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

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Callaghan, 1903 - 1589페이지
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INTERESTS ARISING UNDER CONTRACTS OF SALE
264
Relaxation of commonlaw requirements
281
Presumption in favor of vesting
289
Title pending contingency
299
The transfer of remainders
306
BIROUTORY INTERESTA
318
Fallure of executory limitation
340
Transfer of executory interests 841
341
STATE STATUTORY ESTATES 160 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
366
CHAPTER VII
368
The general nature of concurrent ownership
370
The doctrine of survivorship
372
Termination 873
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
CURTESY
486
HOMESTEAD RIGHT8
502
CHAPTER IX
513
VEGETABLE PBODUCTS OF THE EARTH
521
FIXTURES AND IMPROVEMENTS
535
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
555
Effect of conveyance of land
556
Manure as real or personal property
557
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 681
581
Express agreement as to bounilary 683
583
Implied agreement or acquiescence
584
Estoppel to question boundary
586
FENCES 262 The duty to fence
587
Railroad fences 689
589
LAND UNDER WATER 264 Tide waters 691
590
417Continued
592
Navigable nontidal streams
593
Nonnavigable streams
595
Riparian rights of access
597
ANIMAIS AND F18A 271 Animals
600
RIGHTS TO DISPOSE OF LAND NOT BASED ON OWNERSHIP
601
General character of the rights
603
Commonlaw powers
606
Statutory powers
607
Equitable powers
609
Powers of appointment
610
Discretion as to executionPowers in trust
611
Powers coupled with an interest
612
Creation of powers
615
Scope of the power
616
Exclusive and nonexclusive powers
617
Powers of sale and exchange
618
Who may execute a power
619
Administrator cum testamento annexo
621
In case of joint donees
622
Death of joint donee
624
Mode of execution
626
Showing as to intent to execute
627
Time of execution
631
Conditions of execution
633
Excessive execution
634
CHAPTER XI
649
THE NATURE AND CLASSES OF EASEMENTS
677
n TO ACQUISITION OF EASEMENTA
700
RIGHT OT USER
718
EXTINCTION OF EASEYIRTS 781
731
PROFITS A PRENDRE
740
General considerations
749
The running of benefits
751
The running of burdens
752
Privity of estate
754
The nature of the covenant
757
Party wall agreements
758
The running of the benefit
760
CHAPTER XV
762
Character of agreement
764
Notice
766
Purchasers under common plan
767
Defenses to enforcement
769
CHAPTER XVI
771
The nature of rent
772
Things from which rent may issue
774
Classes of rents
775
Rents as real or personal property
778
Place and time of payment
779
Transfer of rights and liabilities
780
Apportionment as to time
783
Apportionment as to amount
784
Extinguishment or suspension of rent
788
Termination of leasehold interest
790
863Continuod
791
CHAPTER XVII
806
PART V
829
CHAPTER XIX
846
FORM AND ESSENTIALS OF A CONVEYANCL
863
DESCRIPTION OF THE LAND
881
COVENANTS FOR TITLE
899
DXCUTION OF THE CONVEYANCE
916
TRANSFER BY WILL
940
Alienation of land
964
Children or issue omitted from will
966
Revival of will
967
Republication
969
CHAPTER XXI
971
Mode of dedication
973
Acceptance
976
Effect of dedication
978
CHAPTER XXII
981
Surviving consort as heir
984
Parent as heir
986
Kindred of the half blood
987
Representation 1
988
Ancestral lands
990
Unborn children
991
Advancements
992
CHAPTER XXIII
995
General considerations
996
Duration and continuity of possession
998
Tacking
1000
Personal disabilities
1003
Exception in favor of the sovereign
1005
Actual and visible possession
1006
Exclusiveness of possession
1008
Hostile character of possession
1009
Mistake in locating boundary
1013
PRESCRIPTION FOR INCORPOREAL THINGS
1019
CHAPTER XXV
1034
CHAPTER XXVI
1040
CHAPTER XXVII
1049
TRANSFER UNDER JUDICIAL PROCESS OR DECHBB 460 Sales and transfers under execution 1063 2057
1053
Sales in equity at the instance of creditors
1057
Sales of decedents lands
1060
Sales and transfors for purpose of partition
1061
Adjudications of bankruptcy
1062
CHAPTER XXIX
1063
Judgment for taxes
1066
Forfeiture to state
1067
6
1068
Rights subject to appropriation
1071
Time of passing of utlo
1072
NOTICE PRIORITY AND RECORDING
1074
The oquitable doctrinos 1076
1076
The recording acts
1081
Sufficiency of record
1083
Notice from possession 481 Notice from statements in Instrumonts of titlo
1088
CHAPTER XXXI
1101
RDSTRICTIONS UPON THE FREEDOM OF TRANSFER
1107
PERSONAL DISABILITIES AS TO THE TRANSFER OF LAND
1143
PART VI
1163
The obligation secured
1183
THE TRANSFER OF MORTGAGED LAND
1214
THE TRANSFER OF A MORTGAGE
1225
PAYMENT REDEMPTION AND DISCHARGE
1234
TL FORECLOSURE
1253
CHAPTER XXXVI
1278
CHAPTER XXXVII
1296
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906 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...
1099 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.
783 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.
250 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...
670 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...
1250 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.
281 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.
265 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.
232 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.
755 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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