Trial Matters of Proof Witnesses L
335
Warrant to remove Tenant Effect of
338
Payment or Tender by Tenant Effect of
339
Certimari Etfect of and Proceedings upon
340
4 Appeal from Magistrate
343
215
347
CHAPTER XV
348
Unreasonable or Excessive Distress what
349
Liability of Landlord how fixed
350
Remedy in Trespass for Distress when no Rent due
351
Landlords Rights in Special Cases
352
Form of Action in certain Cases
353
Irregularities which do not render the Distress unlawful
354
The Action of Replevin 739 When it lies Statutory Provisions regarding
355
Execution of Writ Bond Pledges
356
218
357
Practice in Actions on the Bond
358
Death of Plaintiff Effect of on the Action
359
Liability of Plaintiffs Sureties
360
Duties of the Oflicer
361
What Property subject to Replevin
362
220
363
Cases in which the Action lies
364
Venue of the Action
365
Form of Declaring
366
Effect of Certain Pleas Of the General Issue
367
Cognizance and Avowry
368
Avowry in New York
369
Plea of Tenant in Avowry
370
Place Abuse of Distress How Pleisdeid
372
Verdict in Avowry its Effect
373
Practice in Avowry
375
Execution in Avowry Service of
377
764 By Tenant for what Injuries it lies
378
Acts constituting Trespass
380
Incorporea1 Rights not the Subjects of
381
Right to Immediate and Exclusive Possession essential to maintain
382
Action lies for Severance of Fixtures when
383
For Felling and Carrying away Trees when
384
For Injury to Realty Persons in Actual Possession may main tain Examples
385
To maintain Constructive Possession suflicient in the United States
386
Against Intruders on Land Against Landlord
387
Abuse by Landlord of lawful Authority Wrongful Distress
389
Trespass concurrent remedy with Trover when
390
For a continuing Nuisance
391
Case lies for Cousequential Injuries
392
Principle to determine Form of Action to be brought
393
Case for Damages when it lies
394
221
395
History of the Action
396
222
403
APPENDIX
413
INDEX
521
620
532
Against an Infant
541

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