Law of Real Property Including: Also, General Rules of Law Relative to the Purchase and Sale of Land, Or Law of Vendor and Purchaser, to which is Added a Volume Embracing the Rights, Duties, and Remedies of Landowners ...

Front Cover
Bancroft-Whitney Company, 1901 - Real property
 

Contents

Money treated as realty
47
Shares in stocks
48
Manure seaweed
49
CHAPTER II
54
CHAPTER XXVII
56
DESCENT
63
Fee simple
64
Words necessary to create a fee 17 Incidents to estate in fee 18 Abeyance of the
65
Who may be freeholders
67
Nature of seisin
70
Disseisin
73
American tenures
75
CHAPTER III
79
CHAPTER IV
94
Definition and nature
97
Deeds of infants
110
CHAPTER V
113
Tenants by entirety
121
Birth of issue 48 Death of wife
128
Date
130
CHAPTER VI
135
Widows right of election
163
65c Estoppel
169
Partition
171
367a SameContinued
175
Mistake
180
Execution by attorney
184
CHAPTER VII
190
CHAPTER VIII
200
CHAPTER IX
214
Delivery
217
Forfeiture
226
CHAPTER X
228
Power of sale in mortgage
243
Surrender
245
100a SameContinued
247
100b Merger
249
Assignment
251
Escheat
255
Covenants
258
Tax deed
261
Definition of title
262
What descends to heir
263
103b SameAs to renewal of lease
264
Consanguinity or kindred
265
What law controls
266
Illegitimate children
267
267a Adopted children 268 Posthumous children
268
Rights of aliens
269
103d SameBreaches of covenants and liability
270
Seisin of ancestor
271
English rules of descent
272
Principles of descent in United States
273
273a SameMiscellaneous 274 Advancement
274
274a SameEvidence etc 275 Lands charged with debt of ancestor
275
Validity
276
Essentials of a good deed
277
On what material written
278
Filling blanks
279
Effect of alterations
280
Who may convey
281
CHAPTER XI
282
3282a Deed from husband to wife 283 Conveyances by married women
283
295b Acceptance by grantee
291
Attestation
297
CHAPTER XII
300
302a Waters as boundaries
303
What the term messuage includes
307
Covenants against encumbrances
313
CHAPTER XIII
315
Acknowledgment of deed
319
319a SameContinued
325
What law controls execution
327
License
329
Attestation
333
127a SameIllustrations
336
Implied revocation
339
Fishery
347
Nature of a joint tenancy
349
Joint tenancy how created
350
Properties of joint tenancy
351
Survivorship
352
CHAPTER XV
353
Trustees as joint tenants
354
By prescription
363
Custom
364
Joint mortgages
365
Dedication
366
Who may have partition
368
139a SameContinued
369
Effect of dividing estate
371
Nature of contract
372
Easements in water
373
Parties to contract
374
Consideration
375
Auction sales
376
Statute of frauds
377
Form of memorandum under statute
378
Light and
379
Part performance
380
Ways as easements
381
Separate
382
Title
383
143a SameContinued
384
Tender of deed
385
143b Rights of parties
386
Lateral support of soil
387
Incapacity of party
390
Inadequacy and excess of consideration
391
Partywalls
392
145a SameContinued
394
Enforcement of vendors lien
395
Mines and mining rights
396
396a Breach of contractVendors remedies 397 Action for purchase money
397
Defense to action for purchase money
398
How lost or determined
399
Action for use and occupation
400
Damages for failure to convey
401
Damages for failure to accept conveyance
402
Remedies for obstruction
403
Costs
404
CHAPTER XVI
405
Notice of equities
407
Canceling deeds
408
CHAPTER XVII
454
Description of devisee
466
Rule in Shelleys Case
472
180a SameContinued
474
180b Rule inapplicable when 181 Nature of contingent uses
476
Springing uses
477
Shifting uses
478
CHAPTER XVIII
480
CHAPTER XIX
486
Classification
488
How created
489
Under statute of New York
490
Who may execute
491
How executed
492
Delegation of 196 How extinguished
494
EXECUTORY DEVISES 197 Definition and nature 198 How classified 199 Executory devise or remainder 200 When too remote 200a SamePer...
497
CHAPTER XXI
507
CHAPTER XXII
526
Equitable mortgages
547
Conditional sale or mortgage
548
225a Deed absolute in form
550
225b Deed of trust
552
Parol evidence to explain or vary
553
Nature of mortgagors interest
555
227a SameContinued
557
Who may redeem
559
Payment of mortgage debt
560
229a SameContinued
561
When right to redeem is barred
562
Nature of mortgagees interest
565
Assignment of mortgage
567
232a SameContinued
570
Tacking
571
Registration
573
234a SameContinucd 235 Merger
577
Subrogation
580
237 Insurance
583
ance 239 Construction and validity
586
Illegality of consideration
588
240a SameContinued
591
Nature of foreclosure
592
241a SameContinued
595
Effect of foreclosure
597
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Page 425 - 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 5 - They belong to the owner of the land, and are part of it, so long as they are on or in it, and are subject to his control; but when they escape and go into other land, or come under another's control, the title of the former owner is gone.
Page 454 - An illustration of the operation of a power is where an estate is conveyed to A and his heirs, to the use of B for life...
Page 341 - 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.
Page 458 - 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.
Page 76 - Before we conclude the doctrine of remainders and reversions, it may be proper to observe, that whenever a greater estate and a less coincide and meet in one and the same person, without any intermediate estate, the less is immediately annihilated ; or, in the law phrase, is said to be merged, that is, sunk or drowned in the greater.
Page 495 - A mortgage is the conveyance of an estate or pledge of property, as security for the payment of money or the performance of some other act...
Page 341 - I mean quasi easements), or, in other words, all those easements which are necessary to the reasonable enjoyment of the property granted, and which have been and are at the time of the grant used by the owners of the entirety for the benefit of the part granted.
Page 439 - It is a rule in law, when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail; that always in such cases, 'the heirs' are words of limitation of the estate, and not words of purchase.
Page 87 - Tenant by the curtesy of England, is where a man marries a woman seised of an estate of inheritance, that is, of lands and tenements in fee-simple or fee-tail ; and has by her issue, born alive, which was capable of inheriting her estate. In this case, he shall, on the death of his wife, hold the lands for his life...

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