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

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Callaghan, 1903 - 1589ÆäÀÌÁö

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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
Origin and history
53
Use of word children
59
Things in which estate may exist
65
40
92
Mode of use by tenant
100
By operation of
107
48
113
Effect of eviction
130
B Tenancy at Will
137
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
Duties and powers of trustees
196
122
213
The nature of a trust
217
Termination of the trust
246
EQUITABLE CONVERSION
253
Resulting interests under trusts for conversion
261
CHAPTER VI
268
Failure of executory limitation 840
269
Rights by way of escheat
274
Vested and contingent remainders distinguished
282
Presumption in favor of vesting
289
By destruction of particular estate
295
Cross remainders
301
THE RULE IN SHELLEYS CASE
308
THE ACQUISITION OF EASEMENTS
315
133
316
Destruction by first taker
329
Limitations to survivors
335
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
Statutory modifications of husbands rights
415
Mines and quarries
426
Interests under contract of purchase
433
Dower in land jointly owned
440
190
446
Effect of avoidance of conveyance
452
Mode of election
458
196
466
The assignment of dower
472
Limitations and laches
482
206
490
Contract by husband
496
HOMESTEAD RIGHTS
502
Rights of surviving consort
506
Rights of children
512
ANIMALS AND FISH
514
Sovereign rights
518
225
525
Border trees
531
232
537
Conveyance or sale of land
546
Restrictions on right of removal
550
Manure as real or personal property
557
Trees and timber
563
253
570
256
577
FENCES
587
266
595
PART III
603
Powers of appointment
610
Scope of the power
616
CHAPTER XII
676
Cessation of purpose of easement
732
In favor of innocent purchaser
739
339
745
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
CHAPTER XVII
806
591
809
Rights of abutting owners
814
Rights of navigation
826
Railroad grants
834
CHAPTER XIX
846
379
863
593
879
COVENANTS FOR TITLE
899
597
918
The acquisition of rights
920
CHAPTER XX
940
Acknowledgment and publication
946
Undue influence
952
Revival of will
967
425
981
Representation
990
Tacking
1002
442
1008
CHAPTER XXVI
1040
TRANSFER UNDER JUDICIAL PROCESS OR DECRER 460 Sales and transfers under execution
1053
Sales of decedents lands
1057
Sales of lands of infants and insane persons
1060
Equitable decrees transferring title
1061
Adjudications of bankruptcy
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 for value
1093
Purchasers without notice from purchasers with notice
1095
Purchasers at execution sales
1097
REGISTRATION OF TITLE 488 The purpose of the legislation 489 The method of registration 490 491 Transfers after registration Equitable interests
1101
1105
1105
RESTRICTIONS UPON THE FREEDOM OF TRANSFER 494 General considerations 495 Conveyances in fraud of creditors 496 Conveyances in fra...
1107
The homestead exemption Persons entitled to the right
1122
Land in which the right exists
1124
Character of the claimants interest in the land
1127
Debts to which the exemption extends
1128
Claim and selection Transfer of the homestead property
1131
Loss of rights by abandonment Waiver of rights
1134
Federal homestead exemption 500 Restrictions in creation of estate
1135
Estates in fee simple Estates in fee tail
1139
Estates for life
1140
Conveyances between husband and wife
1145
PART VI
1163
1109
1170
Sale with right of repurchase
1181
515
1190
The right to possession of the land
1199
522
1205
Remedies of the mortgagor
1213
Enforcement of personal liability by transferee
1219
THE TRANSFER of a MORTGAGE
1225
Record and notice
1232
FORECLOSURE
1252
Foreclosure by entry
1258
Power of sale
1268
556
1275
Lien for improvements
1286
Express lien of grantor
1292
Mechanics liens
1296
Assertion and enforcement of lien
1303
572
1318
1114
1331
1005
1348
1230
1117
1235
1236
1238
1118
1239
1121
1242
1122
1127
1128
1134
1140
Apportionment and extinguishment
1284
Escheat
Cross limitations
1246
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906 ÆäÀÌÁö - 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 ÆäÀÌÁö - ... 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - ... 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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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