Institutes of Common and Statute Law - John Barbee Minor - Google 도서

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3h The Effect of the Lien of the Judgment,

4h The Subrogation of Sureties to the Judgment-lien,

5h. Mode of Enforcing a Judgment-lien,

78. Other Judicial Liens besides those of Judgments;

2h. The Lien of a Lisendens,

3h The Lien of an Attachment,

4h The Prior Lien of the Commonwealth,

5h. The Priority of United States Liens,

2f. Estates by Statute-Merchant, .

3. Estates by Statute-Staple,

2o. Estates on Condition which are Securities for Money by

the Assent and Conveyance of the Debtor; W. C.

1f. Estates in Vivo Vadio,

21 Estates in Mortuo Vadio, or Mortgage; W. C.

18. The Nature of a Mortgage; W. C.

1h The Estate Conveyed in Mortgage,.

2h. The Condition of the Conveyance in Mortgages,

3h Effect, in view of a court of law, of Non-payment of

4h. The Equity of Redemption,

5h. Deeds of Trust to Secure Debts, &c.; W. C.

11. The Reason for Allowing a Summary Sale by the

Trustee, of the Trust Subject,

2. The Trustee's Duty and Compensation,

3. The Intervention of a Court of Equity at the instance

of the Trustee, or of the cestui que trust; W. C.

1k. When the Title to the Trust-Subject is Clouded,

2k. When the Sum to be raised is reasonably Doubtful, 288

3k When no Trustee authorized to Act is in Existence, 288

4k Where the Debtor Dies before the Trust is Exe-

5k When the Deed of Trust is alleged to be affected

6h The Power of Sale Reserved in a Mortgage to the

Creditor himself,

7h. Equitable Mortgages; W. C.

1. Mortgages of Equitable Interest,

3. Vendor's Lien,

2. Mortgages Implied by Deposit of Title-Deeds,

28. The Character of the Estates of Mortgagor and Mort-
gagee respectively: W. C.

1h The Character of the Estates of Mortgagor and Mort-

gagee respectively, before Default of Payment,

2h. The Character of the Estate of Mortgagor and Mort-

gagee respectively, after Default of Payment;

11. The Character of Mortgagor's Estate after Default;

1 The Terms upon which the Mortgagor is allowed to

11. Payment of Mortgage-money, with Interest,

21. The Tacking of Subsequent Debts to Mortgages, 304

31. The Right to Recover, by Action, any Surplus not

Satisfied by the Mortgaged subject,

4. The Order of Payment of Mortgages,

2k The Effect of Lapse of Time upon Mortgagor's

Right to Redeem,

21. The Character of Mortgagee's Estate or Interest,

After Default; W. C.

1. The Mortgagee's Estate in the Land,

2. The Interest of Mortgagee's Assignee,

3k Mortgagee's Remedies to get his Money,

3. To whom Mortgage money is Payable,

4. By whom Mortgage money is Payable,

3o. The Essential Characteristics of a Remainder; W. C.

11. There must be a Precedent Particular Estate, whose

regular Determination the Remainder must Await,

2f. The Remainder must be created by the same Convey-

›ance, and at the same time as the Particular Estate,

3f. The Remainder must vest in Right during the continu-

ance of the Particular Estate, or eo instanti that it De-

4. No Remainder can be Limited after a Fee-simple,

4o. The Several Species of Remainders; W. C.

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35. The Several Classes of a Contingent Remainder; W. C.

1h. Remainders depending on a Contingent Determina-

tion of the Particular Estate,

2h. Remainders depending on a Contingency unconnected

with the determination of the Particular Estate,.

3h. Remainders depending on an Event which must hap-

pen, but may not occur during the Particular Estate;

1. Instances of Contingent Remainders of Third Class, 339

2. Exception to Contingent Remainders of Third Class 339

4h. Remainders Limited to a Person not in Being, or not

Ascertained; W. C.

1. Instances of Contingent Remainders of Fourth

2. Exception to Contingent Remainders of Fourth

1k Remainders Limited to Heirs of Grantor,

2k. Remainders Limited to Heirs of a Living Person,

but with a qualification annexed designating the

3k Remainders Limited to the Heirs of him to whom a

Freehold Particular Estate has been, by the same

Conveyance, previously Limited,-the Rule in

Shelley's Case; W. C.

11. Precise Terms of the Rule in Shelley's Case,

21. Circumstances necessary to the Rule,

31. Reasons and Policy of the Rule,

4. Effect of Rule in Shelley's Case, when Applicable, 345

51. Application of the Rule in Shelley's Case; W. C.

1m The Cases wherein the Rule Applies, .

2m. The Cases wherein the Rule does not Apply,

61. Doctrine in Virginia touching the Rule in Shelley's

45 Certain General Principles Applicable to Contingent

Remainders; W. C.

1h The Character of the Particular Estate which must

precede a Contingent Remainder,

2h The Period within which a Contingent Remainder

must vest in Interest,

3h. The Nature of the Contingency upon which a Contin-

gent Remainder must be Limited,

4h. The Disposition of the Inheritance, pending the Con-

5h. The Effect of the Intervention of a Contingent Re-

mainder between the Particular Estate and the Re-

6h. The Effect of a Contingency annexed to a precedent

Estate, on the ulterior Limitations,

7h The Transmissibility of Contingent Remainders, . 361

58 Doctrine touching the Destruction of Contingent Re-

mainders; W. C.

1h The Modes whereby Contingent Remainders may be

2h. The Methods whereby the Destruction of Contingent

Remainders may be Prevented; W. C.

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3e. Reasons for distinguishing Reversions from Remainders, 367

4e Assistance to Reversioners, &c., to ascertain Death of Pre-

5o. Merger of the Particular Estate,

3d Executory Limitations; W. C.

1o. Definition of an Executory Limitation, .

2e. Instances of Executory Limitations; W. C.

2o. Limitations of the Fee-Simple to Shift to Another upon

a future Contingency,

1. Limitations of Freehold Estates in Lands, to Commence

3. Limitations of Chattels to take effect after

tate therein, which is properly a Remainder,

3o. Differences between Executory Limitations and Contin-

gent Remainders,

4. Period within which an Executory Limitation must Fi-

nally Vest; W. C.

1. The Principle upon which a fixed Period is Prescribed, 376

2f. The Period Prescribed; W. C.

15. The Precise Period,

25. Considerations which led to the Adoption of that

35. Instances of Limitations too remote, and therefore Void;

1. Limitations over upon a Failure of Heirs, Heirs of
the Body, Issue, &c.; W. C.

1. Doctrine at Common Law,

21. Doctrine by Statute in Virginia,

2b Limitation over after a Devise or Grant in Fee, with

unlimited power in first taker to dispose of subject, 382

3h. Limitations in contemplation of Obtaining Act of

5o. Certain General Principles touching Executory Limita-

1. If one Limitation in a Conveyance be an Executory Lim-

itation, all subsequent ones are usually so too,

2f. Any number of Executory Limitations of the Fee-Simple

may succeed one another, if not too remote,

3. No subsequent occurrence can make good a Limitation

which is void at its creation,.

4. A Limitation which, in the beginning, was a Contingent

Remainder, may become an Executory Limitation, and

5. Limitations shall not, upon a Future Contingency,

Cease, as to Part, or Vest and Re-Vest,

6. Limitations to a non existing Person,

7. Disposition of the Property, in case of Devise, before

the Vesting of an Executory Limitation,

8. Transmissibility of Executory Limitations,

9f. Protection against Waste, to Persons entitled to Execu-

tory Limitations,

10. Trusts of Accumulation,

6o. Statutory Provisions which, in Virginia, modify the Com-

mon Law Doctrine touching Executory Limitations;

1. The Statutes themselves,

2o. The Judicial Interpretation of the Statutes; W. C.

18. Effect of Devise to "A for life, and if he die without

issue, to B," at sundry Times,

28. Effect of a Devise to "A for Life, and if he die without

issue, to B and his Heirs," at sundry Times,

35. Effect, at sundry Times, of Devise to "A and his heirs

forever, but if he die without lawful heir, Remainder

over to B and his heirs," B being A's brother, nephew, or

other relative, .

3f. Effect, in respect of Executory Limitations generally, of

the Statutes of Virginia, above referred to,

4b. CHAPTER XII. The Number and Connexion of the Tenants or

Owners of Estates; W. C.

1o. Estates in Severalty,

2o Estates where there is a Plurality of Tenants; W. C.

14. Joint-Tenancy; W. C.

1o. Modes of Creating a Joint-Tenancy,

2o. The Properties of a Joint-Tenancy; W. C.

3o. The Incidents of Joint-Tenancy; W. C.

1. Effect of Lease by two Joint-Tenants, Reserving Rent,

2f. Surrender to one Joint-Tenant enures to all, .

3f. Livery of Seisin to, or Entry or Possession by, one of

several Joint-Tenants, enures to all, .

4f. Joint Tenants Convey to one another by Release,

5. A Joint-Tenant can do no act tending to prejudice Estate

of Co-Tenant, .

6o. Joint-Tenants must sue and be sued Jointly,

7. Joint-Tenants' Liability to Co-Tenants for Waste done,

or Profits Received, .

8. Doctrine of Survivorship, or Jus Accrescendi,

4e. Modes of Determining Joint-Tenancies, and the Advan-

tages thereof; W. C.

1h. Partition between Joint-Tenants by Common Consent, 413

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