A Treatise on the Modern Law of Real Property and Other Interests in Land

앞표지
Callaghan, 1903 - 1589페이지

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선택된 페이지

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The feudal system
18
Classes of tenure
20
The manor
22
Incidents of tenure
24
Descent of the feud
26
Alienation of the feud
27
Statute of Quia Emptores
28
Abolition of military tenures
29
Tenure in the United States
30
Seisin and disseisin
31
PART II
41
In deed
48
Use of word issue
61
Incidents of estate
67
Lease and contract for lease
89
Condition and use of premises
98
Reservation of rent
105
Assignment of reversion
111
Estoppel to deny landlords title
121
Termination of estate
130
B Tenancy at Will
137
127
142
C Tenancy from Year to Year
144
ESTATES SUBJECT TO CONTINGENCIES
157
Construction of conditions
165
Performance of conditions
173
Determinable base or qualified fees
192
Rights of surviving consort
216
Charitable trusts
248
INTERESTS ARISING UNDER CONTRACTS OF SALE
264
Failure of executory limitation 840
269
The transfer of reversions
272
Presumption in favor of vesting
281
183
292
Trustees to preserve
298
The transfer of remainders
305
Destruction by first taker
329
Statutes dispensing with a particular estate
343
THE RULE AGAINST PERPETUITIES 152 The nature of the rule 844
344
Illustrations of the rule
348
The period allowed for vesting
349
Interests subject to the rule
352
Limitations after estates tail
356
Effect of remoteness of contingency
358
Separation of limitations
359
Charities
361
Accumulations
363
Statutory modifications of rule
365
CHAPTER VII
368
The general nature of concurrent ownership
370
The doctrine of survivorship
372
Termination
373
Joint tenancy regarded with disfavor
374
Tenancy in common
376
Creation
377
Termination
378
Tenancy by entireties
379
Effect of modern statutes
381
Termination
383
Partnership property
386
Ouster of cotenant
389
Accounting by cotenant
391
Contracts and conveyances by cotenant
393
Contribution as between cotenants
396
Acquisition of adverse title
398
Actions by cotenants
401
Voluntary partition
403
ESTATES AND INTERESTS ARISING FROM MARRIAGE
409
DOWER
417
Dower in future estates
438
196
466
The assignment of dower
472
Limitations and laches
482
206
490
Contract by husband
496
HOMESTEAD RIGHTS
502
Rights of children
512
XANIMALS AND FISH
514
Sovereign rights
518
225
525
Border trees
531
232
537
Conveyance or sale of land
546
Removable fixtures
547
Restrictions on right of removal
550
Time of removal
551
Real or personal property
552
Compensation for improvements
553
Part ownership of building
554
MANURE 243 Effect of conveyance of land
555
Rights as between landlord and tenant
556
Manure as real or personal property
557
RIGHTS OF USERWASTE
558
Rights as determined by the quantum of estate
559
General considerations as to waste
560
Earth and minerals
561
Trees and timber
563
Estovers
566
Injuries to fixtures
567
Equitable waste
568
Tenant without impeachment of waste
570
Remedies for waste
573
The right to the proceeds of waste
578
Waste by cotenant
579
BOUNDARIES 258 Judicial determination
581
Express agreement as to boundary
583
Implied agreement or acquiescence
584
Estoppel to question boundary
586
276
609
280
615
Mode of execution
626
285
633
Gifts in default of execution
639
The rule against perpetuities applied to powers
646
CHAPTER XI
649
Prior appropriation
661
Suspension of rights
672
T ACQUISITION OF Easements
676
806
687
Easements created by grant
718
Repairs and alterations
725
EXTINCTION OF EASEMENTS
731
Adverse user of land
737
xxi
749
The nature of the covenant
757
The nature of rent
771
357
778
Apportionment as to amount
784
Termination of leasehold interest
790
Action for use and occupation
798
CHAPTER XVII
806
Support of land
809
Rights of abutting owners
814
Rights of navigation
826
Public sales
833
Mineral lands
836
CHAPTER XIX
846
379
863
Boundaries on water
890
Covenant against incumbrances
904
Covenants running with the land
914
404
923
Effect of delivery
934
CHAPTER XX
940
Acknowledgment and publication
946
Undue influence
952
Subsequent will
960
Revival of will
967
General considerations
981
Kindred of the half blood
987
CHAPTER XXIII
995
Tacking
1002
442
1008
CHAPTER XXIV
1019
General considerations
1020
Tacking
1022
Continuity of user
1023
Exclusiveness of user
1025
Specific rights
1028
Rights in the public
1032
CHAPTER XXV
1034
Islands
1038
CHAPTER XXVI
1040
Estoppel by representation
1045
CHAPTER XXVII
1049
Forfeiture
1050
CHAPTER XXVIII
1053
Sales in equity at the instance of creditors
1057
Sales of lands of infants and insane persons
1060
Equitable decrees transferring title
1061
Adjudications of bankruptcy
1062
CHAPTER XXIX
1063
Judgment for taxes
1066
Remedial legislation
1067
CHAPTER XXX
1068
Rights subject to appropriation
1069
The mode of appropriation
1071
Time of passing of title
1074
The equitable doctrines
1075
The recording acts
1077
Sufficiency of record
1081
Persons affected with notice by record
1083
Notice as substitute for recording
1084
Notice from statements in instruments of title
1090
Purchasers under particular classes of conveyances
1091
Purchasers at execution sales
1097
Transfers after registration
1104
Conveyances in fraud of subsequent purchasers
1114
The homestead exemption
1121
Conveyances between husband and wife
1145
PART VI
1163
Future acquisitions
1172
Sale with right of repurchase
1181
Mortgage to indemnify surety
1188
621
1203
Injuries to the land
1211
527
1218
THE TRANSFER OF A MORTGAGE
1225
Record and notice
1232
645
1238
Tacking unsecured claims
1244
FORECLOSURE
1252
Foreclosure by entry
1258
Power of sale
1268
556
1275
Lien for improvements
1286
Express lien of grantor
1292
Mechanics liens
1297
Attachment liens
1314
The lien of decedents debts
1321
1242
1348
Apportionment and extinguishment
1293
144
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908 페이지 - Lord one thousand six hundred seventy and seven, 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, made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only...
1101 페이지 - ... procured or suffered a judgment to be entered against himself in favor of any person, or made a transfer of any of his property, and the effect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such, creditors of the same class.
785 페이지 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
252 페이지 - ... nothing is better established than this principle, that money directed to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of property into which they are directed to be converted...
672 페이지 - A dispensation or license properly passeth no interest, nor alters or transfers property in anything, but only makes an action lawful, which without it had been unlawful. As a license to go beyond the seas, to hunt in a man's park, to come into his house, are only actions which, without license, had been unlawful. But a...
1252 페이지 - Where a letter of attorney forms a part of a contract, and is a security for money, or for the performance of any act which is deemed valuable, it is generally made irrevocable in terms, or, if not so, is deemed irrevocable in law.
283 페이지 - Future estates are either vested or contingent. They are vested when there is a person in being who would have an immediate right to the possession of the lands upon the ceasing of the intermediate or precedent estate. They are contingent while the person to whom, or the event upon which, they are limited to take effect, remains uncertain.
267 페이지 - An estate in reversion is the residue of an estate left in the grantor, to commence in possession after the determination of some particular estate granted out by him.
234 페이지 - Express trusts may be created for any of the following purposes: 1. To sell real property, and apply or dispose of the proceeds in accordance with the instrument creating the trust. 2. To mortgage or lease real property for the benefit of annuitants or other legatees, or for the purpose of satisfying any charge thereon.
757 페이지 - It is said that, the covenant being one which does not run with the land, this court cannot enforce it; but the question is, not whether the covenant runs with the land, but whether a party shall be permitted to use the land in a manner inconsistent with the contract entered into by his vendor and with notice of which he purchased.

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