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

Emerson E. Ballard, Tilghman Ethan Ballard

Ballard Publishing Company, 1909

0 Resenhas

Ver uma prévia deste livro »

O que estão dizendo - Escrever uma resenha

Não encontramos nenhuma resenha nos lugares comuns.

Páginas selecionadas

Página de título

Índice

Conteúdo

ABANDONMENT	1

ADVERSE POSSESSION	7

Notice of claim to true owner	13

Acts necessaryEvidence	19

Payment of taxes	20

ContinuityEstoppel	23

Tacking titles 19 Conveyance of land in adverse possession of anotherChamperty	25

Of public property In highwayOver railroad	26

PracticePleading MECHANICS LIENS 328 What law governsCompliance with	416

General statutesConstructionConstitutionality 330 Who may claimOne furnishing the labor of othersArchitect	417

For what labor and materialsThings subsidiary to work 332 Who bound byLessor and lesseeVendor and vendee	420

Against what land or buildingsPublic buildings	421

AmountWhere contractor fails to performContract price and extras	422

Ownership of land Title in wife and contract with husband 336 Contractors bond	424

Loss or waiver of lienDischargeDestruction of buildingRe moval of building	425

Subcontractors and materialmenNotice of intention to claim lienTo stop paymentKnowledge and consent of owner Notice or agreement not to claim l...	428

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

Direitos autorais

Outras edições - Visualizar todos

Law of Real Property: Being a Complete Compendium of Real Estate Law ...
Emerson E. Ballard,Tilghman Ethan Ballard
Visualização completa - 1910

Law of Real Property: Being a Complete Compendium of Real Estate ..., Volume 5
Emerson E. Ballard,Tilghman Ethan Ballard
Visualização completa - 1899

Law of Real Property: Being a Complete Compendium of Real Estate ..., Volume 3
Emerson E. Ballard,Tilghman Ethan Ballard
Visualização completa - 1895

Visualizar todos »

Passagens mais conhecidas

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.

Aparece em 427 livros de 1830-2002

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.

Aparece em 165 livros de 1874-2006

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.

Aparece em 41 livros de 1892-2006

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...

Aparece em 167 livros de 1832-1999

Página 58 - ... action against the owners of the fee or strangers, who, without his consent, negligently or wantonly disturb it.

Aparece em 25 livros de 1847-1997

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...

Aparece em 206 livros de 1852-1992

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.

Aparece em 9 livros de 1880-1976

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...

Aparece em 12 livros de 1861-1999

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...

Aparece em 24 livros de 1907-1990

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...

Aparece em 241 livros de 1830-2001

Informações bibliográficas

Título	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 Law of Real Property: Being a Complete Compendium of Real Estate Law, Embracing All Current Case Law, Carefully Selected, Thoroughly Annotated and Accurately Epitomized, Arthur Walker Blakemore
Editores	Emerson E. Ballard, Tilghman Ethan Ballard
Colaborador	Arthur Walker Blakemore
Editora	Ballard Publishing Company, 1909

Exportar citação	BiBTeX EndNote RefMan

Sobre o Google Livros - Política de Privacidade - Termos de serviço - Informações para Editoras - Informar um problema - Ajuda - Página inicial do Google

Livros