A Treatise on the Law of Real Property

Front Cover
Little, Brown,, 1905 - Real property - 531 pages
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Contents

The corporeal hereditament cannot at common law be created
24
The secondary meaning of the fee simple explained
32
Limitation of particular estate with remainder over and condition
33
CHAPTER V
45
Subject of estovers considered
48
Whether the language import a vested gift or a contingent gift
49
The various tests by which to distinguish the vested from the con
53
Dower defined and illustrated
54
The subject of surface water considered
59
There is curtesy in wild lands
66
As to the power to revoke a trust
76
Liability of lessor to make repairs considered
79
CHAPTER IX
86
The estate tail origin and development of it considered
99
A term of years is but a contract a chattel interest
106
The subject of limitations to the heirs of the body considered
114
The matter of the computation of degrees of collateral relationship
123
The method of the constitution of uses explained
126
Rents annuities and copyholds under the law of uses
137
The failure of heirs clause contrasted with the failure of issue clause
141
The objections to that view stated
148
CHAPTER XIII
153
There are three distinct ideas contingent executory and vested
158
The subject of remainders opening to let in the afterborn discussed
174
This is largely worked out in proceedings for partition
180
The purpose and effect of the statute of Quia Emptores and of
187
The fourfold unities considered
188
The matter of intervening limitations considered
191
The function of the rule in Shelleys Case is to give the remainder
192
The subject of limitation to a wife for life remainder to the heirs
199
Frequently the indefinite failure of issue clause creates an estate tail
205
Discussion of the failure of issue clause when there are alternative
207
The principle of law as to the creation of an estate tail in a will
208
When tenant in common has a right to the possession of land
215
The effect of limitations to survivors considered
222
The provision in a will that if A dies then over and the provision
226
Case in which the intermediate interest is given the legatee
269
Distinction between assignment of lease and sublease
277
THE RULE AGAINST PERPETUITIES
280
The subject of the closing of the class when the class is left open
295
Recent cases of trusts for sale stated and discussed
307
In order to convey by fine recovery or grant the interest must
312
Expressions of the courts that rights of entry for condition broken
319
RESERVATIONS AND EXCEPTIONS
339
Before the Statute of Uses there was a resulting nse in creation
345
In the case of a trust if the trustees are to retain the legal estate
347
Professor Washburns statement concerning resulting uses considered
348
The law of uses and the law of executory devises contain a com
356
A good trust created by a contract to purchase land
374
A power is not invalid because an invalid appointment might
380
The rule in Shelleys Case as appearing in the law of powers
382
As to entering by assignee of lessee
388
The matter of the qualified covenant of warranty considered
389
The principle of vouching in explained
395
A covenant of warranty may warrant against an existing mortgage
401
The use of the word trustee in the assignment of a mortgage
408
LICENSES PROFITS A PRENDRE AND EASEMENTS
410
A tenant in common may enter and take the crops unless they have
412
It is the better view that an easement or a profit i prendre if created
416
Distinction between easements and covenants of title
421
As to tacking successive users
427
A licensee does not acquire title by adverse possession though
432
A strict necessity and reasonable necessity denned
438
The subject ot adverse possession under the Statute of Limitations
447
The subject of great ponds in Massachusetts considered
457
The Statute of 4 Anne ch 16
463
The contingent remainder taken up and discusssed
472
No length of adverse possession against husband can defeat dower
474
The discussion of the proposition that there cannot be a possibility
502
As to whether the corporeal hereditament can be acquired
504
A gift good as a contingent remainder may be void if not a legal
520
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