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STATUTE OF FRAUDScontinued.

the authority to the agent need not be in writing, 376.
when specific performance of an agreement within the statute will be de-

creed, 544.
STATUTE AS to ESTATES FOR YEARS, AND RIGHTS OF LANDLORD AND TENANT.

1 R. S. 743 et seq; 2 R. S. 505, as to remedies. Subject treated under va-

rious heads. See LANDLORD AND TENANT. LEASE. ESTATE FOR YEARS.
STATUTE OF LIMITATIONS,

for the recovery of real property, differs in different states, 350.
it does not transfer an estate from one person to another, 351.
it quiets the possession of the actual occupant, 351.
the several revisions referred to, 351.
limits the people to forty years, 351.
and others to twenty years, 351.
as to a writ of right, formerly twenty-five years, 351.
now reduced to twenty years, 351.
is now regulated by the code, 352.
defines an entry, 352.
regulates the rule as to adverse possession, 353. See ADVERSE POSSESSION.
effect of the statute to mature a wrong into a right, 355, 358.
when it begins to run, 359.
exception in favor of persons under disability, 358, 359.
nature and kinds of disability, 359.
successive disabilities not allowed, 359, 360.
right of entry of a reversioner not affected, 360.
the like of a remainderman, 360.

in what cases conveyance of land held adversely, void, 360, 361, 370.
STATUTES AS TO MARRIED WOMEN.

L. of 1848, ch. 200, p. 307; L. of 1849, ch. 375, p. 528; L. of 1860, ch. 90,

p. 157; remarks on the above, 274, 277, 282. See MARRIED WOMEN.

MARRIAGE SETTLEMENTS.
STATUTE AS TO TRUSTS.

1 R. S. 727 et seq. altered as to charities. L. of 1860, p. 607, considered

and treated, 232 et seq.
STATUTE OF WILLS,

2 R. S. 56 et seq.

considered and treated of, 472 seq.
STOVES,

put up for use, may be removed by tenant, if put up by him, 86.
should be removed before or at the expiration of his term, 86.

effect of his omission to do so, 86.
SUBSCRIBING WITNESSES,

to a deed, 386, 387. See DEED. WILL.
SUPREME COURT,
jurisdiction over trustees, 246.

in cases of dower, 75.
in all matters of equity, 248.

SURRENDER,

meaning of the term, 91, 300, 437.
between what parties, 91.
difference between it and a release, 437.
operative words to create it, 437.

requisites to create it, 438, 439.
SURROGATE,
his jurisdiction to assign dower, 75.

to sell real estate for payment of debts, 340, 349, 350, 342.

within what time after date of letters, 342.
wills proved before him, 482.
SUSPENDED

when descent to children, by act of 1860, 327.
SUSPENSION,

when right to rent suspended, 217, 218.

a partial extinguishment, 298.
SUSPENSION OF POWER OF ALIENATION,

when void, 279, 280.
of ownership of personal property, 280.
cases on the subject referred to, 279, 280 et seq.
in reference to real property, 525. See DEVISE.

T

TAXES,

how far a lien on land, 155, 536.
payment of, should be provided for in the lease, 430.

usually assumed by the tenant, 430.
TAX SALES,

by comptroller, how made, 463.
how far his deed conclusive, 463, 464.
at common law, the purchaser buys at his peril, 464.

the recitals in the deed not evidence, 464.
TENANT FOR LIFE,

entitled to custody of title deeds, 78.
cannot dig for gravel or lime, except for repairs, 78.
nor open a new mine, 78.
his liability as to waste, 78.
to whom liable, 79.

right of, as to emblements, 77.
TENANT FOR HIS OWN LIFE,

and for that of another, a freeholder during his own life, 362.

his right to emblements, 77.
TENANCY IN COMMON,

nature of the estate, 182.
incidents of the estate, 183.
may make partition, 183.
no survivorship in, 183.

TENANCY IN COMMON- continued.

widow of one entitled to dower, 183.
acts which one may do to bind his companions, 184.
liable to account to each other, 184.
may exist in chattels, 184.

in growing crops, 184.
what act of one tenant in common is a conversion, 185. See PARTITION,

185 et seq.

possession of one tenant is possession of both, 356.
must be an ouster to enable one to sue his co-tenant, 357. See ADVERSE

POSSESSION.

by what words created, 409, 410. See DEED.
TENANT AT SUFFERANCE,

how defined, 97.
when entitled to notice to quit, 96.

and when not, 98.
TENANCY FROM YEAR TO YEAR,

less frail than an estate at will, 95.
can only be ended when the year closes, 95.

entitled to notice to quit, 96.
TENEMENT,

meaning of the term, 47.
TENURE,

meaning of the term, 42.
difference between feudal and allodial, 41.

effect of the act abolishing same, 43.
TIME

computation of, by Gregorian style, 81.

from and to a particular day, 81, 424.
TITLE TO THINGS REAL,

meaning of the term, 312.
requisites to a perfect title, 313, 314.
possession, right of possession, right of property, 313, 314.
from what period title to be deduced, 314.
in England for sicty years, 315.
in this country, the period of statute of limitations, 315.
mode of acquiring title, by descent or purchase, 315.
by purchase, eight modes, 343, 345.

by sale under judgment and execution, 454, 455.
TREASON,

a conviction for, a ground of forfeiture, 346.
TREES

the spontaneous growth of the soil belongs to landlord, 77.

such trees are not emblements, 77.
TRUSTEE

when vendee is trustee for vendor of the unpaid purchase money, 114.
when vendor is trustee for vendee of the land, 115.

TRUSTEE-continued.

resignation of, when allowed, 245.
when liable to be removed, 246, 247.
grounds of removal, or resignation, 247.
when trust estate ceases, 247.
effect of death of trustee upon the trust, 245.
what quantity of interest, trustee takes in active trusts, 245. See TRUSTS.
should be appointed in marriage settlement, 279, 285.

but not indispensable, 279.
TRUSTS,

the legal estate vested in trustee, 232.
may be created by will or grant, 233, 242.
resulting trusts, how defined, 234.
how modified by revised statutes, 235, 236.
may be shown by parol, 236.
policy of the law to vest the estate in the party beneficially interested, 236.
express, retained in cases of assignment for benefit of creditors, 236, 237.
trust estate, how defined, 237.
express trusts, when retained, 237.
extended to various objects by later statutes, 238 et seq.
of receivers appointed by order of court, 239.
for religious corporations, 240.
trusts under revised statutes relate only to real estate, 242.
trusts in personal property may be created, 242.
when valid as a power, 242.
power, a lien upon the land, 242.
for education and support of children, 243.
formal trusts abolished, 243.
estate vested in trustee, 243.
party beneficially interested cannot assign it, 243.
when valid as a power, 244.
purchaser of trust estate with notice, bound by it, 244.

in good faith, not liable for the application of the proceeds, 245.
on death of sole trustee, new one to be appointed, 245.
resignation of trustee, when allowed, 245.
effect of death of trustee upon the trust estate, 245.
when court can remove trustee, 246, 247.
grounds of removal, or resignation, 247.
when trust ceases, 247.
when the legal and equitable estates unite in the same person, 247.
when statute of limitations applies, 247, 248.
trusts now executed by the supreme court, 248.
no lapse of time a bar between trustee and cestui que trust, 248.
in marriage settlements, should follow the language of the statute, 281.
to pay over to the beneficiary, good, 281, 282.

estates held in, not devisable, 479, 480.
WILL.-45

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UNOLES,

of intestate, when to take by descent, 333.
USAGE,

of at least twenty years, when it gives a right to an incorporeal heredita-

ment, 347.

how it differs from a custom, 347, 348.
USE AND OCCUPATION,

when it lies for rent, 99.
not when the entry is under a contract to purchase, 99.
only when the relation of landlord and tenant exists, 99.
is founded on contract express or implied, 100.
statute on the subject, 214, 215, 216.

will lie when tenant holds over, 216.
USER,

K
evidence of a right,196, 209.
USES AND TRUSTS,

general view of the old doctrine, 230.

provisions of the revised statutes, 232. See TRUBTS.
USURIOUS INTEREST

not recoverable on a mortgage, 147.
an agreement in advance to pay interest upon interest is not usurious, 147.
but such agreement will not be enforced, 147.

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V
VALUABLE CONSIDERATION,

wherein it differs from a good consideration, 379, 380.
VENDEE,

trustee of vendor for unpaid purchase money, 114, 115.
VENDOR,

when he has a lien for purchase money, 114, 124.
how far upheld in equity, 114, 124.
deposit of title deeds, how far a lien, 114.
without restriction, cannot prevent his vendee from building on his own

land, 219.
sale of real estate, makes the vendee the trustee of the vendor for the un-

paid purchase money, 114, 115.
VOLUNTARY CONVEYANCES,

not aided in equity, 379.

difference between voluntary consideration and valuable one, 379.
VOLUNTARY WASTE,

tenant liable for, 78.
digging gravel, lime, &c., except for repairs, is such waste, 78.

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