RAIL ROADS,

R

have a right to borrow money, 147.

to mortgage their estate and franchises, 148.

not dissolved, ipso facto, by sale of its property, 149.
their right to take land, 149.

RATES, TAXES AND ASSESSMENTS. See TAXES, 430.
REAL ESTATE,

its nature, quality, &c. 47.

when the primary fund, 146.

mode of alienation of, 312 et seq. See DESCENT. PURCHASE.

charge made upon, by will, 343, 521, 522.

lien upon by judgments, 455.

is the subject of a devise, 478.

of title of the owner, when a bar to an adverse holding, 357.
RECORD,

when it is an estoppel, 364. See ESTOPPEL.

RECOVERIES

and fines, abolished, 373.

RELEASE,

how defined, and the different kinds, 436.
the requisites of, 436.

operative words in, 437.

RELIGIOUS CORPORATIONS,

how created, 240.

what trusts they may execute, 242.

how permitted to alien lands, 445, 446.

when devises to, void, 500, 501.

REMAINDER,

how defined, 156, 157.

needs no precedent estate, 157.

otherwise at common law, 158.

vested and contingent, 158.

meaning of those terms, 158, 159.

contingent remainder may be created by will or deed, 160.

cases to illustrate the rule, 160, 161, 162.

may be created in a term of years, 164.

REMAINDER-continued.

an estate for life may be limited on a term of years, 164.

contingent remainder in fee may be limited on a prior remainder in fee, 164.

void when it suspends power of alienation, 164.

cannot be suspended by condition or limitation, 164, 165.

limited on chattel interests, 167, 168.

freehold may be created in futuro, 168.

the like as to chattel interests, 168.

contingent, limited to persons not in being, 168.

limited on a condition subsequent, 170.

conditional limitations, 170.

to posthumous children, good, 171.
how defeated at common law, 172.
cannot be so defeated now, 172, 173.
same rule in deeds as wills, 172.
cross-remainders, how defined, 173.
do not exist now, 173.

REMITTER,

defined and distinguished from merger, 298.

REMOVAL OF TRUSTEES,

by supreme court, 246.

for what causes, 246.

RENEW,

RENT,

covenant to, sometimes inserted in lease, 430.

it runs with the land, 430.

See MERGER.

does not imply that the same covenants should be inserted in the new lease

as in the old, 430.

it should be provided for, 430.

meaning of the term, 203.

three kinds at common law-rent service and rent charge, 204.

covenant to pay runs with the land, 205.

whether the lease be for years, for life or in fee, 205, 206.

effect of statute quia emptores, 206.

whether ever in force in this state, 207.

under a durable lease or grant in fee, runs with the land, 207.

usually reserved on leases, but may be on grants in fee, 208.

cannot be reserved to a stranger, 208.

rent charge subject to dower and curtesy, 209.

lost by eviction, 209.

what amounts to an eviction, 209.

reserved to the deceased, and which has accrued at his death, belongs to
the personalty, 209.

a physical eviction by the landlord not indispensable to relieve the tenant
from liability for rent, 209.

constructive eviction explained, 210.

when destruction of the building by fire, absolves the tenant, 210.
apportionment, when and how made, 210.

RENT-continued.

remedies for non-payment, 212, 213, 217.
how re-entry is effected, 213, 214.
interest recoverable for rent in arrear, 214.
use and occupation, 214.

when rent suspended, or extinguished, 217, 218.
may be reserved in a bargain and sale in fee, 442.
is devisable, 481.

RENT CHARGE,

how defined, 207.

may be reserved in a deed in fee, 207, 425.
such deed usually called a durable lease, 425.
subject to dower and curtesy, 209. See RENT.
REPAIR,

covenant to, inserted in leases, 429.
RESIGNATION

of trustee, when allowed, 245.

when permitted by statute, 245, 246.
not allowed by the common law, 245.
by whom accepted, 246.

consequences of, 246.

what circumstances sufficient to authorize a resignation, 246, 247.
REPUBLICATION

of wills, how made, 493, 499. See DEVISE.

of two kinds, express and constructive, 499.
may be, by a codicil, 500.

RESERVATION

of rent, in leases and in deeds, 208, 442.

when in deeds in fee, called durable leases, 208.

RESIGNATION

of trustee, when allowed, 245.

RESULTING TRUSTS,

how defined, and when allowed, 234, 235. See Trusts.
REVERSAL OF A JUDGMENT,

destroys it as an estoppel, 365.

REVERSIONS,

arise from construction of law, 174.

how defined, 174.

how they may lose their qualities, 175.

incidents of fealty and rent, 175.

rent may be separated from, 175.

grant of, carries the rent, 175.

expectant on a freehold not subject to dower or curtesy, 176.

remedies for injury to, 176.

owner of, may defend suits, 176.

REVIVAL

of revoked will, rule at common law, 498.

how changed by statute, 498, 499.

REVOCATION

of power of attorney, when may be made and when not, 267, 269.

how revoked, and by whom, 267, 269.

when, by death of the principal, 270.
See DEVISE, 492.

of devises.

not to revive a former will, 498, 499.

RIGHT OF COMMON.

RIGHT OF ENTRY,

meaning of, 352.

See COMMON.

of reversioner, not affected by the statute of limitations, 360.

nor of the remainderman, 360.

RIGHT OF WAY,

may be claimed by grant, 194.

prescription, 194.

reservation, 194.

necessity, 194. See WAYS.

RIPARIAN OWNER,

rights of, considered, 220.

RIVERS,

right to private ones, to the center of the stream, 220, 221, 404, 405.
rule as to boundary on, 220, 221, 404, 405.

S

SALE,

SEAL,

of real estate, makes the vendee a trustee of the vendor for the unpaid pur-
chase money, 114, 115.

by sheriff, under a judgment and execution, 454, 455.

a deed executed by several, need have but one seal for all, 271.

if it is adopted as the seal of all, 271.

meaning of the word sealing, 382.

must be wax or wafer, and an impression, 382.

in what cases an impression is sufficient, 383.
how by corporation and public officers, 383.
SEARCHES,

for incumbrances, how far back to be made, 527.
against whom to be made, 528, 529.

the kind of incumbrances, 529, 530, 536, 544.
expenses of, by whom to be borne, 558–562.

SEISIN,

a term not applicable to estates for years, 81.
not necessary for ancestor in case of descents, 326.
covenant of, broken as soon as made, if at all, 414.
does not run with the land, 416.

SETTLEMENT. See MARRIAGE SETTLEMENTS, 272 et seq.

SHELLEY'S CASE,

rule of, formerly law in this state, 166.
abolished by the revised statutes in 1830, 167.
applies to wills as well as deeds, 167.

SHERIFF,

the officer to sell under executions, 455.

personal property the primary fund, 457.

mode of conducting the sale, 457, 458.

evidence to sustain a title under such sale, 458.

an irregularity of the sheriff will not prejudice the title, 458.
his duty on the sale to give certificates, 458.

redemption by judgment debtor, 458.

by a creditor, 460.

when sheriff to give deed, and its contents, 460, 462. See APPENDIX.
his duty as to description of the property, 462.

purchaser entitled to, by the old English practice, 527.

a shorter period in this state, 527, 528.

SPECIAL OCCUPANT,

'who might be, at common law, 57.

how changed by statute, 57.

SPECIFIC PERFORMANCE,

of contracts, doctrine of, 543.

practice of courts of equity, 543, 544.

courts never enforce a gratuitous bargain, 544.

STAMP,

on the paper, when used for a seal, 383.

by what officers, 383.

STATUTE RELATIVE TO DEEDS.

1 R. S. 738, § 136 et seq.

considered, 369 et seq. See DEED. LEASE.

STATUTE OF DESCENTS.

1 R. S. 750 et seq, considered and treated of, 326 et seq.
STATUTE AS TO DEVISES.

2 R. S. 56 et seq. considered and treated of, 472 et seq.

STATUTE RELATIVE TO DOWER.

1 R. S. 740 et seq. considered and treated of, 61 et seq.

STATUTE OF FRAUDS,

requires a lease for a longer term than a year to be in writing, 80, 81.
such lease is good for a year, and void for the excess, 426.

contract for sale of land to be in writing, and subscribed by party or his
agent, 375, 376.