Law of Real Property: Being a Complete Compendium of Real Estate Law, Embracing All Current Case Law, Carefully Selected, Thoroughly Annotated and Accurately Epitomized, Volumen10

Emerson E. Ballard, Tilghman Ethan Ballard

Ballard Publishing Company, 1904

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ABSTRACTS AND ABSTRACTERS	1

I	4

Street railroads	7

ACKNOWLEDGMENTS	13

ADVERSE POSSESSION	19

LANDLORD AND TENANT	30

ALIENS	32

BOUNDARIES	39

Priority of mortgagesMortgage for future advances 469 Assumption of mortgageTaking conveyance subject to mortgage	469

Assumption of mortgageAgreement of assumptionPer sonal liability	470

Assumption of mortgageWho may maintain action on covenant of assumption	471

Assumption of mortgageAction by mortgagee on covenant of assumption in executory contract of sale followed by warranty deed of mortgagor	472

Assignment of mortgage 474 Assignment of mortgageRecording	474

Assignment of mortgageTitle and rights of assignee	475

Assignment of mortgagePayment after assignment 477 Payment release and satisfaction	476

Release of part of mortgaged premises	477

SECTIONS	41

CEMETERIES	48

Church property	53

FraudRepresentations as to quality value and title	56

COVENANTS SECTIONS 69 Covenants running with the land 70 Covenants of warranty	63

Covenants against incumbrances 72 Breach of covenantsEviction	64

Breach of warrantyInjunction against grantees removal of his half of a stone boundary wall	65

Breach of covenantsPleading and practice in action	67

CROPS AND EMBLEMENTS 76 Title and right to growing crops	68

Tenants right to crop as against purchaser at execution sale CURTESY AND DOWER 78 Curtesy of husband	71

Right to dowerNature of estate 80 Lands subject to dowerStatutes construed	72

Release or loss of dower	74

Jointure 83 Assignment of dower	75

DANGEROUS PREMISES 84 Liability of agricultural society for accident resulting from shooting gallery operated on its grounds	76

Liability of ownerInjury to persons invited onto his premises	79

Liability of ownerParticular cases	80

Liability of owner for injury to tenantGeneral principles	87

Liability of owner for injury to tenant resulting from con cealed defects	88

Liability of owner for injuries resulting from defects in por tions controlled by him of premises leased to several tenants	89

Liability of lessor of public toboggan slide for defects in its 91 Construction Liability of executor or lessee	91

Fall of buildings or other structures	92

Injuries to children	93

Injuries to childrenDoctrine of Turntable Cases	94

Injuries to childrenCity maintaining defective gate which injures child climbing onto	95

Repairing sidewalkStatutory obligation of abutting owner subservient to municipal control	96

Defective sidewalksLiability of abutting owner 98 Defective sidewalksLiability of city	99

Miscellaneous notes	101

Dedication of land to public useGeneral principles ΙΟΙ As to what constitutesMaps and plats 102 As to what constitutesMaps and platsMarking Hotel	102

Site 103 As to what constitutesParticular cases	104

Public squares and parks	105

Acceptance of dedicationNecessity of and what constitutes	106

Revocation or abandonment of dedication	107

Deeds and wills distinguished	108

Consideration 109 Delivery of deedGeneral principles	110

Delivery of deedParticular cases III Delivery by recordingPresumptions	111

Delivery to third person to be delivered after grantors death	112

Delivery in escrow	113

Acceptance of deed	114

Alteration in deedAgreement to surrender deed 116 Construction of deedsGeneral rules and principles	115

Construction of deedsConflict between habendum and grant ing clauses 118 Construction of particular deeds	117

Recitals in deedsForce and effect	119

Exceptions and reservations 121 Restrictions on alienation and liability of debts	121

Restrictions as to use of granted premises	124

Restrictions as to erection of buildingsBuilding lines	125

Cancellation of deedMental incapacity of grantor	126

Cancellation of deedFraud or undue influence	128

Cancellation of deedDeed procured by fraudulent repre sentation as to use to be made of property	129

Cancallation of deedReturn of considerationJurisdiction of equity to put plaintiff in possession	131

Miscellaneous notes	133

DESCENT	139

Sufficiency of descriptionCancellation of authorities	146

Way of necessity 169 Way of necessityLocation and	155

Lateral support 171 Lateral supportRemoval of sand from sea shoreLiability for injury to property not adjacent	157

Light and	158

Rights of dominant and servient owners 174 Rights of dominant and servient ownersRight of one hav ing a right of way to grade and gravel	159

Abandonment or extinguishment of easement	160

As to when the action will lie and who may maintain	161

Ejectment not the proper remedy for interference with rights of street railway company in streets 178 Ejectment against railroad	163

Devise of right of way absolutely does not pass the	165

Complaint in ejectment	166

Defenses in ejectment	167

Evidence and instructions	168

Practice in ejectmentMiscellaneous notes	169

IMPROVEMENTS	170

EMINENT DOMAIN 184 Right of eminent domainConstitutionality and construction of statutes	171

As to what constitutes a public	172

Extent of power given a city to condemn land for the use of the public parks	173

As to what constitutes a taking of property	175

What property may be taken	176

Condemnation of land already appropriated to a public use 190 Condemnation of land already appropriated to a public use Lands appropriated by a ...	178

Telegraph and telephone lines along railroads	181

Additional servitudeWalls to support a railroadTelephone poles and linesElectric railroads	184

Additional burdenElectric light poles	185

Proceedings to condemn landNecessity of notice	192

Compensation for property taken as a prerequisite to	194

Proceedings to condemn landEvidence	197

Proceedings to condemn landInstructions to jury	198

Proceedings to condemn landJury trialView of premises 200 Proceedings to condemn landRecovery of interest costs and attorneys fees	200

Proceedings to condemn landRights of remainderman vendee mortgagee or devisee	201

Proceedings to condemn landMiscellaneous notes	202

Proceedings to condemn landStatutes construed	203

Proceedings to condemn landConveyance of land pending Proceedings to condemn	203

Measure of damagesElements considered	204

Measure of damagesLoss of business as an element of damage	206

Measure of damagesCondemnation of land for railroad right of	207

Measure of damagesAppropriation of railroad right of way for other purposes	208

Tile acquired by condemnation of land EQUITY	209

SubrogationRights of purchaser mortgagor and mortgagee	210

SubrogationRights of life tenant and sureties	211

SubrogationOne furnishing money to pay debt of another or discharge prior lien 213 Equitable relief from mistakesContribution	212

Equitable conversion ESTATES 215 Creation of feesimple estate	214

Creation of feesimple estateLimitations on a	216

Estat	217

Rule	218

Life 220 Duty 221 Sale es tailCreation and conversion into other estates is Shelleys case estatesCreation ofMiscellaneous notes of life tenant to pay ta...	219

Conveyance of expectant estates	222

RemaindersGeneral principlesContingent and vested	223

Contingent remainderSale on execution	224

Creation of estates upon conditionCondition subsequent	225

Creation of estates upon conditionStipulation against use of town lots as a place to handle grain	226

Creation of estates upon conditionConveyance in consideration of support	227

Breach of condition subsequentRemedies 229 Breach of condition subsequentTransfer of right of entry and remedies 230 Breach of condition subseq...	228

Perpetuities	229

MergerGeneral priciplesConveyance taken by lienholder 233 Miscellaneous notes	232

Estoppel by deedGeneral principles	233

Title by estoppelAfteracquired title	235

Estoppel in paisGeneral principles and particular cases	236

Estoppel in paisAccepting benefits	237

Estoppel in paisSilence	238

Estoppel in paisSilenceAsquiescence in forged instrument EVIDENCE 240 Admissibility of deeds and contracts	239

Admissibility of records and certified copies	241

Parol evidenceFixing boundariesConstruction of deeds Proof of contents of lost deed	242

Parol evidenceContemporaneous and collateral agreements	243

Parol evidenceModification of covenants in deeds	244

Declarations affecting realty interests	245

Declarations concerning boundaries 247 Presumption of grant from the state	246

Competency of witnessesStatutes construed	247

EXECUTION SALES	248

What real estate may be sold on execution 250 Issue levy and return of execution	249

Sale in parcels or in solido	250

Certificate of sale and sheriffs deed	252

Title and rights of purchaser	253

Validity of salesSetting aside	254

Validity of salesPurchase by attorney of plaintiff	255

FENCES	259

Right of tenant to manure	278

Complaint 282 Defenses	280

PracticeStatutes construed FRAUDULENT CONVEYANCES 284 Acquiescence of debtor in being defrauded of his property Conclusiveness upon hi...	283

What constitutes a fraudulent conveyance	284

Conveyance for support of grantor 287 Conveyance in fraud of marital rights	285

Conveyance in view of prospective marriage	287

Conveyances between husband and wife	289

Rights of husbands creditors in crops raised by him on his wifes land or products of their joint efforts 291 Rights of persons extending credit to husb...	291

Conveyances between near relatives	293

Voluntary conveyances 294 Voluntary conveyancesRecord of as constructive notice 295 Preference of creditors	296

Property exempt from execution or held in trust 297 Force and effect of fraudulent conveyance between parties to	297

Force and effect of fraudulent conveyance between parties to itTitle of fraudulent granteeProtection of statute of limitations 299 Force and effect of f...	298

to it Rights upon setting aside of deed 300 Conveyance or mortgage by fraudulent grantee to pay or secure debts of his grantor	300

Liability of fraudulent grantee taking with notice who ap propriates or mortgages the propertyApplication of the rule where the grantee is the wife of...	301

Rights of subsequent creditors and purchasers	303

Setting asideWho may maintain the action	304

Setting asideReducing claim to judgmentExhausting legal remedies	305

Setting asideComplaintParties 306 Setting asidePractice	306

Setting asideProof of fraudBurden of proof	307

Setting asideProof of fraudDeclarationsWithholding instrument from record 309 Setting asidePriority of rights between creditors	309

Loss of creditors right to assail fraudulent conveyance	310

Conveyance and incumbrance of homesteadNecessity	323

Homestead rights of surviving widowEffect of nonresi	329

Occupying claimants	338

Improvements by life tenant	344

Improvements placed on railroad right of way INFANTS AND INSANE PERSONS 338 Validity of contracts and conveyances	345

Affirmance and disaffirmance	346

Judicial sale of infants lands	348

Title insurance INSURANCE	349

Insurable interest 343 Insurable interestTenant by curtesy initiate	350

Insurance by life tenantBy vendor or vendeeApplication of proceeds of policy	352

Rights of mortgagor and mortgagee	354

Mortgage clause in policy	355

Condition avoiding policy for lack of sole and unconditional ownership by insured 348 Condition avoiding policy for lack of sole and unconditional...	357

Condition in policy against change in insureds title by alienation or incumbrance	359

Forfeiture of policy by vacancy of premisesRevival of policy by reoccupancy	360

Total loss defined	361

What constitutes an appropriation of waterAppropriation by erection of dams and dikes	362

AppropriationExtent of rightChange of point of diversion	364

AppropriationPriorities	365

Acquiring water rights by adverse	366

Conveyance of water rights 357 Actions and adjudications concerning water rights	367

Miscellaneous notesStatutes construed	369

Notice of sale JUDICIAL SALES	370

Title and rights of purchaser 361 Title and rights of purchaserWrit of assistance	371

Setting asideIrregularitiesInadequacy of price	372

As to when the relation exists	373

Estoppel to deny title 365 Forfeiture of tenants estate	374

Tenancy at sufferance 367 Holding over	375

Termination of relationNotice to quit	376

Time allowed tenant to remove his personal property after expiration of leaseEffect of failure to remove	377

Surrender	378

Surrender by operation of	379

Farming on the sharesTitle to crops 373 Landlords lien	380

Landlords lienForfeiture and waiver of lien	381

Repairs 376 Repairs Rights of lessee upon breach of lessors covenant to make	382

Nature of obligation of owner of building leasing separate portions to different tenants to keep roof and other parts	383

What constitutes a leaseParol lease	386

Construction of leases 380 Construction of leasesStipulation in lease of lot by camp meeting association requiring lessee to conform to its 381 Accept...	387

Renewal or extension of lease premises for sale of intoxicants 383 Renewal or extension of leaseHolding over as an exercise of an option to renew	391

Subletting	393

Assignment of lease 386 Assignment of leaseLiability of assignee 387 Assignment of leaseAssignee accepting liable for rent with out entering into po...	395

Necessity and sufficiency of consideration for parol agree 389 Miscellaneous notes ment to reduce rent reserved in a written lease	397

Duration of licenseRevocation	398

Judgment lienDuration	404

MECHANICS LIENS	417

Subcontractors and materialmen	425

Mining leasesRight of lessee of coal mine to construct rail	437

Rights of life tenant in mines	445

Equitable mortgageMortgage by deposit of title papers	451

Payment of taxes by mortgageeeRights acquired	460

Deeds construed as mortgagesConditional sales distin guishedTitle and estate of parties	461

Deeds construed as mortgagesDefeasanceRequisites and sufficiency	463

Action to declare deed a mortgageBurden and sufficiency of proof	464

Priority of mortgages	465

Priority of mortgagesPriority of mortgage of corporation over debts incurred by a receiver operating	466

Priority of mortgagesAgreement fixingNew mortgage	467

taken by prior mortgagee	468

Discharge of lien by tender of debt secured	478

Authority to receive paymentPayment to agent	482

Release by mistake or without authority	483

Penalty for failure to enter satisfactionStatutes construed 483 Penalty for failure to enter satisfactionRelease withheld in good faith	484

Breach authorizing foreclosure	485

Foreclosure proceedingsGeneral principlesPractice	486

Complaint in foreclosure proceedings	488

Parties to foreclosure proceedings	489

Defenses to foreclosure proceedings	490

Usury as a defense to foreclosure proceedings	491

Statute of limitations 491 Judgment in foreclosure proceedingsForce and effect	493

Personal and defficiency judgment on foreclosure of mortgage 493 Allowance of attorneys fees in foreclosure proceedings	495

Appointment of receiver in foreclosure proceedings	496

Counterclaims cross bills and adjudication of adverse claims of third parties in foreclosure proceedings 496 Rights of junior incumbrancers	498

Marshalling securitiesRule where portions of the mort gaged premises have been conveyed 498 Sale under decree of foreclosureAppraisement of pro...	500

Notice of sale	502

Time place and manner of saleSale in parcels or in solido 501 Application of proceeds of sale	503

Validity of foreclosure saleSetting aside	504

Title rights and liabilities of purchaser	505

Right of purchaser to possession and writ of assistance	506

Foreclosure by advertisement	507

Power of saleRevocation	508

Power of saleSale under 508 Power of saleSale underPurchase by mortgagee	509

Deed of trust to secure debts 510 Deed of trust to secure debtsSale under 511 Deed of trust to secure debtsAppointment or substitution of trusteeSale	511

Mortgage to secure several notes	512

Building and loan association mortgages 514 Building and loan association mortgagesForeign associa tions	513

Building and loan association mortgagesUsury	514

Building and loan association mortgagesAccounting Computation of amount due 517 Building and loan association mortgagesRights of parties upon ...	516

Notice to one of two parties taking a mortgage	518

Knowledge sufficient to charge one with notice 520 Charging notice to principal on account of knowledge of his 521 agent or attorney	519

Notice by publication	520

NUISANCE	521

Smoke as a nuisanceLegislative and municipal power so to declare	524

What constitutes a nuisance 526 What constitutes a nuisanceNoise as a nuisanceBase ball parkSunday base ball	528

What constitutes a nuisanceStorage of gunpowderUse of dynamite in making excavations	532

What constitutes a nuisanceStable in city or town	535

What constitutes a nuisanceDischarging accumulations of rain or	536

What constitutes a nuisanceEncroachment or obstruction upon highways and streets	539

What constitutes a nuisanceMaintaining obstruction in highway placed there by another	540

Injunction by property owner against nuisanceObstruction of highway 533 Remedies and proceedings against nuisances	542

Action for nuisanceDamages recoverableInjuries result ing from noisome gases and offensive odors	544

Municipal control	546

Lessor and lesseeRights and liabilities as to nuisances	547

Partition by agreement 538 Who may have partition	548

Right to possession as prerequisite to the actionJoinder of action for partition and to recover real estate	549

Partition proceedingsRight of defendant cotenants in action for partial partition	551

Partition proceedingsMiscellaneous notes	552

Partition proceedingsStatutes construed	553

Partition proceedingsTrial of title	554

Partition proceedingsEffect of judgment 545 Partition proceedingsAllowance of costs and attorneys fees	555

Payment of oweltyEffect of statute providing for partition sale	556

Partition sales	557

PARTY WALLS 548 What constitutes a party wallUse of wallMunicipal con trol of party walls 549 Agreements concerning party wallsContribution	559

PLATS AND SURVEYS 550 Maps and platsRule where there is a variance between sur vey and plat	560

Surveys and surveying POSSESSION	561

Possession as notice of rights or title 553 Possession by tenant or tenant in common as notice	562

POWER OF ATTORNEY 554 Authority conferred by power of attorney	563

Execution of powerForm force and effect of deed by	564

torney	565

Effect of principals ratification of invalid deed by attorney	566

PUBLIC LANDS 557 Indians and public lands	568

Conclusiveness of decisions of land department	569

Jurisdiction of state courts	570

School lands 561 Definition of lead lode or vein of mineral matter	573

Mining claimsLocation and relocation	574

Mining claimsMarking boundariesNotice of location Description	575

Mining claimsFollowing dip or vein 565 Mining claimsDoing required amount of workForfeiture and relocation	577

Mining claimsConflicting locationAdversary proceedings 567 Mining claimsCotenants	578

Mining claimsRemoval of timberInjunction against re moval of ores 569 Title to mining claim conferred by government certificate of purchaseTend...	579

Swamp and tide lands	582

Townsite lands 572 Grants to railroadsStatutes construed 573 Preemption of public lands for homestead	584

Exemption of timber culture claim from debtsMortgage and sale of homestead claim 575 Patents	586

Construction of local statutes	587

Water rights on public lands 578 Miscellaneous notes	588

QUIETING TITLE 579 As to when the action will lie and who may maintain	589

Equitable nature of actionEffect of statutes 581 Possession by plaintiff required	590

Complaint in action to quiet title	592

Parties and defenses 584 Judgment in action to quiet titleRecordingForce and effect 585 Practice in action to quiet titleMiscellaneous notesStatutes co...	594

REAL ACTIONS 586 Jurisdiction over unborn or unascertained parties through representation by trustee	596

Jurisdiction depending on action involving boundaries or title	598

Jurisdiction of courts of equity	599

JurisdictionWhen determined by residence of party or loca tion of land	600

Stare decisisOverruled cases 591 Former adjudicationWho bound	601

Former adjudicationJudgment against tenant by third party When binds landlord 593 Former adjudicationParticular cases	602

Tender 595 InjunctionsGeneral principles	604

InjunctionsPreliminary or temporary injunction 597 InjunctionsPleading and practice in action	605

InjunctionsCauses sufficient for granting	606

InjunctionsCauses insufficient for granting 600 Injunction to prevent water company from shutting off water in violation of its contract	607

Injunctions against trespass	609

Appointment of receiver 603 New trial of right	611

Parties to real actions	612

REAL ESTATE AGENT 606 Employment of agentStatute requiring written authority	613

Revocation of agents authority	617

Action to recover commissionComplaintMeasure of	623

Unrecorded instruments	629

Procedure to effect redemptionChange in redemption	636

Mutuality of mistake required	637

Correction of lease by including option to purchase	638

Reformation of mistakes in descriptions 640 Reformation of mistakes in descriptionsConveyance of mar ried woman	640

Parties pleading and practice in actions for reformation	641

Proof required in action for reformation	642

Right to rentsMiscellaneous notes	643

Right to rentsMortgagor and mortgagee 645 Right to rentsPurchaser at foreclosure sale	644

Creation of liability to pay rent	645

Defenses in actions for rent	646

Collection of rent by distress	647

RESULTING TRUSTS 649 General principles and particular cases 650 Degree of parol proof required to establish a resulting trust	648

Trusts arising out of fraud or violation of contract	649

Trusts arising from the payment of purchase money 653 Trusts arising from the payment of purchase moneyCon veyance to parent husband or wife	652

RIGHT OF WAY 654 Right of way agreementsConsiderationConstruction Right of railroad company in possession	653

takingDeposite of money in court pending condemna tion proceedings	654

Grants of right of wayEstate grantedRight of grantee to minerals	656

Grants of right of wayConditions covenants and limitations	657

Use of right of way 659 Farm crossings over or underneath right of	664

Crossings of railroads streets and highways	665

Railroad crossings highway or streetMandamus to compel compliance with statute	666

Abandonment of right of	668

RIPARIAN OWNERS	669

What constitutes a valid appropriation of ice on public waters	671

Title and rights of riparian owners	672

Right of riparian owner to increase flow of stream by drain age of his land	674

Riparian title and rights on stream having two sets of banks	675

Riparian rights of mill ownersInterference with by floating logs	676

Riparian rights of municipal corporations	677

Navigable watersTitle to and control of by state	680

Navigable watersTitle and rights of riparian owners 673 Navigable watersTitle of state of Wisconsin to bed of navigable lakeConstitutionality of statu...	682

AccretionRights of riparian owners 675 Islands formed in streams	687

Obstruction or diversion of waters	689

Obstruction or diversion of watersLiability of railroads 678 Pollution of streamsDischarge of sewageRights and lia bilities of cities 679 Pollution or o...	690

Maintenance of canal over lands of anotherLiability for damages resulting from percolation of water SPECIFIC PERFORMANCE 681 What contract...	692

What contracts may be specifically enforcedMutuality re quired 683 Contracts to convey land 684 Contracts to convey landDefiniteness required	695

Performance diligence and good faith required of person seeking 686 Demand and tender	696

Practice in action for specific performance 688 Practice in actions for specific performanceContract of mar ried man not signed by his wife	698

Practice in actions for specific performanceDefenses	699

Practice in actions for specific performanceDegree of proof required 691 Practice in actions for specific performanceAwarding costs in action by ven...	700

SECTIONS	701

Action for injury by fireComplaintMeasure of damages	708

Sufficiency of memorandum	714

Application of statute of limitationsGeneral principles	721

Interruption or suspension of statuteAbsence from state	727

SURFACE WATER	732

TAXES AND TAX TITLES	738

Exemption from taxationProperty used solely and	744

Assessment of taxesAssessment of estate of mining lessee	747

Assessment of taxesAssessment of growing timber	748

Assessment of taxesMortgaged land	749

Assessment of taxesStatutes construed	750

Exemption from taxationProperty of railroads and manu	751

made	753

Assessment of taxesDescription of property 753 Assessment of taxesOmission of property	761

Lien for taxes 755 Sale of land for taxesMiscellaneous notes	762

Sale of land for taxesNotice of tax sale	763

Sale of land for taxesPosting of notice of sale	764

Who may purchase at tax sale	765

Title and rights of purchaser at tax sale 760 Title and rights of purchaser at tax saleEasements and rights previously granted to others	767

Irregularities sufficient to avoid or invalidate a tax sale	768

Irregularities insufficient to avoid or invalidate a tax sale 763 Setting aside tax saleRights of purchaserTender and pay ments required of one recoveri...	770

Redemption from tax sale 765 Redemption from tax saleExtension of time on account of minority of persons entitled to redeem	773

Notice of expiration of time to redeem	774

Tax deed 768 Tax deedConclusiveness of recitalsValidity of deed to county purchasing as a competitive bidder	776

Judicial proceedings to collect taxes	779

Foreclosure of tax lien and tax sale certificate	780

Statute of limitations and tax titles	781

Miscellaneous notes and construction of miscellaneous statutes	782

TENANTS IN COMMON 773 Creation of an estate in common	784

Sale and conveyance of an estate in common 775 Buying in outstanding titles and discharging incumbrances 776 Ouster	786

Recovery of rent between tenants in commonLien therefor 778 Recovery by cotenant for making repairs or damages for cutting timber	787

Construction of contracts in reference to title	788

Contracts and conveyances concerning timber and trees	794

What constitutes trespass	801

Spendthrifts trusts	802

Sale and conveyance by trustee	803

Trustee dealing with trust propertyPurchase at his own sale	804

Practice in actions for trespassMiscellaneous notes	808

Revocation or termination of trusts	813

VENDOR AND VENDEE 806 Estate and rights of vendor and vendee	814

Recovery of damages for injury 808 Auction saleRights of parties	815

Sufficiency of consideration for contractRatification of con tract 810 Completion of contract negotiated through the mails	816

Bond for title 812 Option contracts	817

Construction of land contractsForfeitures	818

Construction of land contractsParticular cases	819

Defects in title and deficiencies in quantity	821

Action for purchase money 817 Defenses to action for purchase money 818 Retention of title to secure purchase money	823

Vendors lienCreationPriority	824

Vendors lienLoss or waiver 821 Vendors lienLoss by agreement to take stock in corporation for purchase price	825

Action to enforce vendors lienParties pleading and practice	826

Action to enforce vendors lienDefenses	827

Waste by life tenantCutting of timber by a tenant by the curtesyRight of tenant of particular estate to cut timber	828

Right to natural flow of waterWhat constitutes a water	829

course Subterranean waters 827 Mill dams and water rightsMiscellaneous notes	830

Revocation of wills	831

Agreements to devise realty	832

Conditions in restraint of alienation or marriage 831 Right to maintain action to construe will	833

Construction of willsRules forGeneral principles	835

Devise to heirs at law in equal sharesPer stirpes or per capita	836

Devise to a classDeath of some of class before testator	838

Devise over in case of death without issue 836 Devise over in case of death without issueDevise for life with power of disposal	841

Bequest to an orphan aslyum in a city 838 Construction of willsEstate devised	845

Construction of willsParticular wills	846

Devise in lieu of marital rightsElectionStatutes construed 841 Powers contained in wills	848

Miscellaneous notes	849

Derechos de autor

Otras ediciones - Ver todas

Law of Real Property: Being a Complete Compendium of Real Estate ..., Volumen1
Emerson Etheridge Ballard,Tilghman Ethan Ballard
Sin vista previa disponible - 2015

Law of Real Property: Being a Complete Compendium of Real Estate Law ...
Emerson Etheridge Ballard,Tilghman Ethan Ballard
Sin vista previa disponible - 2023

Law of Real Property: Being a Complete Compendium of Real Estate ..., Volumen1
Emerson Etheridge Ballard,Tilghman Ethan Ballard
Sin vista previa disponible - 2018

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Términos y frases comunes

acquired adverse possession agreement Ass'n assignment authority building City claim compensation condemn constitutes construction Construing and applying contract conveyance conveyed corporation court of equity court say covenant creditors damages debt decree deed defendant devise easement eminent domain entitled equity erection estopped estoppel execution fact fee simple foreclosure fraud gage grantee grantor heirs held homestead husband incumbrance injury interest judgment land landlord Law Rep lease lessee liable lien Mass ment Minn mort mortgage mortgagor N. E. Rep N. J. Eq notice owner parties payment person plaintiff premises proceedings providing purchaser purpose quiet title quitclaim deed railroad company real estate realty recover remainderman rent rule rule in Shelley's Stat statute street subrogation subsequent taking taxes tenant thereof tion trust vendee vested void Wash wife

Pasajes populares

Página 213 - By public policy is intended that principle of the law which holds that no subject can lawfully do that which has a tendency to be injurious to the public or against the public good...‎

Aparece en 271 libros desde 1846-2006

Página 92 - It extends," says another eminent judge, "to the protection of the lives, limbs, health, comfort and quiet of all persons, and the protection of all property within the state; . . and persons and property are subjected to all kinds of restraints and burdens in order to secure the general comfort, health and prosperity of the state. Of the perfect right of the legislature to do this no question ever was, or, upon acknowledged general principles, ever can be made, so far as natural persons are concerned.‎

Aparece en 172 libros desde 1847-2008

Página 93 - Beyond this, however, the state may interfere wherever the public interests demand it, and in this particular a large discretion is necessarily vested in the legislature to determine, not only what the interests of the public require, but what measures are necessary for the protection of such interests.‎

Aparece en 151 libros desde 1870-2006

Página 196 - ... until full compensation therefor be first made In money, or ascertained and paid into the court for the owner. Irrespective of any benefit from any Improvement proposed by such corporation...‎

Aparece en 281 libros desde 1846-2007

Página 611 - ... void as against any subsequent purchaser, in good faith and for a valuable consideration of the same real estate, or any portion thereof, whose conveyance shall be first duly recorded.‎

Aparece en 210 libros desde 1829-2003

Página 179 - Private property shall not be taken or damaged for public use without just compensation having been first made to, or paid into court for, the owner...‎

Aparece en 287 libros desde 1846-2007

Página 84 - Every one is responsible, not only for the result of his willful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself.‎

Aparece en 244 libros desde 1865-2005

Página 632 - Where a grant for a valuable consideration shall be made' to one person, and the consideration therefor shall be paid by another, no use or trust shall result in favor of the person by whom such payment shall be made; but the title shall vest in the person named as the alienee in such conveyance, subject only to the provisions of the next section.‎

Aparece en 158 libros desde 1803-1999

Página 675 - Into such an agreement, it is not an abuse of discretion for the trial court to refuse to...‎

Aparece en 97 libros desde 1861-2007

Página 611 - Every such conveyance not so recorded is void as against any subsequent purchaser in good faith and for a valuable consideration, from the same vendor, his heirs or devisees, of the same real property or any portion thereof, whose conveyance is first duly recorded.‎

Aparece en 135 libros desde 1838-1996

Información bibliográfica

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, Volumen10 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
Editor	Ballard Publishing Company, 1904

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