Law of Real Property: Being a Complete Compendium of Real Estate Law, Embracing All Current Case Law, Carefully Selected, Thoroughly Annotated and Accurately Epitomized, Volume 12

Capa
Emerson E. Ballard, Tilghman Ethan Ballard
Ballard Publishing Company, 1909
 

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Conteúdo

ALIENS 22 Statutory disabilities of aliens to hold real estate
27
ASSIGNMENTS AND BANKRUPTCY 23 Assignments for creditors
28
Federal bankruptcyFraudulent conveyances BONA FIDE PURCHASERS See Vendors and Vendees
30
Agreements fixingOral agreements
31
FencesAcquiescenceAdverse possession
33
Proceedings to establish boundariesEvidence
34
Highways as boundaries
36
Streams and waters as boundaries
37
Locating lost boundaries
38
Monuments courses distances and area
39
Erection of bounds BROKERS 33 Statutes requiring written authoritySufficiency of authority To exchangeExclusive authority
41
RatificationEstoppel
43
Duties and liabilities
45
Termination of relationEffect on right to commissionTime limited
46
CommissionWhether broker entitled
49
CommissionAmount
53
CommissionAction and evidenceQuantum meruit
56
CEMETERIES
57
Character and rights of cemetery organizationsStatutes 41 Rights in cemetery lots
58
Construction and validity of conveyances for religious and volun
59
Open spaces
60
By maps and plats
61
Acceptance
62
Revocation or abandonment
63
What constitutes
64
Mental capacity of grantor
65
COVENANTS
66
Execution
67
PartiesNamesDeed to territory
68
Form of deeds under recent statutes
69
Curative statutes
70
Confirmatory deeds
71
CROPS AND EMBLEMENTS
72
DeliveryIn generalEstoppel
73
DeliveryWhat constitutesEffect of agreementHusband
74
Release or loss of curtesy and dowerLien
78
wife Deposit in receptacleDelivery without authorityRe turn for correction
98
Delivery by recording
101
EscrowIn generalDelivery to take place on grantors death
102
Acceptance
105
Consideration
106
Certainty of descriptionAreaReferences to plats and other documents
108
Evidence in aid of description
112
What interest included under
113
Repugnant clauses
114
Exceptions and reservations
115
Building restrictionsEnforcementAbandonment or loss 85 Recitals in deeds 86 Alterations 87 CancellationLaches or limitationsAllowances to grantee ...
120
Taking of railroad lands by another railroad or other party
121
Cancellation for fraudConfidential relations
122
CancellationFraudulent representations as to use to be made of property
125
Cancellation for undue influence
126
Cancellation for mistake
127
In generalStatutes 93 Adopted children
128
HalfbloodsBastardsChildren of white and negro
130
Adancements 96 Rights of creditors against heirs and devisees
131
DESCRIPTION OF REAL ESTATE See Deeds Leases Taxes Wills DRAINAGE 97 Statutes regulating ditches levees and drainage districts noted and ...
132
Constitutionality of statutesPower of officers under 99 ProceedingsPracticeConclusiveness of findings of board 100 Assessment statutes noted and co...
139
Damages 102 Rights of upper and lower proprietors inter se 103 Levee contract
142
Creation
143
By prescription
146
Grants of rights of wayTo telephone companies
149
By reservationLight and airView
150
Of necessity
151
Lateral support 110 Use of easementsExtent of rights inRemoval of obstructions Damages
152
AbandonmentExtinguishment or estoppel
156
Appurtenant or implied easementReference to planBuilding in part on land of another
158
When properPartiesTenants in common
159
Title necessary to maintainProof of titleBurden of proof
161
Pleadings
163
Defences
164
PracticeDamages
165
EMINENT DOMAIN 118 Who may takeWho is responsible for taking 119 Enabling stațutes noted and construed
167
Use of powerWhether arbitrary or in good faith
180
Title acquired Liabilities
182
Notice to owner
183
Practice and Pleading
184
Jury trialVerdictView
186
Regulation of hunting and fishing
187
Appeal
188
What may be taken 130 Restraining proceedings
189
Machinery
190
CompensationIn general 132 Compensation as prerequisite to taking 133 Measure of damagesElementsTimeBenefits setoff
191
Measure of damages on taking for railroad right of
196
Conveyances of land pending proceedings to condemn
199
Rights of mortgagees and tenants
200
Payment of damages
201
Interest costs and fees 139 Loss of rights acquired by eminent domain
202
When escheat takes placeAliens ESTATES
203
Creation of a
204
Attempted limitation on
205
Life estatesCreation
206
Life estateSale
208
Rights and liabilities of life tenantTaxes 146 Estates tailCreationDestruction by statute and deed
209
The rule in Shelleys Case
210
RemaindersVested and contingentClassesRatification of void sale
212
Conditions
215
Merger of estates ESTOPPEL 151 Estoppel by deed
218
After acquired titleFeeding the estoppel
221
Estoppel in pais
223
SilenceAllowing improvements to be made
227
Proof and admissibility of deeds 156 Parol evidence affecting instruments
228
Proof of lost deeds leases and records
230
Certified copiesPatents
231
Evidence of titleBoundariesDeclarations
232
Evidence of value
235
EXECUTION SALES 161 What may be levied upon
238
What passes at salePriorities
239
Validity of sale
240
Enjoining 165 Redemption from EXECUTORS AND ADMINISTRATORS 166 Contracts and other acts affecting real estate
242
Rights of action
243
Liabilities Actions againstLand affected
244
Proceedings to mortgage real estate
245
Settlement of estate 171 Sale of real estateIn general
246
Preemption of public lands
248
Sale of real estateValiditySetting aside
250
Sale of real estateWho entitled to ask forRights of purchaser 174 Purchase of real estate by executorEffect of 175 Personal dealings by executor
251
Deed signed by only one of several executors
252
In generalHeightRepairsRight to removeCost 178 Statutes regulating
253
Statutes requiring railroads to fence
254
Liability of railroad for failure to fence FIRES
255
Liability of one starting firesStatute prohibiting fires 182 DamagesTo Trees
256
Liability of railroadIn generalAgreements limiting 184 Liability of railroadContributory negligence 185 Liability of railroadUse of spark arrestersMa...
257
Liability of railroad NegligenceEvidenceBurden of proof Pleading
259
Equipment of dwellingsMirrors
264
As between landlord and tenant 194 As between mortgagor and mortgagee
265
FLATS See Waters FORCIBLE ENTRY AND DETAINER 195 In generalWho may bringIssues
266
Defences 197 PracticeStatutes
268
FRAUDULENT CONVEYANCES 198 Giving debtor false credit 199 Conveyances for support of grantor
270
Conveyances between near relatives
271
Conveyances in fraud of marital rights
272
Conveyances by husband to wifeWhen void as to creditors
273
Conveyance from third party taken in name of wife or another 204 Preference of creditors
275
Property exempt from execution
276
Effect of fraudulent conveyance on parties and privies 207 ConsiderationAdequacyVoluntary conveyances
277
Statutes 209 Subsequent creditors 210 Setting asideWho
278
Setting asideBurden of proofEvidence
279
Setting asideKnowledge of grantee 213 Setting asidePracticeExhausting legal remedies
280
Setting asideLevy and sale on execution 215 Setting asideStatute of limitations GAS See Oil and Gas
281
In general GUARDIANS See Infants and Insane Persons HIGHWAYS 217 What
282
Creation of public way by prescriptionOver homestead
283
Laying out or construction of street
284
Alteration or vacation of streetDamages
285
Obstruction in street
288
Rights of abuttor against flooding from street 223 Height of buildings abutting on street
289
Damages from construction of railroad in streetOn embank ment or in excavation
290
Damages from operation of railroad in street
291
Elevated railway in street
294
Pipes and tunnel in street
295
Poles and wires in street 229 Trees in streets and highways
296
Change of gradeMunicipal liabilityStatutes construed 231 Defective highwayMunicipal liability
301
Defective highwayOwners liabilityIce and snow
305
Defective highwayWhat is a defect
306
Who may claimFamilyHead of family
307
Title necessary or acquiredBuildings
308
Extent and value of landSeparate tracts 237 Occupancy necessary
309
Selection and declarationUndivided interests
310
Debts for which a homestead is liableMechanics lien 240 From what debts exemptCreditors rightsPurchaser
312
AbandonmentRemovalSaleRenting
314
AbandonmentWhat is notTemporary absence
315
Conveyance and incumbrance
316
Conveyance and incumbranceNecessity of joint conveyance by husband and wife
317
Effect of divorce or separation on rights to homestead 246 Rights of surviving wife and children
319
JudgmentsPractice
322
Alienation by government of public lands and forfeiture of rights thereinAbandonment
324
Alienation of homestead claims in public lands
326
HUSBAND AND WIFE 251 Rights of married women over real estate
327
Title standing in name of wife
330
Title taken in name of husbandHusband holding interest for wife
331
Estate by entireties
332
Wifes separate propertyWhat isLiability of 256 Conveyances and agreements between husband and wifeGift Antenuptial agreement
336
Effect of divorce on real property rights
338
Rights in community propertyStatutes
339
What occupiers are entitled to reimbursement for improvements Occupying claimant
341
Value of improvements
342
Estoppel 262 Statute not retrospective
343
Validity of contracts and conveyances
344
Affirmance and disaffirmance
345
Sales under judicial control
346
Guardians acts in general
347
Title insurance
348
Insurable interestTo whom policy payable 270 Rights of mortgagor and mortgageeSubrogation of insurance company
350
Policy construedVarious conditions
352
Condition in policy of sole and unconditional ownership
353
Condition in policy against change in title of insured by aliena tion or incumbrance
355
Condition in policy against vacancy or change of use of premises
357
Cancellation of policyAssessments
358
Proof of claimProceedings to recover
359
IRRIGATION ats 277 For what lands water may be takenInterstate
361
Rights of prior appropriators
362
Title by adverse
364
Various water rightsContracts
365
ActionsEquitable relief
369
Irrigation companies and districts
371
Transfer and abandonment of rights
373
Statutes
374
Irrigation works on public or homestead land
375
JOINT TENANTS See Tenants in Common and Joint Tenants JUDICIAL SALES 286 When authorizedNotice
376
Rights and liabilities of purchasers
377
Title passed by salePriority of liens
378
Setting aside saleIrregularitiesEffect
379
LANDLORD AND TENANT 290 When the relation existsState as landlord
380
Estoppel to deny title
381
Tenancy at will 293 Yearly and monthly tenancy
382
Tenancy at sufferance 295 Holding overEffect
383
Forfeiture of tenants estateWaiver 297 Eviction
384
Termination of tenancyRights of parties onChange or de struction of premisesNotice to quit
385
Surrender
387
Farming on sharesRights to cropsManure
388
Landlords lienOn crops
389
Rent
390
Repairs
392
Landlords failure to repair as defence to action for rent 305 Actions between tenants
395
What constituteExistenceAuthority to makeParol lease
396
Construction of covenants inImplied covenants
398
RenewalOption to extend or purchase
400
Subletting
402
Landlords failure to give possession
403
Assignment or succession in interest
404
TerminationForfeiturePerpetuityRedemption
405
Release of tenants sureties 316 Equitable reliefMistake
407
Actions
408
Who is licenseeCharacter of license 319 Revocation
409
Attorneys lien 321 Judgment lienIn general
410
Judgment lienDurationLoss 323 Lis pendensCreationLossWho bound
411
Other liens
412
PrioritiesSubrogation
414
EstoppelQuieting
415
Subcontractors and materialmenOwners duty to protect lienor in making payments Application of paymentsSetoff
430
of debt from owner
432
PrioritiesAs against mortgagee or owner completing
433
Filing of lien statementFormSpecifications 344 Filing of lien statementTime
435
Filing of lien statementDescription of landSeparate build ings 346 Filing of lien statementMistakes
437
Enforcement of lienIn generalLimitationsPart of land sold 348 Enforcement of lienPractice PleadingParties 1
439
Mining rightsIn general
440
Mining rightsLoss or forfeitureDamages for breach of agree meet
441
Mining claimsSuccessive locationsExtentBy public officers Discovery of
443
Mining locations Marking boundariesNotice of location 353 Mining claimsLaw of the apex 354 Mining claimsAbandonmentConflicting locations
445
Mining agreementsRoyalty
447
Mining agreementsConstruction and effect of_Statutes 358 Separate ownership of surface and mineral estate
452
Support of the surfaceDamages
453
ValidityLegality of considerationWhat law governsTo take effect on death
455
Delivery 362 Amount securedAttempts to add simple contract debtsInterest payableUsury
456
Afteracquired property
457
Tax title or deedEffect of acquiring 365 Mutual rights of parties
458
Fraud 367 Construction of particular clauses 368 Husband and wifeSubrogation as
459
Subrogation to rights in mortgages
460
Deeds construed as mortgagesWhen
462
Deeds construed as mortgagesEvidenceActionsPractice
464
Swamp and tide lands
465
Townsite lands
466
Lease of public park
467
Absolute deed and defeasance
468
Mortgage distinguished from conditional sale
469
Assignment of mortgages
470
Assumption of mortgagesLiability of purchaser 377 Extension and renewal
473
PrioritiesSimultaneous recording
474
Tender
475
PaymentDischargeMerger
476
Partial release
478
Penalty for failure to enter satisfaction 383 ForeclosureBreach authorizingNotes maturing at different periods
479
ForeclosureIn what jurisdiction
480
ForeclosurePleadingsPracticeEvidenceTitle of assignee
481
ForeclosureAttorneys fee 387 ForeclosureAppointment of receiver 388 ForeclosureParties
482
ForeclosureDefences
483
ForeclosureUsury as defence 391 ForeclosureLimitations as defence
485
ForeclosureJudgment
486
ForeclosurePersonal and deficiency judgment
487
ForeclosureMarshaling securities 395 ForeclosureCross actions by adverse claimants
488
ForeclosureRights of junior incumbrancerPrioritiesPrior lien
489
ForeclosureStatutes 398 Foreclosure saleValidityTime
491
Foreclosure saleAppraisal 400 Foreclosure saleIn parcels or in solido 401 Foreclosure saleNotice
493
Foreclosure saleRights of purchaserWho may purchaseCer tificate or deed
495
Foreclosure saleApportionment of taxes 404 Foreclosure saleSetting asideRights
496
Mortgagee in possessionTitle by prescription
497
RedemptionWho may redeemPurchaser from judgment creditor of or wife of mortgagor
498
Writ of assistance
499
RedemptionTimeAmountRepayments
500
RedemptionRights onActionsEvidence
502
RedemptionStatute of limitations 411 Adjustment of rents taxes and improvements while mortgagee or purchaser is in possession
503
Trust deed to secure debtsIn general
504
Trust deed to secure debtsSubstitution of trusteesPartial re leaseDeath of grantor
505
Building and loan association mortgagesUsury 418 Building and loan association mortgagesRights of parties upon insolvency of association
507
MUNICIPAL CORPORATIONS
508
Liability of landlord and tenant
509
Liability of employer to employee
510
Owners liability to trespasser or one injured by escaping steam 423 Person invited on premises
511
Licensee
512
Premises attractive to childrenTurntables 426 Elevator shaft
513
Defective structuresAbsolute liability NOTICE 428 By recordKnowledgeName
514
Notice by possession
516
Obstruction of highway
517
Business out of character with neighborhoodNoiseMachinery
518
Offensive odorsSewageSpite structures
519
Smoke 434 Injunctions againstOdors carried across state lineAuthority given public service corporations
521
Damages 436 Municipal controlPersonal liability of officers
523
OIL AND GAS 437 Conveyances
524
Right to drill wellsContract to drill
525
Oil and gas leasesValidityAssignmentOral agreementLia bility to cotenant of lessor
527
Oil and gas leasesForfeiture on lessees failure to develop prop ertyPenalty for such failureWaiverImprovements
528
AssessmentGeneral statutes
532
AssessmentValidity of levyBack taxes
533
AssessmentIn whose nameReassessmentSeparate lots
534
AssessmentValuation and rateIncreaseReview
535
Oil and gas leasesEffect of two leases on same propertyAc tionsReceiver 443 Oil location on public landsForfeiture
536
By agreementParolUnder power 445 Prerequisites
537
AssessmentOn CorporationsRailroads Telephone and tele graph companies
538
Who may have_Minors interestsTitle 447 Statutes
539
Partition of estate of decedent
540
Whether division in specie or by sale ordered 450 Partition salesSetting asideConduct
541
Award of commissionersValuation
542
JudgmentForm and contentsRights of nonresidentEffect of Estoppel to claim under
543
Attorneys fees
544
JurisdictionPracticePleadingCostsParties
545
Payment of taxesIn generalEffect ofOn land of another Compromise
546
PARTY WALLS 455 Party wall agreementsConstructionWhen run with land
547
Rights of partiesWindowsAdvertisingExpense of building and additions
548
StatutesContractsWills
549
Tax saleNotice
550
Tax saleSetting asideRemedyConditionsDefencesStat utes
551
Tax saleRights of purchaser
552
PLATS AND SURVEYS 458 In generalEffect of as referred to 459 Statutory
553
Evidence
554
POSSESSION See Adverse Possession Improvements Notice POWER OF ATTORNEY 461 In general
555
PUBLIC LANDS 462 Indian landsTransferLeaseAction
556
Mexican grants
557
Grants to railroadsExemptions
563
Grazing rights on public lands
564
Authority of land departmentEffect of records 472 Jurisdiction of courtsConclusiveness of decisions of land de partmentConflicting claims
565
General statutes
567
OusterLimitations
568
QUIETING TITLE 475 Who entitled toTitle or possession necessary
569
What constitutes a cloud
573
ActionsPartiesPleadingBurden of proofLapse of time 478 Jurisdiction
575
Statutes
576
Location Change of locationIllegal agreement to locate Homesteaders rights
577
Crossing of railroads and waysFarm crossings
580
Crossing of two railroads
581
Loss or abandonment of rightsBy adverse possessionConvey ance
582
Regulation of rightsEquitable reliefDrainage
584
REAL ACTIONS See ActionsEjectment REAL ESTATE AGENTS See Brokers RECORDS AND RECORDING to 485 AttestationUse as evidenceTim...
586
What instruments may be recordedPlace of recording
587
Unrecorded instrumentsEffect
588
Records as noticePrioritiesVarious defects
589
Records as noticeIndexesInstruments out of chain of title
591
Mistake in description of property
592
REGISTRATION OF TITLE
598
AssessmentsReassessmentsRemedies of abutting owner
605
Performance required of person seeking
611
See Fires
616
STATUTE OF FRAUDS 507 What contracts are within
617
Parol gift of real estate
620
Memorandum
622
Part performanceEarnest money 511 Part performanceTaking possession and making improvements
623
STATUTE OF LIMITATIONS 512 When the statute begins to runIn general
626
Application of statute to mortgages trusts and other matters
630
Not a bar to defencesLaches as affecting
633
Pleading 516 Suspension of statuteAbsence
634
DisabilitiesCovertureInfancy
635
Revival of claim by new promise or statute 519 Statutes noted and construed
636
SURFACE WATER See Waters
637
SURVEYS AND SURVEYORS See Plats and Surveys TAXES AND TAX TITLES 520 Obligation to pay taxesOn whomTo what jurisdiction
638
Purposes of taxation under statutes 522 General statutes in regard to taxation
640
Collateral inheritance taxConstitutionality 524 Collateral inheritance taxStatutes amended and construed
641
Collateral inheritance taxProperty taxableAmount of tax Adopted child
643
Exemption from taxationGeneral statutes amended and con strued
644
Exemption from taxationFactoriesRailroadsWaterworks 528 Exemption from taxationExemption as a rightAssignment Back taxes on property purch...
646
Exemption from taxationPublic property and bonds
647
Exemption from taxation Property of educational institutions 531 Exemption from taxationProperty of charitable religious and cemetery institutions
650
Redemption from tax saleIn generalWho may redeemWhen What property_Conditions
684
Redemption from tax saleNotices
686
Redemption from tax saleLoss of rights 560 Tax deedsIn generalValidityTitle passed underRights under void deeds
687
Tax deedsConclusiveness and effect of as evidenceTax certifi cates
690
Statute of limitations as affecting tax titles
692
Recovery and refunding of illegal taxes paid
694
Action to confirm or quiet tax title
695
TENANTS IN COMMON AND JOINT TENANTS 565 Creation of estate
696
Sale and conveyance of an estate in common 567 Purchase by cotenant of outstanding interest enuring for benefit of
697
Proof of titleSlander of title
701
Abstracts and abstractersLiabilityStatutes governing 572 Registration under Torrens
703
Nature of conveyance ofTitle acquiredWhen trees must be
704
What trees can be cut under various instruments
707
Legislative right to regulate cutting without compensation
708
Actions for injuries to or removal of treesMeasure of damages Injunctions
709
What constitutesActs of public officers
712
Who may maintain an action for trespassTitle or interest nec essary 579 Trespassing animalsGrazing rightsDamages
713
Injunctions 581 Evidence pleadings and practiceSurvival of actions
715
Damages
716
Creation of express trustValidity_ConstructionTitle to sup port action by trustee
718
Founded on fraud or undue influence
720
Sale and conveyance by trustee
721
Constructive trust
723
Resulting trustsOral promiseTitle in name of another Money furnished by another
724
Trustee dealing with trust propertyDutiesJurisdiction of court
729
Active distinguished from passive trustsStatute of uses 590 Rights of beneficiary
731
Sale under power
734
Spendthrift trusts 593 Revocation or termination of trusts
735
VENDORS AND VENDEES 594 Existence of contractCharacterParol
736
Consideration
739
Construction of contractParticular agreements
740
Nature of vendees interestTender of deedEffect of lease
741
Frand and misrepresentationsMistake
743
Auction sale
746
Purchase moneyRecovery ofInterest
747
Title in compliance with contract of purchase 602 Performance and breachDamages
750
Recovery of damages for injuryLoss by fire
753
ForfeitureRecovery of money paid or of deposit
754
Forfeiture or rescissionWaiver
756
Options
758
Vendors lienExistenceLoss
761
Vendors lienAction to enforce 609 Bona fide purchasersWho
763
Bona fide purchasersRights
765
What constitutesPleading and practice
766
Accretion and avulsionChange in bed of stream
768
Title of riparian owners to submerged landsBy State grant
770
Rights in flats or reclaimed landLine of ownership of upland
771
Title to submerged land upon subsidence of water
772
Navigable watersWhat arePublic rights in and in lands thereunder
773
Artificial streams
774
Right to drain and have water flow on land of lower proprietor Unnatural flow
775
Right to take water
777
Rights in lakes great ponds and islands 621 Landings wharves and ferries
779
LoggingBooms 623 Oysters
782
Riparian rights and obligations of municipal corporations
783
Mill rightsRights to erect dams and flow lands
784
Obstruction of watersBy dams or otherwiseDamages 627 Obstruction of watersLiability of railroad
791
ReservoirDoctrine of Fletcher v Rylands disapproved
793
Percolating waters
794
Artesian wells 631 Pollution of streams
795
Surface watersLiability of railroad for diversion
798
Surface watersRight of landowner to drain on land of another
799
Surface watersActions
800
Surface watersLiability of municipalities and their officers
801
WAYS See Easements Highways WILLS 636 Execution and validityHolographNuncupativeStatutes as to What law governs
802
Attestation
804
Agreement to deviseOral
805
RevocationOf joint will
807
Probate and recording
808
PracticePartiesAppeal
809
Estates created
811
Devise to severalShares or portionsTaking per stirpes or per capitaChildren
818
Children born after date of will or death of testatorPosthumous children
820
Devise over of what remains
821
Devise over on marriage or death without issue
823
Devise to a classWhen estate to be divided
825
TrustsCreation and termination
827
Powers contained in wills
829
Conditions
832
Restraint on alienation or incumbrance 653 Real estate charged with debts and legaciesSpecific devise
833
Equitable conversion
835
AdemptionCumulative devise
836
Lapsed deviseOmission of child in will 657 SurvivorshipAccrued shares
837
Election
838
Conveyance by devisee before probate vacated
839
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Página 161 - The court may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others, or by saving their rights, but when a complete determination of the controversy cannot be had without the presence of other parties, the court must cause them to be brought in.
Página 196 - ... is to be estimated by reference to the uses for which the property is suitable, having regard to the existing business or wants of the community, or such as may be reasonably expected in the immediate future.
Página 709 - First, such property is not the result of productive labor, but is derived solely from the state itself, the original owner; second, the amount of land being incapable of increase, if the owners of large tracts can waste them at will without state restriction, the state and its people may be helplessly impoverished and one great purpose of government defeated. * * * We do not think the proposed legislation would operate to "take" private property within the inhibition of the constitution.
Página 189 - To lay out its road not exceeding six rods in width, and to construct the same; and for the purpose of cuttings and embankments, to take as much more land as may be necessary for the proper construction and security of the road...
Página 58 - ... action against the owners of the fee or strangers, who, without his consent, negligently or wantonly disturb it.
Página 353 - This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void * * * if the interest of the insured be other than unconditional and sole ownership...
Página 182 - The power when exercised acts upon the land itself, not upon the title, or the sum of the titles if there are diversified interests. Upon appropriation all inconsistent proprietary rights are divested, and not only privies but strangers are concluded.
Página 773 - A stream is navigable in fact only where it affords a channel for useful commerce and of practical utility to the public as such. The fact...
Página 306 - In the absence of a statutory provision to the contrary, the owner or occupant of property owes no duty to pedestrians to keep the side264 (— Wash. — , walk in front of it free from ice and snow coming thereon from natural causes or to guard against the risk of accident by scattering ashes or using other like precautions, and will not be liable in damages to persons injured by reason of his failure to do so. Nor does a storekeeper owe any greater duty in this regard to customers leaving his store...
Página 354 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple...

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