The American Law of Real Property (Google eBook)

Front Cover
F. H. Thomas Law Book Company, 1906 - Real property - 1017 pages
0 Reviews
  

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Estovers
57
Emblements What they
70
Same Who may claim them
71
Definition and history of waste
73
What acts constitute waste General rule
74
Waste In respect to trees
75
Property in timber unlawfully cut 64 Continued In respect to minerals and other deposits
77
Continued Management and culture of land
78
Continued In respect to buildings
79
Exemption from liability
81
Remedies for waste
82
CHAPTER VII
85
Husbands rights in equity
87
How husbands rights may be barred 72 How prevented from attaching
88
SECTION II
92
Curtesy in fees determinable 79 Curtesy in equitable estates
95
Seisin in wife during coverture
97
Curtesy in reversion
98
Necessity of issue 83 Liability for husbands debts
99
How estate may be defeated
100
SECTION III
102
To what estates dower attaches 87 Dower in equitable estates
110
Dower in lands of trustee
111
Dower in mortgages 90 Dower in proceeds of sale
112
Seisin required in the husband during coverture
113
Continued Defeasible or determinable seisin
114
Duration of the seisin 94 Instantaneous seisin
115
Marriage must be legal
116
How dower may be lost or barred by act of the husband 97 Continued By wifes release during coverture
118
Continued By elopement and divorce
121
Continued By loss of husbands seisin
123
Continued By estoppel in pais
125
Continued By statute of limitations 102 Continued By exercise of eminent domain
126
Widows quarantine 104 Assignment Two modes
127
Continued Of common right
128
Dower against common right 107 By whom may dower be assigned
131
Remedies for recovery of dower
132
Demand necessary 110 Against whom and where the action is brought
133
Continued Abatement by death of widow 112 Judgment what it contains
134
Continued Damages when recoverable
135
Continued Assignment after judgment
136
Assignment Where two or more widows claim dower 116 Decree of sum of money in lieu of dower
138
SECTION IV
145
Who may claim homestead
147
What may be claimed
149
Proceedings for allotment
153
Exemption from debt
154
How homestead may be lost By alienation
155
Continued By abandonment
159
CHAPTER VIII
162
How surrender may be effected 157 Right of lessee to deny lessors title
163
Term defined
164
Interesse termini
165
Terms commencing in futuro 133 The rights of lessee for years 134 How created
168
Form of instrument
171
Acceptance of lease necessary
173
Relation of landlord and tenant 139 Assignment and subletting
174
Involuntary alienation
179
Disposition of terms after death of tenant 142 Covenants in a lease in general
180
Continued Express and implied covenants
181
Effect of disclaimer of lessors title
204
Options of purchase and for renewal
205
Letting land upon shares
206
Actions between landlords and tenants
209
SECTION II
212
How estates at will may be determined
213
Estates at will distinguished from tenancy from year to year
215
Tenancy at will What now included under that term 166 Tenancy at will Arising by implication of
218
Qualities of tenancies from year to year
220
What notice is required to determine tenancy from year to year
221
How notice may be waived
223
SECTION III
225
How the tenancy is determined
228
The effect of forcible entry
229
JOINT ESTATES
231
SECTION II
246
Definition of partition 193 Voluntary partition 194 Involuntary or compulsory partition
255
Who can maintain action for partition
258
Partial partition 197 Manner of allotment
262
Relief incidental to partition
264
Effect of partition
265
CHAPTER X
267
Words necessary to create an estate upon condition
268
Conditions precedent and subsequent distinguished
270
Invalid conditions Impossibility of performance
271
Invalid condition Because of Illegality 205 Building restrictions in deeds
275
The time of performance
277
The effect of breach of the condition 208 Waiver of performance
281
Equitable relief against forfeiture
282
Estates upon condition distinguished from trusts 211 Same From estates upon limitation and conditional limitations
284
CHAPTER XI
287
Continued Notice to subsequent purchasers 215 Continued Their recognition in this country
290
Continued Foreclosure
291
Vendors lien
294
Continued Discharge or waiver of the lien
297
Continued In whose favor raised
298
VendeeB lien 221 Enforcement of vendors and vendees liens 222 Mortgage at common
301
Tivum vadium 224 Welsh mortgage
302
Equity of redemption
303
The mortgage in equity 227 Influence of equity upon the
304
The form of a mortgage
306
Execution of the defeasance
308
Form of defeasance 231 Agrements to repurchase 232 The defeasance clause in equity
313
The admissibility of parol evidence
314
Contemporaneous agreements
316
Subsequent agreements
317
The mortgage debt
320
Mortgages for the support of the mortgagee
323
What may be mortgaged
324
SECTION II
327
The mortgagees interest
330
Devise of the mortgage
331
Merger of interests
332
Possession of mortgaged premises 244 Special agreements in respect to the possession 245 Rents and profits
338
Mortgagees liability for rents received
341
Tenure between mortgagor and mortgagee
343
Insurance of Hie mortgaged premises 249 Assignment of the mortgage
351
Commonlaw assignment
352
Assignment under the lien theory 252 Assignment of the mortgagors interest
358
Rights and liabilities of assignees 254 Effect of payment or tender of payment
363
Who may redeem
365
What acts extinguish the mortgage
367
The effect of a discharge
368
When payment will work an assignment
370
Registry of mortgages and herein of priority 200 Rule of priority from registry its force and effect
374
Registry of assignments of mortgages and equities of redemption
377
Tacking of mortgages
378
Priority in mortgages for future advances
379
Satisfaction of the mortgage on the records
381
SECTION III
383
Slaking rests 271 Balance due 272 ForeclosureNature and kinds
391
Continued Who should be made parties?
395
Parties to Foreclosures Continued 275 Effect of decree in foreclosure upon the land
401
The effects of foreclosure upon the debt 277 Mortgages with power of sale
408
Character of the mortgage in relation to the power 279 Purchase by mortgagee at his own sale
412
Extinguishment of the power
413
Application of purchasemoney 282 Deeds of trust
415
Contribution to redeem General statement
417
Mortgagor v his assignees
419
Contribution between assignees of the mortgagor Effect of release of one of them
420
CHAPTER
431
CHAPTER XIII
438
Nature and origin of contingent remainders
461
SECTION III
482
CHAPTER XIV
490
Distinction between Uses and Trusts
494
How uses may be created 329 Same Resulting
495
Same By simple declarations
497
Who might be feoffees to use and cestuis que
498
What might be conveyed to uses 333 Incidents of uses
499
Alienation of uses 335 Estates capable of being created in uses
500
Disposition of uses by will
501
How lost or defeated
502
SECTION II
504
A person seised to a use and in esse
506
Freehold necessary
507
Use upon a
508
Feoffee and cestui que use Same person
509
A use in esse
510
Cestui que use in esse 346 Words of creation and limitation
511
Active and passive uses and trusts
512
Uses to married women
513
Executed and executory trusts
527
Express trusts 364 Implied resulting and constructive trusts
528
Implied trusts
529
Resulting trusts
532
Same Payment of consideration
533
Constructive trusts
538
Interest of the cestui que trust
543
Liability for debts
544
Words of limitation
546
Doctrine of remainders applied to trusts 373 How created and assigned
548
Statute of Frauds
551
How affected by want of a trustee 376 Removal of trustees
553
Refusal of trustee to serve
555
Survivorship
556
Merger of interest 380 Rights and powers of trustees
557
Rights and powers of oestuis que trust 382 Alienation of trust estate
560
Liability of third persons for performance of the trust
562
CHAPTER XV
564
Classes of executory devises
566
Distinguished from devises in prwsenti 389 Reversion of estate undisposed
569
Distinguished from uses 391 Distinguished from remainders
571
Same Limitation after a
572
Same Limitation after an estatetail
573
Same Where first limitation lapses
574
Same Limitations after an executory devise
576
Limitation upon failure of issue
577
Same In deeds
580
Doctrine of perpetuity
581
Rule against accumulation of profits
585
Executory devises of chattel interests
586
CHAPTER XVI
588
Kinds of powers
591
Suspension and destruction of powers
593
How powers may be created
595
Powers distinguished from estates
596
Power enlarging the interest with which it is coupled 409 Who can be donees
599
By whom the power may be executed
600
Mode of execution
602
Who may be appointees
603
Execution by implication
604
Excessive execution
605
Successive execution
606
Revocation of appointment
607
Defective executions How and when cured 418 Nonexecutions 419 Rules of perpetuity 420 Rights of donees creditors in the power
610
CHAPTER XVII
612
RIGHTS OP COMMON Section 424
613
SECTION II
616
How acquired
618
Easements by express grant 431 Implied grant
620
Equitable easements
621
Easements implied from covenant 434 Rights of action in defense of easement 435 How easements may be lost or extinguished
625
Kinds of easements
627
Right of way 438 A private
628
Ways of necessity
629
Who must repair the way 441 Public or highways
630
Light and
632
How acquired
633
Right of water
634
Percolations and swamps
636
Artificial water courses
638
Easements in water courses and surface drainage
639
Right of lateral and subjacent support 449 Implied grant of lateral support 450 Party walls
643
Double ownership in buildings Subjacent support
645
Legalized nuisances
646
FRANCHISES Section 453 Definition 454 Kinds of franchises 455 Mutual obligations 456 Conflicting franchises Constitutional prohibition SECTIO...
647
Rents defined
651
CHAPTER XVIII
659
CHAPTER XIX
665
TITLE BY ORIGINAL ACQUISITION
683
SECTION III
690
What the statute enacts
713
SECTION V
722
SECTION VI
735
TITLE BY INVOLUNTARY ALIENATION
739
Title by involuntary alienation what
747
SECTION III
761
CHAPTER XXIII
783
A sufficient writing what constitutes
784
A sufficient writing what constitutes Continued
785
Alterations and interlineations
787
Proper parties The grantor
788
Infants and insane persons
789
Ratification and disaffirmance
791
Deeds of married women
793
A disseisee cannot convey
797
Fraud and duress
798
Proper parties Grantees
799
Proper parties named in the deed
801
A thing to be granted
803
A thing to be granted Continued
806
The consideration
807
Voluntary and fraudulent conveyances
810
Operative words of conveyance
812
Execution what constitutes
813
Power of attorney
814
Power of attorney granted by married woman
816
Signing
818
Sealing
820
Attestation
822
Acknowledgment or probate
824
Reading of the deed when necessary
826
Delivery and acceptance
827
What constitutes a sufficient delivery
831
Delivery to stranger When grantees assent presumed 579 Escrows
838
Registration of deeds 581 Requisites of a proper record
840
To whom is record constructive notice
842
Priority oi unrecorded mortgages over judgments 584 Of what is record constructive notice 585 From what time priority takes effect 586 What const...
848
Deedspoll and of indenture
853
Component parts of a deed
855
The premises 590 Description General statement
856
Contemporanea Expositio est optima et fortissimo in lege 592 Falsa demonstratio non nocet
860
Description in conveyance of jointestates 594 The elements of description
863
Monuments Natural and artificial
864
Artificial monuments in United States Surveys 597 Nonnavigable streams
870
Navigable streams
871
What is a navigable stream
872
Ponds and lakes
875
Highways
876
Walls fences trees etc 603 Courses and distances
878
Quantity
879
Reference to other deeds maps etc for description 606 Appurtenants
881
Exception and reservation
884
Habendum
887
Reddendum 611 Conditions
889
SECTION III
890
What facts constitute a breach
894
Covenant against incumbrances
896
C17 What circumstances constitute a breach of cownant against incumbrances
897
Covenant for quiet enjoyment
898
Covenant of warranty
899
The character of the covenant of warranty
901
The feudal warranty
902
Implied covenants
906
Who may maintain actions on covenants of warranty 625 Damages what may be recovered
909
What covenants run with the land
912
When breach of covenant works a forfeiture of estate
914
CHAPTER XXIV
915
A sufficient writing
918
What signing is necessary
921
Proper attestation what
922
Who are competent witnesses
926
Who may prepare the will Holographs
928
What property may be devised
929
A competent testator who
930
Who may be devisees What assent necessary
933
Devisees of charitable uses 642 Lapsed devises What becomes of them
943
Revocation of wills
946
Joint or mutual wills
947
Revocation by destruction of will
948
Effect of alterations of will after execution 647 Revocation by marriage and issue
949
Revocation by alteration or exchange of property
951
Revocation by subsequent will or codicil 650 Defective will confirmed by codicil
953
Contingent wills 652 Probate of will
954
Agreements as to testamentary disposition of property
955
CHAPTER XXV
956
Proceedings before examiner
963
Jurisdiction and power of the court
964
Effect of registration
965
Conveyances under the Torrens
966
Judgments liens and assessments against land 665 Relief against arbitrary power of registrar
969
Indemnity and procedure to recover
970
Advantages and objections to title registration exxxii
971

Common terms and phrases

Popular passages

Page 508 - Its most important provision (cl. 1) laid down that where any person or persons stand, or be seised, or at any time hereafter shall happen to be seised, of and in any honours, castles, manors, lands, tenements, rents, services, reversions, remainders or other hereditaments, to the use, confidence or trust of any other person or persons...
Page 767 - Now this was the manner in former time in Israel, concerning redeeming and concerning changing, for to confirm all things ; a man plucked off his shoe, and gave it to his neighbour : and this was a testimony in Israel.
Page 454 - 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.
Page 456 - Hart for the term of his natural life ; and, after his decease, to the use of...
Page 45 - ... We may lay it down as an incontrovertible rule that, where an estate is given to a person generally or indefinitely with a power of disposition, it carries a fee, and the only exception to the rule is where the testator gives to the first taker an estate for life only by certain and express words, and annexes to it a power of disposal. In that particular and special case the devisee for life will not take an estate in fee, notwithstanding the distinct and naked gift of a power of disposition...
Page 316 - The admissibility of parol evidence, — To prove that a deed, absolute on its face, was intended to be a mortgage.
Page 807 - And by the same statute it is further enacted, "that all leases, estates, interests, of freehold or terms of years, or any uncertain interest of, in, to, or out of any messuages, manors, lands, tenements or hereditaments...
Page 434 - Where one grants a base or determinable fee, since what is left in him is only a right to defeat the estate so granted upon the happening of a contingency, there is no reversion in him; that is, he has no future vested estate in fee, but only what is called a naked possibility of reverter, which is incapable of alienation or devise, although it descends to his heirs.
Page 508 - ... be from henceforth clearly deemed and adjudged to be in him or them that have, or hereafter shall have, such use, confidence or trust, after such quality, manner, form and condition as they had before, in or to the use, confidence or trust that was in them.
Page 870 - The boundary lines actually run and marked in the surveys returned by the surveyor-general, shall be established as the proper boundary lines of the sections or subdivisions for which they were intended, and the length of such lines as returned shall be held and considered as the true length thereof.

Bibliographic information