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Select Cases and Other Authorities on the Law of Property, Volume 2
John Chipman Gray
No preview available - 2015
Select Cases and Other Authorities on the Law of Property, Volume 1
John Chipman Gray
No preview available - 2012
afterwards agreement annexed appears assigned attornment authority bailee bailment bailor belonging building chattel cited claim common law contract conversion conveyance court covenant custom damages decision deed defendant defendant's delivered delivery detinue doctrine emblements entitled erected evidence execution executor facts fee simple fee tail feoffee feoffment fixtures freehold gift grant ground hath heirs held hold horse inheritance innkeeper intention interest issue judge judgment jury Justice knight-service land landlord lease lessee lessor lien Lord manor manure mill mortgage mortgagor opinion owner paid parties pass payment personal property plaintiff plaintiff in error Pleas pledge possession premises principle purchaser purpose question real estate realty reason recover remain remove rent replevin Reported rule seised seisin socage soil sold Statute stay waste taken tenements tenure term thereof thing timber tion trade tree trespass trial trover trust verdict waste wheat William Vance writ wrong
Page 376 - June (1677) all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 549 - The common law of England is not to be taken, in all respects, to be that of America. Our ancestors brought with them its general principles, and claimed it as their birthright; but they brought with them and adopted only that portion which was applicable to their condition.
Page 336 - ... the will of the giver according to the form in the deed of gift manifestly expressed shall be from henceforth observed, so that they to whom the land was given under such condition shall have no power to aliene the land so given, but that it shall remain unto the issue of them to whom it was given after their death, or shall revert unto the giver or his heirs if issue fail, either by reason that there is no issue at all, or if any issue be, it fail by death, the heir of such issue failing.
Page 49 - But our law, to guard against fraud, gives the entire property, without any account, to him whose original dominion is invaded, and endeavored to be rendered uncertain without his own consent.
Page 371 - That where any person or persons stand or be seised, or at any time hereafter shall happen to be seised, of and in any honors, castles, manors, lands, tenements, rents, services, reversions, remainders or other hereditaments, to the use, confidence or trust of any other person or persons...
Page 442 - ... that they were so intended lying on those who assert that they have ceased to be chattels; and that, on the contrary, an article which is affixed to the land, even slightly, is to be considered...
Page 443 - The only question therefore is, whether the machines when fixed were parcel of the freehold; and this is a question of fact, depending on the circumstances of each case, and principally on two considerations; first, the mode of annexation to the soil or fabric of the house, and the extent to which it is united to them, whether it can easily be removed integre, salve, et commode, or not, without injury to itself or the fabric of the building...
Page 548 - The general rule of the common law certainly is that whatever is once annexed to the freehold becomes part of it, and cannot afterward be removed, except by him who is entitled to the inheritance.