An Abridgment of the American Law of Real Property, Band 1

Cover
C. C. Little and J. Brown, 1838
 

Inhalt

Requisites
60
Death of the husband
68
Sect
74
Seisin in law and deed
75
CHAPTER XL
87
Seisin
98
CHAPTER XII
99
Implied warranty
103
Birth of issue
105
Value
106
Must be a legal interest
107
Equitable jointure
109
Favored in Equity
111
Interest
112
Tenant not seised
118
Abeyance
120
Surrender
124
Executor and heir
137
CHAPTER XVI
147
Must be certain
148
Kinds of rent
149
Rentseck
150
On what conveyance reserved
151
To whom reserved
152
When payable
154
To whom it passes upon the lessors death
155
523 Remedies for recovery of rentdistress
156
Debt and covenant
158
Restoration of land after forfeiture attachment forbefore due
159
Not lost by nonuser
162
the premises
163
Eviction by mortgagee
164
Purchase of the land by landlordeffect upon a rentservice
166
Lease by tenant for life
167
Rentchargewhen extinguished and when not
168
CHAPTER XVIII
169
Sect Page 3 Definition
170
American law
171
Loss by fire
172
Conversion of the land
173
Act of God
174
Ecclesiastical persons
175
Who may sue and be sued for
176
Waste by third persons
177
Action on the case for
178
Property in timber cut c who has contingent remainders c
179
Cutting of timber by order of Court
180
Lease without impeachment of waste c
181
Special provisions as to waste in the United States
182
CHAPTER XIX
183
Annual rent
184
Suit whether by lessor or lessee
185
Summary process against tenants in the United States
186
Quasi estate at will
188
CHAPTER XX
190
CHAPTER XXI
194
Exceptions to the rule
196
There must be a use in esse
197
Implied and resulting uses
198
CHAPTER XXII
201
Annuities
205
Covenants
207
Aliens
209
46
216
Consideration to be determined afterwards
217
Trusts to be afterwards appointed
218
CHAPTER XXIV
222
Alienation of
223
Dower
224
VOL I
225
Merger
227
Conveyance of the legal estate when presumed
229
CHAPTER XXV
230
Executory agreementbinding in favor of cestui
231
Authorized sale by trusteeliability of purchaser to the cestui
232
Joint trusteesconveyances and receipts by
235
Liability of trustee to cestui Release of debts
236
Trustee shall not purchase the trust estate
237
Exceptions
240
Disclaimer and release by trustee
241
Descent of trust to heirs
242
How affected by escheat c
243
Trusts in New York
244
CHAPTER XXVII
247
Must determine the whole estate
249
Illegal conditions
250
Repugnant obligations
251
Confession of judgment whether a transfer
252
In restraint of marriage
253
CHAPTER XXVIII
256
In fee or for years
267
What constitutes a mortgage in Chancery
269
sale distinction between
270
Power to sell given to mortgagee
274
CHAPTER XXX
276
CHAPTER XXXI
283
Curtesy
284
Whether assets
285
Who may redeem
286
The Crown
287
Unknown in the U S
288
Time of redemption
290
No redemption in case of fraud
291
CHAPTER XXXII
295
S American doctrine
296
Assignment of mortgage is the transfer of an estate
297
Interest of mortgagee not liable to execution
298
Insurance
299
Fraud
301
in case of insolvency
304
Discharge of executionnot conclusive of discharge of mortgage
305
Assignment and discharge of mortgagewhen a transfer will be con strued as an assignment and when as a discharge
306
Satisfied mortgagewhether a stranger may set it up
310
Joint release to mortgagee and mortgagor
311
Personal estate may be expressly exempted
312
Rule in New York
313
Application of payments in Equity
320
CHAPTER XXXV
321
Purchaser becomes seised
324
CHAPTER XXXVI
327
Infancy
328
CHAPTER XXXVII
331
Possession under a judgment no payment
333
Title of mortgagee under a third person no payment
334
Suit by execution purchaser
335
Commitment of mortgagor
336
624 Massachusetts 337340
337
Rhode Island
338
Connecticut
339
New Hampshire
340
Foreclosurewhether payment of debt c
341
Right of redemption may be revived
343
Equity will not relieve where there is a legal right
344
CHAPTER XXXIX
345
CHAPTER XL
354
In Rhode Island
355
Illinois
356
Connecticut
357
Georgia
358
Decisions in Massachusetts and Pennsylvania
359
CHAPTER XLI
362
Vested or contingent
363
When contingent
364
Exception to third classlimitation for a long termremainder after the termination of a life
366
Exceptions to fourth classShelleys case designatio personæ c
367
CHAPTER XLII
368
Cross remainders
372
Prior limitation to trustees and their heirs till a certain event
373
After the conditional termination of an estate which never takes effect
374
CHAPTER XLIII
381
Exceptionenlargement of prior estate
383
Deviseconditional limitation
385
CHAPTER XLIV
386
remainder
387
Estate of trustees sufficient to support remainder
388
mainder
389
Entitled to past profits
390
CHAPTER XLVI
391
Sect Page
396
CHAPTER XLVIII
402
CHAPTER XLIX
408
Estoppel
412
CHAPTER LI
416
CHAPTER LIII
429
CHAPTER LIV
438
General rights and remedies of tenants in common c
451
CHAPTER LV
455
Statutes of the several States concerning
456
New York
457
Pennsylvania
458
New Jersey Alabama and Mississippi
459
Maryland
460
Illinois
461
Georgia
462
License
493
By devise c 112
498
Assignment of first mortgage 300
503
After the conditional termination of an estate which takes effect but terminates otherwise 375
507
States statutory provisions changing it into tenancy in common
513

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Seite 198 - Scott, his wife, for life ; remainder to the use of such person or persons, and for such estate and estates, as the said...
Seite 394 - Shelley's case, of a limitation to the use of A. for life, remainder to the use of his heirs, and of their heirs female...
Seite 296 - A mortgage is a charge upon the land; and whatever would give the money will carry the estate in the land along with it to every purpose. The estate in the land is the same thing as the money due upon it. It will be liable to debts; it will go to executors; it will pass by a •will not made and executed with the solemnities required by the statute of frauds.
Seite 124 - It is defined a yielding up of an estate for life or years to him that hath the immediate reversion or remainder, wherein the particular estate may merge or drown, by mutual agreement between them. It is done by these words: "Hath surrendered, granted, and yielded up.
Seite 179 - A. for life; remainder to the use of his first and other sons in tail male, with power to A.
Seite 245 - Express trusts may be created, for any or either of the following purposes: 1. To sell lands for the benefit of creditors: 2. To sell, mortgage or lease lands, for the benefit of legatees, or for the purpose of satisfying any charge thereon : 3.
Seite 228 - Weston,^) must govern itself by a moral certainty, for it is impossible in the nature of things there should be a mathematical certainty of a good title.
Seite 417 - No future interest can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent interest, nor by any destruction of such precedent interest by forfeiture, surrender, merger, or otherwise...
Seite 3 - For water is a movable, wandering thing, and must of necessity continue common by the law of nature; so that I can only have a temporary, transient, usufructuary, property therein...
Seite 206 - II, c. 3, sec. 7) requires all declarations or creations of trusts in real estate to be manifested and proved by some writing, signed by the party creating the trust...

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