Law of Real Property: Being a Complete Compendium of Real Estate Law, Embracing All Current Case Law, Carefully Selected, Thoroughly Annotated and Accurately Epitomized, Հատոր 5

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Emerson E. Ballard, Tilghman Ethan Ballard
Ballard Publishing Company, 1899
 

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Statutory dedication of streetsOwnership of
25
Opening or widening roadsVacating streets ACKNOWLEDGMENTS 16 Necessity of acknowledgment and who may make
26
Who may take acknowledgments
27
Form and sufficiency of the certificate
28
Conclusiveness of the certificate
29
Proof by subscribing witness 22 Acknowledgments by married women ADVERSE POSSESSION 23 As to what constitutesGeneral principles
32
As to what constitutesParticular cases
33
Necessity of actual occupancy
34
Uncultivated lands held under conflicting patentsSufficiency of possession
35
Extent of possessionUnder deeds
36
Proof of adverse possessionSufficiency of 29 Title byElements necessary
37
Title byAs to necessity of good faith on the part of the claimant
39
Title byGood faithTacking possessions
42
Title byPayment of taxesTime necessary
43
Title byEasements Burial lotsMunicipalities 34 Color of titleAs to what isNecessity
44
Adverse possession of highway
46
CotenantsLife tenants and remaindermenVendor and vendee 37 Landlord and tenantParental and filial relations
47
ALIENS
48
ASSIGNMENTS FOR CREDITORS 39 Constitutionality of insolvency laws
49
What constitutesExecution 41 Presumption of acceptance by creditorsFiling notices of assign ment
50
Exempt property
51
Preference of creditors 44 Assignment as a conveyance of real estate in other states 45 Setting aside previous conveyances of insolvent
53
Miscellaneous notes
54
Miscellaneous notesConstruction of statutes BONA FIDE PURCHASER
55
As to what constitutesGeneral principles 49 As to what constitutesParticular cases 50 Purging equitiesKnowledge to put one on inquiry
56
AgreementsFences PresumptionsSurveys
57
Adverse possessionLappage of constructive possessions 53 Meander lines not considered as boundaries
59
Highwater mark as a boundary 55 Streets and ways as boundaries
60
Monuments control courses and distances
61
Title to cemetery lotRights of one using
62
CHARITABLE USES 58 Conveyances forDefiniteness required
64
Conveyances forValidity ofPerpetuities
65
Conveyances for Cancellation of 61 Mortmain statutesWhen in force 62 Eleemosynary purposesWhat
67
Preventing diversionParties and remedies 64 Change of creedRights to property
68
COMMUNITY PROPERTY
76
Relief from fraudElection of remediesSufficiency of procf
78
6569 Recent construction of and amendments and changes made in the statutes of the several states and territories since the compilation on this subjec...
79
Construction of contracts
81
Time as the essence of the contract 73 Breach of land contractMeasure of damages
82
Breach of land contractLiquidated damages
83
Fraud Representations as to amount quality or value 76 FraudStatements of opinion or intention
84
Innocent misrepresentationsConcealment of facts
85
Contracts champertous and in restraint of trade 81 Rescission ofAs to what is a disaffirmance
87
As to the right of rescissionParticular cases
88
Rescission ofPlacing parties in statu
89
Limitations upon corporate holding of land and making of con tracts
90
SameForeign corporations 86 Deeds and mortgages byPower to makeManner of execution
91
Ultra vires 88 MunicipalitiesRights of lessee of market stall 89 Municipalities and officersLiability for wrongs and assessments
93
MunicipalitiesLeasing of public property and public rights
94
Legislative power to authorize cities to divert public property to the use of railroadsConstruction of statutes
95
Personal covenants 94 Covenants running with the land
97
Covenants in conveyance by life tenant and reversioner 96 Covenants of warranty
98
Covenants against incumbrances
99
Breach of covenants 99 Breach of covenantsEviction 100 Measure of damages for breach of covenants
100
Breach of covenant of seisin 102 Measure of damages for breach of covenant of seisin
101
Miscellaneous notes CROPS AND EMBLEMENTS 104 Title to growing crops
102
Miscellaneous cases
103
CURTESY AND DOWER
104
Statement of case reported Power of courts of equity to aid cred itors 107 Power of court of equity to sell a widows unassigned right of dower to pay...
106
Subjecting unassigned dower to the payment of debts
108
Widows estate in unassigned dowerConveyances
112
Curtesy of husband 111 Widows right of dowerLands in which it may be claimed
113
Dower in lands exchangedConstruction of statute 113 Release of dower
114
Jointure
115
Assignment of dower
116
Miscellaneous notes DANGEROUS PREMISES 117 Liability of owner when innocent
117
Liability of owner to those rightfully using
118
Implied invitations upon
119
Fall of buildingsLiability therefor
121
Contributory negligence
122
Liability of municipalities and officers DEDICATION
123
As to what constitutesGeneral principles
124
As to what constitutesParticular cases 126 As to what constitutes Maps and plats
125
Maps and plats not legally executed
126
Acceptance necessary 129 Revocation of a dedication of a platted street 130 Dedication of public parks
128
Nonuser of dedicated landsAs to when the public may be estopped from claiming the benefit of the dedication
129
As to what constitutes a conveyance
130
Failure of consideration 134 Alterations and filling blanks
131
Witnesses 136 Grantor and grantee
132
Delivery of deeds
133
Delivery as a part of the execution of a deed 139 Date of delivery and taking effect of deed
134
Delivery by recording
135
Delivery to third persons 142 Delivery to third persons to be delivered after grantors death
136
Delivery in escrow 144 Presumption of delivery from grantees possession of deed
139
Surrender and cancellation of deeds 146 Construction of deeds
140
Construction of particular deeds 148 Recitals in deeds
142
Restrictions upon alienation 150 Restrictions as to use of property
143
Restriction against using property for saloon purposes
144
Restrictions as to the erection of buildings
145
Reservations in deeds
147
Cancellation of deeds for mistake
148
Cancellation of deed on account of grantors mental incapacity 156 Cancellation of deed for fraud 157 Cancellation of deed for fraudReturn of consi...
149
Cancellation of deed for undue influence 159 Concellation of deed for fraud and undue influenceFiduciary rela tionsBurden of proof
150
Quitclaim deedsBona fide purchaserPrior equities
152
Miscellaneous notes
153
162179 Form of deedsRecent constructions of and amendments made in the statutes of the several states and territories since the compil ations on this...
154
Miscellaneous definitions
158
Statement of case reported 182 Descent to next of kin Property acquired from ancestorBlood of ancestorStatute construed
160
SameCases reviewed
161
Descent of Indian lands 185 Descent of lands acquired by giftStatute construed
164
Per capita or per stirpes
165
Adopted children 188 Rights of child adopted in one state to inherit lands in another state
167
Bastards
168
Descent to surviving husband 191 Descent to surviving wifeStatutes construed
169
Conveyance by widow remarryingStatute construed
170
Widows quarantine
171
Advancements 195 Rights of creditors as against heirs
172
Miscellaneous notesStatutes construed
173
DESCRIPTION OF REAL ESTATE 197 Sufficiency ofGeneral principles
174
Sufficiency of particular descriptions
175
Construction of descriptions 200 Evidence to aid construction
176
Creation of by prescription
177
Creation of a highway by adverse useConstruction of statutes Creation of municipality
178
Creation by grant
179
Construction of grants of easements
180
Way of necessityImplied grand of 206 Abandonment or vacation of an easement
181
Washing away quicksand by a city sewer
183
Light and air EJECTMENT 211 As to when the action will
184
Sufficiency of the complaint
185
Defenses in ejectmentParticular cases
186
Equitable defenses Vendee in possession under written contract
187
AnswerEquitable defensesInconsistent defenses 216 Practice in ejectmentParticular cases
188
ProofPlaintiffs titleDefendants possession
189
ProofPossessory title
190
Judgments in ejectment 220 Attorneys fees in actions of ejectment against a railway company Constitutional lawClass legislation
191
EMINENT DOMAIN
192
SameAs to what is a public use and how determined
194
Defect of parties waived
198
Condemnation in order to continue a use after expiration of license
199
Sufficiency of evidence on which to assess damages
201
What is a public usePower of legislature to decide 228 Constitutional lawLegislative power 229 Constitutional lawCreating Park Systems
203
As to the right of eminent domain
204
Police power distinguished from eminent domain 232 Taking property without due process of lawAssessments for im
205
As to what may be takenRailroad lands
206
Additional servitudeStreet railwaysSewers
207
As to what is a taking
208
Compensation must precede the taking 237 Manner of determining amount of compensationDue process of
209
PracticeGeneral principles
210
Particular casesConstruction of statutes
211
Irregularities may be waived 241 Deposit of moneyEquitable rights
212
Practice where ownership may be in dispute 243 Measure of damagesGeneral principles
213
Market value as a test
214
Measure of damagesParticular cases
215
Measure of damages Construction of statutes 247 Measure of damages ImprovementsBenefits
216
Abutting owners rights as against a corporate easement 249 Condemnation for natural gas pipe lineElements of damages
218
SubrogationGeneral principles
219
SubrogationInsurer of titles 252 SubrogationHolder of invalid securities
220
Statement of case reported
221
Constitutional lawStatute authorizing condemnation of land
222
Equitable control of the rights of creditors Marshaling securities 256 Relief from mistakesGeneral principles
223
Relief from mistakesParticular cases
224
Relief from mistakes negligently made 259 Relief from mistakes as to quantity of land
225
Relief from mistakes of
226
Equitable conversionParticular cases 262 Equitable conversion Devise or grant with direction to sell
227
Relief from forfeiture imposed by a condition precedent 264 Doing equity
230
ESTATES
231
Statement of case reported 267 Right to reenter for breach of condition subsequentNot a devis able estateOnly a grantors heirs can exercise after his d...
233
SameAuthorities collated and reviewed
235
Condition subsequentRunning with the land
239
27Conveyance and devise of reverter or right to reenter for breach of condition
240
Forfeiture of estatesConfiscation by act of congress
241
Fee simple estate 273 Creation of fee simple estateStatutes construed
244
Estates tail 275 Estates tailConversion into other estates
246
Shelleys case
247
Creation of life estates
248
Conveyance of life estate 279 Conveyance of life estateRights of grantee assuming incumbrance 280 Rights of life tenant and remainderman
251
Liability of life tenant for taxes interest and repairs
252
Future estates 283 Expectant estatesConveyances
253
Limitations over
254
Remainders 286 Vested and contingent remainders
255
Creation of vested remaindersParticular cases 288 Vesting of estates 289 Condition subsequentBreach
257
Condition subsequentConveyance in consideration of support
258
Perpetuities 292 Merger
261
Title by estoppelAfteracquired title
262
Recitals in deeds
263
Estoppel in paisGeneral principles
264
Estoppel in paisAccepting benefits 298 Silence when one should speak
265
Estoppels in pais Particular cases
266
Estoppels as applied to the publicBoundaries 301 Vendee estopped to dispute title of vendor
267
Estoppel as a rule of evidence
268
Altered deedsAdmissibilityValidity 304 Parol evidenceNegotiationsCollateral contracts
269
Parol evidence to show true consideration
270
Parol evidenceParticular cases
271
Declarations affecting realty interests
272
Admissibility of opinionsProof of values
273
Documents and recordsWhat admissible
274
DocumentsAuthenticityExemplification 311 Nonexistence of an instrument of record
275
Proof of title
276
Competency of witnesses 314 Corporate actionCorporate existence
277
EXECUTION SALES 315 As to what real estate may be sold on execution
278
Exemption of property from execution saleInsurance money
279
Issue levy and return of execution
280
Notice of sale 319 Sales in parcels or in solido 320 Certificate of purchaseSheriffs deed
282
Sale under junior judgment Right to proceedsPurchasers title 322 Title rights and liabilities of purchaser
283
Purchasers rights upon failure of title 324 Validity of salesSetting aside
285
Miscellaneous notes
286
EXECUTORS AND ADMINISTRATORS SECTIONS 326 Power of executors and administrators 327 Rights as to possession and rents of decedents r...
287
Sale to pay debts 329 Sale to pay debtsPractice
289
Sale to pay debtsParties
290
Notice of sale
291
Title and rights of purchaser at an administrators sale 333 Validity of salesSetting aside
292
Collateral attack upon sales 335 Purchase by executor or administrator at his own sale
293
As to what constitutes partnership real estateWhen treated as personalty
294
Miscellaneous notes FENCES 337 Partition fences
295
Fencing railroadsStatutes construed 339 Farm crossings over railroads
296
Miscellaneous notes
297
As to what constitutes a fixture
298
Right of tenant to remove fixtures
299
FORCIBLE ENTRY AND DETAINER 343 As to what constitutes forcible entry and detainer
300
Who may maintain the action
301
PracticeStatutes construed
303
FRAUDULENT CONVEYANCES 346 As to what constitutes a fraudulent conveyance
305
As to what constitutes insolvency
306
Trust deeds 349 Conveyances between near relatives
307
Marriage settlementsDeeds of husband to wife 351 Deeds of husband to wifeBurden of proof 352 Conveyance of land bought with wifes money
309
Voluntary conveyances
310
Gift by insolvent debtorSubsequent creditors
311
Preference of creditorsConstitutionality of statute
313
Taking mortgage upon property in excess of the amount of the debt
314
Taking mortgage to secure preexisting debt or in discharge of prior liens
315
Sale and conveyance of exempted realty 359 Conveyances in fraud of marital rights
316
Setting asidePartiesPleading
317
As to who is creditor 362 Setting asidePractice and remedies
318
petency of witnesses
319
Exhausting legal remedies
320
Removal of fraudulent conveyances as obstructions to an execution sale of land 366 Setting asideProof necessary
321
Badges of fraud 368 Setting asideBurden of proof
323
Fraudulent conveyances binding on the parties 370 Equitable relief to the grantee
324
Who may claim a homestead
325
In what lands a homestead may be claimed
326
Occupancy and use necessaryContiguous parcels 374 Amount of land claimedRural and urban homesteads
328
Selection and allotment of homestead
329
Sale or exchange of homesteadExemption of proceeds 377 Exemption of homestead from debts
330
Debts for which a homestead is liable
331
Rights of surviving husband wife and children
332
Abandonment loss or waiver of homestead
334
Conveyance and incumbrance of homestead 382 Conveyance and incumbrance of homesteadNecessity of joint conveyance of husband and wife
336
Conveyance of homestead between husband and wife 384 Miscellaneous notes
338
HUSBAND AND WIFE 385 Antenuptial contracts
339
Deeds of separation
340
Conveyances between husband and wife
341
Deed to husband and wifeEstate conveyed 389 Estates by entireties
342
Inchoate interests
343
Effect of divorce on real property rights
344
Divorce proceedingsAlimony 393 Miscellaneous notes
345
Occupying claimants 395 Improvements by purchasers and mortgagees
346
Improvements by tenants
347
Improvements by cotenants 398 Miscellaneous dotes INFANTS AND INSANE PERSONS 399 Validity of deeds of infants and insane persons
351
Judicial sale of infants lands
352
Rescission by infant or insane personReturn of consideration
353
Statement of case reported 403 Insurance by life tenantRight to proceeds
355
Sole ownership of propertyConstruction of forfeitures 405 Ownership in feeInsurable interest
359
Change of ownershipLiens and incumbrances 407 Change of useIncrease of hazard
360
Vacant and unoccupied building 409 Condition against subsequent insuranceInvalidity of subsequent policy
361
Waiver of conditions of forfeiture
363
Insurance by mortgagee
365
Mortgagee clause and construction thereof
366
Electing to repairLiability of insurer IRRIGATION 414 Constitutionality of irrigation statutesLegislative control
367
AppropriationWhat constitutesAbandonment
368
Rights of appropriators of waterPriority
369
Methods of taking waterPumping
370
Conveyance of water rights
371
Appropriation of watersStatutes of Idaho construed 420 Construction of statutes
372
Actions and adjudications concerning water rightsJudgment Power of court
373
Water rights on public lands
374
Miscellaneous notes
375
JUDICIAL SALES 424 Appraisement 425 Confirmation and conveyance
376
Title and rights of purchaser
377
Purchasers liability upon failure to complete his purchase 428 Control by courtSetting aside 429 Agreement to set asideValidity
378
Setting aside sales for inadequacy of price
379
Guardians salesPractice 432 Guardians salesDescription of land in petition
380
Validity of guardians salesSetting asideCollateral attack
382
Miscellaneous notes
383
LANDLORD AND TENANT xists 435 As to when the relation of landlord and tenant
384
Estoppel to deny title
385
Forfeiture 438 Tenancy at sufferance 439 Tenancy from year to year
386
Holding over
387
Notice to quit 442 Attornment by tenant
388
Surrender
389
Surrender by operation of law 445 Wrongful eviction by landlord
390
Farming on the sharesTitle to crops
391
Landlords lien 448 Landlords lienLiability of vendee of crops 449 Agricultural lien for advancements
394
Rents 451 Actions to recover rents
396
Destruction of property which lessee has an option to purchase Right to insurance 464 Miscellaneous notes
406
LICENSE SECTIONS 465 Revocation of licenseImprovements
407
Title of licensee under revocable license
408
Judgment lien Estate to which it attaches
409
Judgment lienAs to when it attachesRevivorIndexes
410
Judgment liensPriority of liens
411
Extent of judgment liens 471 Attachment liensLoss or waiver of liens
413
Equitable liens and enforcement 473 Lis pendens statutes applied and construed
414
Pendente lite purchasers
416
MARRIED WOMEN 475 Contracts and conveyancesDisaffirmance 476 Liability for debts
417
Estoppels applied to married women
418
Equities of married women as against creditors of the husband 479508 Separate real estateRecent constructions of and amendments and changes mad...
419
MECHANICS LIENS 509 The lien of statutory creationEffect of repeal or change of statute upon the right and procedure to enforce
426
Estate to which lien may attach and extent of property covered
429
Kind of labor or material for which a lien may be claimed
430
Labor on mining claimStatutes construed 513 Improvements by a vendee
433
Improvements by lessee husband and others not owners
434
Public buildingsPublic bridgesBond of contractor
436
Joint lien on several lots or buildings
438
Priority of mechanics liens 518 Priority of mechanics liensStatutes construed
440
Statutes confining other prior liens to the landDetermining value
442
Subcontractors and material men 521 Subcontractors and material menHow far rights are affected by the principal contractors contract
445
Subcontractors and material menStatutes construed 523 Loss or waiver of lien 524 Assignment for lien
449
Filing and recording building contractStatutes construed
451
Filing of lien statement
453
Filing of lien statement by subcontractors and material men 528 Lien statementTime for filing
454
an elevator
455
Lien statementAllegation as to ownership of the property 530 Lien statementDescription of premises
456
Lien statementStatement of the contract and account 532 Lien statementMistakes and inaccuracies
459
Lien statementEffect of including nonlienable items 534 Lien statementVerification 535 Enforcement of lienComplaint
461
Enforcement of lienParties
462
Enforcement of lienDefenses
463
Enforcement of lienStatute of limitations
464
Enforcement of lien Personal judgment
465
Enforcement of lienAttorneys fees
466
Enforcement of lienEvidencePresumptionsVariances 543 Enforcement of lienMarshaling securitiesRights of holder of mortgage
467
Enforcement of lienMiscellaneous notes
468
Miscellaneous notes 546 Miscellaneous notesConstruction of statutes
470
MINES
471
Constitutionality of statutes regulating mining operations 548 Mining partnerships
473
Mining leases 550 Oil and gas leasePower of court of equity to compel operations underConstruction
474
Oil and gas leaseConstruction of stipulations as to default 552 Rights of life tenants
477
Separate ownership of surface estate and mineral estateTrust relations
479
Miscellaneous notes MORTGAGES 555 What constitutes a mortgageValidity
481
Personal liability of mortgagor for debt not necessary
482
Equitable mortgages 558 Construction of mortgages
483
Title and right to possession
484
After acquired property 561 Mortgage to secure advances
485
Deeds construed as mortgages
486
Action to declare deed a mortgageSufficiency of proof 564 Priority of mortgages
488
Purchase money mortgagePriority
489
Assumption of mortgages
490
Assumption of mortgageSurety relation of mortgagorExtensions Depreciation of property 569 Assignment of mortgages
493
Recording assignmentPayment to mortgagee after assignment
494
Payment release and satisfaction
496
Authority to receive paymentAgents
498
Release by mistake or without authority
499
Penalty for failure to enter satisfactionStatutes construed 575 Strict foreclosure 576 Breach authorizing foreclosure
500
Mortgage to secure agreement to support mortgageePlace of per formanceBreach
501
Foreclosure proceedingsGeneral principlesPractice 579 Complaint in foreclosure prodeedings
504
Parties to foreclosure proceedings 581 Parties to foreclosure proceedingsGrantees and other lienholders Trustee in trust deed
505
Defenses to foreclosure proceedings
507
Usury as a defense to foreclosure proceedings
508
Allowance of attorneys fees in foreclosure proceedings 588 Appointment of receiver in foreclosure proceedings
512
Counterclaims and crossbills in foreclosure proceedings 590 Adjudication of adverse claims of third parties in foreclosure pro ceedings
513
Foreclosure against deceased mortgagorFiling claim against estate
514
Rights of prior incumbrancers
515
Rights of junior incumbrancers
516
Marshaling securities 595 Sale under decree of foreclosure
517
Notice of foreclosure sale Postponement
518
Application of proceeds of foreclosure sale
519
Foreclosure salesValidityEnjoining and setting aside
520
Title rights and liabilities of purchaser at foreclosure sale
522
Foreclosure by advertisement
523
Power of sale
525
Sale under powerNoticeValiditySetting aside
526
Sale under powerPurchase by mortgagee
527
Deeds of trusts to secure debts 605 Sale under deed of trustValiditySetting aside 606 Indemnity mortgages
529
Mortgage to secure several notesForeclosurePriority 608 Building and loan association mortgages
531
Building and loan association mortgagesForeign associations 610 Building and loan association mortgagesDetermining amount due Method of comp...
532
Miscellaneous notes
533
Instruments not entitled to record
534
Knowledge sufficient to put one on inquiry
535
Possession as notice of unrecorded deed
536
Sufficiency of notice of sale by publication NUISANCE 616 As to what constitutes a nuisance
537
Remedies and proceedings
538
Legislative and municipal power
539
As to acquiring right to maintain nuisance by prescription
540
Statement of case reported 621 PartitionSurface to one and minerals to anotherPayment of owelty
541
Retroactive legislation
543
PARTY WALLS 634 As to what constitutes a party wall 635 Party walls by prescription
552
Contracts concerning party walls
553
Rebuilding party walls 638 Miscellaneous notes
554
PLATS AND SURVEYS 639 Miscellaneous notes
555
As to what is peaceable possessionQuieting title 641 Possession as notice
556
Presumption as to knowledge of title
557
POWER OF ATTORNEY
558
Authority conferred by and conveyances under 644651 Recent constructions and amendments of statutory provisions of the several states and territo...
559
PUBLIC LANDS 652 Conclusiveness of decisions of the state courts and land department
560
School landsMiscellaneous notes
561
Mining claimsLocation and relocation 655 Mining claimsBy whom and where location may be made
562
Mining claimsMarking locationSurvey
563
Mining claimsConflicting locationsAdversary proceedings
564
Mining lands Miscellaneous notes
565
Tide landsMiscellaneous notes
566
Town site landsConclusiveness of decisions of town site trustees 661 Grants to railroadsMiscellaneous notes
568
Conflicting grants to railroadsSelection of deficiency
569
PreemptionHomestead 664 Preemptors possession not adverse 665 Mortgage of homestead landsLiability for debts
571
Timber culture claims
572
PatentsPresumptionsPrioritiesCancellation
573
Construction of local statutes
574
Miscellaneous notes
575
QUIETING TITLE 670 As to when the action will
576
As to when possession of plaintiff is necessary
577
JurisdictionWaiver by parties 679 JurisdictionTitle involvedHow determined 680 JurisdictionAs to when title is involved
583
JurisdictionState and federal courts 682 JurisdictionLaw of place
584
Jurisdiction of particular courts
585
JurisdictionCounty where action should be brought 685 JurisdictionLand in another state 686 JurisdictionNonresident partiesLands affected
586
JurisdictionInjunction to prevent suit in another state
587
Jurisdiction of partiesNotice by publication
588
Notice by publicationAs to what is a newspaper
589
JurisdictionLegal and equitable
590
JurisdictionEquity will retain when 692 Former adjudicationGeneral principles
591
Former adjudicationDecrees in probate proceedings 694 Former adjudicationBinds only parties and privies
592
Former adjudicationChanges in construction of statutes 696 Former adjudicationParticular cases
593
Demand and tender before suit 698 Demand and tender in an action for breach of real contracts
595
Keeping a tender goodAs to what
596
InjunctionsGeneral principles 701 InjunctionsPracticePreliminary injunctions
597
InjunctionsBalancing of injuries
598
Causes for which injunctions may be granted
599
As to when injunctions will not be granted
600
Mandatory injunctions 706 Enjoining the removal of minerals 707 Enjoining trespassThe rule in Florida
601
Appointment of receiversPractice
602
Receivers in foreclosure proceedings
603
Suits affecting lands in hands of receivers 711 Sale of lands in hands of receiver 712 Receivers in proceedings supplementary
604
Parties plaintiff
605
Parties defendant 715 Commencement of suitSufficiency of complaint
606
Sufficiency of answer
607
CounterclaimsCross complaints 718 PleadingMiscellaneous notes
608
Amendments 720 NonsuitsStriking out pleadings
609
Relief which may be granted 722 New trial of rightWaiver of jury trial
610
CostsAdditional allowances in condemnation proceedings 724 JudgmentsWhen void or voidable
611
JudgmentsCollateral attack
612
JudgmentEstoppel by 727 JudgmentsMiscellaneous notes
613
AppealsAs to the right
614
AppealsInteriocutory ordersFinal orders 730 AppealsConstruction of statutes
615
AppealsPracticeMiscellaneous notes
616
REAL ESTATE AGENT 732 Authority of real estate agentRevocation
617
Liability of principal for agents contracts
618
Acts of agent after revocation of authority 735 Trust relation of agentActs must be consistent
619
As to when commission is earned due and payable 737 Rights to commission on sale consummated by anotherFraudulent sale
620
Double commission 739 Miscellaneous notes
622
As to who may have partition
623
Partition between life tenants and remainder
624
Practice in actions for partition
625
Parties to actions for partition
626
Allowance for attorneys fees
627
Improvements by cotenantsAllotment to party making
628
Trial of title in partition
629
Partition sales
630
The right to redeem and who may exercise it 762 Redemption by judgment creditors
632
Miscellaneous notes
635
As to when equity will reform instruments
636
As to when the mistake must be mutual 768 Reformation of mortgages
637
Reformation of conveyance by married woman
638
Rescission instead of reformation
639
Who may maintain an action for reformation 772 ComplaintProof necessary
640
RESULTING TRUSTS 773 Implied trustsMatters ex post facto
642
Does not arise out of an oral agreement or inadequacy of consider ation
643
Trusts arising from payment of purchase money
644
Payment of purchase moneyTrust in favor of wife
645
Trust in favor of wifeStatute construed
646
Trusts arising out of fraud
647
Particular casesSufficiency of proof
648
RIGHT OF WAY 780 Grants of right of wayConstruction of same
649
Condemnation proceedingsPractice
650
Condemnation proceedingsNotice 783 Condemnation proceedingsWaiver of rights by land owner
651
Abandonment or waiver by railroadRelocation of line 785 Recovery of damagesMeasure of damages
652
Negligent construction of road under lawful authorityPresent and prospective damages 787 Appeals in condemnation proceedings
653
Use of right of way by land ownerAdverse possession
654
Specific performanceEquitable rightLachesSubsequent pur chaser with notice
655
Highway and farm crossings
656
Railroad crossingsOther roadsStreet railways 792 Equitable power to prevent severance of operating railroad
657
RIPARIAN OWNERS
658
Facts stated 794 Nature of riparian rightsPower of state over
663
Constitutional lawPower of state to destroy riparian rights
665
Use of banks and waters of stream
669
Riparian rights upon nonnavigable lakes 798 Partition of water rights by courts of equity
670
Removing ice from mill pond 800 Accretion and alluvian
671
As to what is a cloud upon titleJurisdiction of equity to remove
672
Action by remainderman to quiet title
673
Complaint
674
Parties
675
PracticeMiscellaneous notes
676
Trespass to try title
677
STARTING FIRES 810 Negligent destruction of insured property by fireRights of parties
680
Contributory negligence
681
Liability of railroads for firesNegligence
682
Action for injuries by fireMeasure of damages
684
Action for injuries by fireComplaintParties 815 Action for injuries by fireEvidenceInstructions
685
Miscellaneous notes
687
STATUTE OF FRAUDS 817 As to what contracts are within the statute 818 SameStatutes construed and applied
688
Parol extension of time given in a written contract 820 Sufficiency of memorandaSeveral papers construed together
689
Parol gifts of real estate
690
Presumption of a giftIllegitimate child 823 Parol sales
691
Part performancePayment of consideration 825 Part performancePossession and improvements
692
Specific performance of oral contracts
693
Statute of limitations
694
Eminent domainRecovery of compensation by landowner 829 As to when the statute begins to
696
Time necessary to bar an action
697
Laches
699
Delay in bringing action for specific performance 834 LachesFiduciary relations
700
Laches Particular cases
701
As to enforcement of express trusts
702
Disabilities of parties 838 Set off and cross demands 839 Interruption or suspension of statute
703
Waiver of statuteRenewal of notePleadingConstruction of statute
705
SURFACE WATER 889 Upper and lower owners
731
Fighting surface waterErecting barriers 891 Construction of drainsEstoppel of land owners
732
Diversion of surface water by railroad
733
Liability of municipalities
734
TAXES AND TAX TITLES 894 Exemption from taxes 895 Exemption from taxesStatutes construed 896 Exemption from taxesSchool property Pro...
736
Exemption of agricultural lands from municipal taxes 898 Assessment of taxesStatutes construed
738
Assessment of taxesIn whose name assessment should be made
740
Assessment of taxesDescription of property
741
Assessment of taxesOmitted propertyErrors in valuation
742
Assessment of taxes 5Boards of equalization and review 903 Publication of delinquent lists
744
Lien for taxes
745
Lien of municipal or corporation taxesAssessments for improve
746
Discharge of tax lien by payment of the amount demanded by the collecting officerEnjoining sale upon tender of taxes
747
Tax sales
748
Who may purchase at a tax sale
750
Title and rights of a purchaser at a tax sale
751
Rights of a purchaser at an invalid tax sale 912 Tender and payment required of one recovering land from the holder of an invalid tax title
753
Irregularities which avoid or invalidate tax sales
755
Judgment in foreclosure proceedingsConclusivenessCollateral attack
756
Notice of expiration of time for redemption 917 Tax deeds
757
Tax deedsConclusiveness of as evidence of titleConstitutionality of statutes
759
o collect taxes 920 Judicial proceedings to confirm and enforce tax titles 921 Collection of taxes by sale of propertyStatute of limitations
762
Statute of limitations and tax titles
763
Miscellaneous notes
764
Construction of miscellaneous statutes
765
TENANTS IN COMMON SECTIONS 925 Creation of an estate in commonConveyance by cotenant 926 Trust relationsBuying in titles
766
OusterRents
768
Injury to property by cotenantInjunctions TITLE
769
Good and marketable titleVendee entitled to 930 Good titleDeed defectively witnessed
770
Sufficiency of a tax title
771
Prima facie proof of title 933 Slander of title
772
Contracts and conveyances concerning growing trees 935 Action for injuring or removing treesMeasure of damages
773
As to what constitutes a trespass on lands 937 As to who may maintain the action
774
PleadingSufficiency of complaint
775
Practice and proof
776
Measure of damages
777
Measure of damagesInadvertent or unintentional wrong
778
Creation of express trusts
779
Sufficiency of the writingConstruction of trusts 944 Execution of power after death of the donor 945 Statute of usesExecution of trust
782
Passive trustsAs to when the title vests in the beneficiary 947 Spendthrifts trusts 948 Enforcement and perpetuation of trusts
786
Power of court to order sale and reinvestment
787
Trustees dealings with trust estates 951 Termination and revocation of trusts
789
VENDOR AND VENDEE
790
Statement of case reported 953 Vendors lienHistory of the doctrine
792
Vendors lienStatus of the doctrine in the United States
795
Land contractsConstructionForfeiture 956 Land contractsDeficiency in quantity soldDefective title
798
Assignment and assumption of ſiens and rights 958 Rescission of land contractsRecovery of damages for fraud
800
Equitable lien of the vendee upon rescission of contracts 960 Purchase moneyAction for may be based on grantees acceptance of the deed
801
Enforcement of the payment of purchase money by foreclosure of land contract
803
Defenses to actions for purchase money
804
Vendors lienCreation and extentWho may enforce
805
Vendors lien against a married woman 965 Vendors lienRights of subsequent purchaser 966 Vendors lienLoss release waiver and satisfaction
806
Enforcement of vendors lienPractice
807
WASTE SECTIONS 968 Miscellaneous notes
808
Statement of case reported 970 Percolating watersRemoval of water from a spring
810
Pertaining to dams
813
Pollution and diversion of flowing watersInjunction to prevent 973 Draining cemeteries
814
Subterranean waters
815
As to the validity of devises of real estate 976 Killing of the testator by the deviseeValidity of the deviseRight of inheritance
816
Acceptance necessaryAfter acquired realty 978 Agreements to devise realty
818
Agreements to deviseResulting trusts 980 Construction of willsRules
819
ConstructionChildren heirs issue
820
Construction of deviseCreation of a defeasible fee 983 Construction of particular wills
821
Devises and bequests in lieu of dower
822
Conditions in restraint of marriage 986 Miscellaneous notes on willls
824
Enforcement of implied trustsStaleness of demand
832

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Common terms and phrases

Սիրված հատվածներ

Էջ 566 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Էջ 183 - Each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations...
Էջ 77 - May 19, 1889, the husband, or his heirs or assigns, of such married woman, shall be barred from commencing or maintaining any action to show that said real property was community property, or to recover .said real property, as follows: As to conveyances...
Էջ 688 - No action shall be brought to charge any person upon any contract for the sale of lands, tenements or hereditaments, or any interest in or concerning them, for a longer term than one year, unless such contract, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized in writing, signed by such party.
Էջ 689 - An agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or a commission; 6.
Էջ 784 - ... to all intents, constructions and purposes in the law, of and in such like estates, as they had or shall have in use, trust or confidence of or in the same...
Էջ 133 - Know all men by these presents, that I, John McLoughlin, of Fort Vancouver, in the Territory of Oregon, for and in consideration of the sum of one dollar, to me in hand paid by...
Էջ 239 - To have and to hold the above granted, bargained, and described premises, with the appurtenances, unto the said party of the second part, his heirs and assigns, to his and their own proper use, benefit, and behoof for ever.
Էջ 559 - On this - day of - , in the year - , before me [here insert the name and quality of the officer], personally appeared — — , known to me [or proved to me on the oath of - ] to be the president [or the secretary] of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same.
Էջ 558 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present...

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