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 9

Գրքի շապիկի երեսը
Emerson E. Ballard, Tilghman Ethan Ballard
Ballard Publishing Company, 1903
 

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Assessments against abutting owners for municipal improvements Property subject toRailroad right of way 15 Assessments against abutting owners fo...
12
EJECTMENT
13
Necessity of acknowledgment
14
Who may take acknowledgments 19 Who may take acknowledgment of instruments executed to cor porations 20 Form and sufficiency of certificate...
15
Conclusiveness of certificate 22 Married womans certificate
16
ADVERSE POSSESSION SECTIONS 23 As to what constitutes adverse possessionGeneral principles
17
As to what constitutes adverse possessionNecessity of resi dence or enclosureLands covered by water
18
As to what constitutes adverse possessionParticular cases
20
Proof of adverse possession 27 Color of titleNecessity of and what constitutes
21
Extent of possession 29 Title byWho may acquire
22
Title byCharacter of title acquired
23
Title byPayment of taxesStatutes construed 32 Title byTime necessary to confer 33 Interruption of adverse holding
24
Tacking of adverse holdings
26
Railroad right of
27
Public property 37 Adverse possession as between parties in privity
28
Vendor and vendee
29
Landlord and tenant 40 Tenants in commonAdverse holding of part of cemetery
30
Cancellation of deeds between persons occupying fiduciary rela tions
31
Conveyance of land in adverse possession of another 42 Miscellaneous notes
32
ASSIGNMENTS AND BANKRUPTCY 43 Title of assigneeUnexpired lease 44 Federal bankruptcyConveyance within four months of assign mentEff...
33
Miscellaneous notes Construction of statutes
34
BONA FIDE PURCHASERS 46 As to what constitutes a bona fide purchaserGeneral principles and particular cases
35
Agreements fixing
37
Agreement fixingEffect of subsequently ignoring the agreement 49 Establishing boundaries by acquiescence or adverse possession 50 Proceedings to...
39
CEMETERIES
43
Church propertyTitle to and control ofChange of creed
49
Locating lost corners
51
Highways as boundaries
52
CONTRACTS
57
Contracts and conveyancesFormal requisites
65
Contracts and conveyancesPresumption of authority from stock holdersWisconsin statute construed
66
Contracts and conveyancesEffect of want of notice of directors or stockholders meeting authorizing
67
Contracts and conveyancesMortgage to director constituting part of a necessary quorum
70
Ultra vires contracts 87 Ultra vires contractsForeclosure of mortgage by a municipal corporation taken by it to secure an illegal loan of its funds
72
Municipal corporationsPurchase of landsIncurring debt by in excess of statutory limit
73
Covenants by implication Statutes construed
75
Transfer of covenantSeisin or possession necessary
76
Transfer of covenantConveyance of equitable title 92 Personal covenants and covenants running with the land
78
Covenants of seisin and warranty 94 Covenants against incumbrances
79
Ownership of land by corporationsStatutory limitations
80
Breach of covenants JÓ Breach of covenantsEviction
81
Breach of covenantsWho may sue forPleading and practice
82
Breach of covenantsMeasure of damages
84
CROPS AND EMBLEMENTS 99 Title and right to growing cropsMeasure of damages for de struction
85
Replevin by part owner of crops 101 Mortgaging crops
86
CURTESY AND DOWER 102 Curtesy of husband
87
Right of dowerNature of estate
88
Lands subject to dowerStatutes construed
89
Release or loss of dower
90
Assignment of dower DANGEROUS PREMISES 107 Injuries to licensee
92
Liability of ownerGeneral principles
93
Liability of ownerFailure to light hallways and stairways 110 Liability of owner for injury to tenant or his family and servants
94
In Common hallwayLiability of one tenant to another for dangerous condition 112 Fall of buildings and other structures
96
Injuries to children
97
Defective sidewalks and streetsLiability of abutting owner or tenant 115 Defective sidewalks and streetsLiability of city
98
Negligent construction or maintenance of prisonLiability of city
100
Repairs as evidence of previous dangerous condition of premises
102
Dedication of land to public useGeneral principles
103
As to what constitutesParticular cases
104
As to what constitutesMaps and plats
105
Acceptance of dedicationNecessity of and what constitutes
107
Deeds and wills distinguished
108
Seal witnesses and stamping
110
Filling blanksInsertion of name of grantee
111
Alterations in deed
112
Consideration 128 Delivery of deedGeneral principles
113
Delivery of deedParticular cases
114
Delivery by recordingPresumptions 131Delivery to third person to be delivered after grantors death
115
Delivery in escrow
116
Acceptance of deed
117
Destruction surrender or redelivery of deed to grantor 135 Construction of deedsGeneral rules and principles 136 Construction of particular deeds
118
Recitals in deeds
119
Exceptions and reservations 1 39 Restrictions on alienation or
120
Restrictions as to erection of buildingsBuilding lines
121
Cancellation of deedGeneral principles 142 Cancellation of deedMental incapacity of grantor
123
Casting descent by imprisonment for lifeKansas statute con strued
130
Adopted childrenStatutes construed
132
Adopted child not a bodily heir
133
Half bloods 167 Bastards and children of slavesStatutes construed
134
Descent to surviving husband or wifeStatutes construed 169 Widows right of quarantine
136
Rights of creditors against heirs 171 Miscellaneous notesStatutes construed
137
DESCRIPTION OF REAL ESTATE 172 Sufficiency of descriptionGeneral principles
138
Sufficiency of descriptionParticular cases
139
Construction of descriptions
140
Cancellation of deedFraud undue influence or duress
143
Creation by grant or reservation
144
Creation by prescription 178 Creation by prescriptionDrains and water rights
146
Appurtenant or implied easement 180 Appurtenant or implied easementLessee of upstairs office
148
Way of necessity
150
Lateral support
151
Light and air 184 Rights of dominant and servient ownersChange of
152
Abandonment or extinguishment of easement
153
Change of private way to public
154
Statement of case reported 189 Liability for abuse of process in executing writ of possession
157
As to when the action will lie and who may maintain
159
Ejectment against railroad 192 Sufficiency of the complaint
160
Title necessary to maintainProof of title
161
Defenses admissible under general issueEquitable defenses Outstanding title
162
Defenses in ejectmentMiscellaneous notes
163
Recovery of damages by plaintiff
164
Evidence and instructions
165
Verdict and judgment in ejectmentSufficiency and effect of 199 Practice in ejectmentMiscellaneous notes
166
EMINENT DOMAIN 200 Constitutional right of eminent domainDestruction of property to prevent spread of disease
167
As to what constitutes a public
168
Appropriation of land for railroad branches and spur tracks
169
Appropriation of land for irrigation by company having both pub lic and private powers
172
As to what constitutes a takingInjury to property by erection of smallpox hospital 205 Condemnation of land already appropriated to a public
174
Additional servitude 207 Additional servitudeWater tanks and wells in street or highway
176
Compensation for property taken as a prerequisite to the taking 209 Proceedings to condemn landConstitutionality of statute failing to prescribe proc...
178
Proceedings to condemn landNecessity of notice
180
Proceedings to condemn landComplaint or petition
184
Proceedings to condemn landShowing necessity for condemna tionFailure to agree with owner
185
Proceedings to condemn landLeased premises 214Proceedings to condemn landJury trialView of premisesEvi denceInstructions
186
Miscellaneous notes
187
Proceedings to condemn landMiscellaneous notes 217 Proceedings to condemn landStatutes construed
189
Measure of damagesElements considered
192
Measure of damagesBenefits considered
193
Measure of damagesCondemnation of land for railroad right of
195
Measure of damages Taking of part of railroad right of way for telegraph line
196
Equitable relief from mistake of
198
SubrogationGeneral principles and particular cases 224 SubrogationOne furnishing money to discharge prior lien 225 SubrogationJunior lienholder ...
201
SubrogationGrantees to mortgagees 228 Equitable conversion
202
Separate ownership of lower and upper stories of buildingsRe pairs 230 Creation of fee simple estate
203
Estates tail
206
Rule in Shelleys case 233 Creation of life estate
207
Conveyance or incumbrance by life tenant
209
Rights and liabilities of life tenant and remainderman
211
Sale by court of lands held by life tenant and remaindermen
212
Conveyance of expectant estates
213
RemaindersGeneral principlesContingent and vested 240 Creation of estates upon conditionConditions subsequent 241 Creation of estates upon condi...
217
Remedy for breach of condition subsequent
218
Perpetuities
220
Merger 245 MergerConveyance taken by lienholder 246 Miscellaneous notes
222
Estoppel by deedGeneral principles and particular cases
223
Title by estoppelAfteracquired title
225
Estoppel in paisAccepting benefitsSilence
228
Estoppel in paisSilenceAcquiescence in forged deed
230
Estoppel as applied to the public
231
Admissibility of documents and deeds
233
Admissibility of ancient deeds 255 Photographic copies of deeds as evidence
235
Recitals in deed as evidence of pedigree
237
Admissibility of records and certified copiesStatutes construed
238
Parol evidenceConstruction of deeds
239
Parol evidenceContemporaneous and collateral agreements 260 Parol evidenceProof of consideration 261 Parol evidenceProof of covenant by grante...
241
Parol evidenceProof of contents of lost portion of a contract
244
Declarations affecting realty interests
245
Declarations concerning boundaries 205 udicial notice and presumptions
246
Presumption of death
247
Competency of witnessesStatutes construed
248
EXECUTION SALES 268 What real estate may be sold on execution 269 Property held in trust
249
Exemption of property from execution sale 271 Issue and return of execution
250
Levy of execution 273 Levy of attachment Particularity of description required 274 Mandate to compel sheriff to sellDistribution of proceedsNo tice ...
251
Certificate of sale and sheriffs deed 276 Title rights and liabilities of purchaser
253
Resale upon purchasers failure to comply with
254
Validity of salesSetting aside
255
Miscellaneous notes
256
EXECUTORS AND ADMINISTRATORS 280 Contracts and conveyances by executors and administrators
257
28i Sale and conveyance under power of sale in will
258
Rights as to possession
259
Suits by and against
260
Sales to pay debts
261
Sale of lands of decedent to pay costs of administration
262
Sales to pay debtsParties pleading and practice
263
Validity of salesSetting aside
264
Purchase by executor or administrator
265
Miscellaneous notes FENCES 290 Malicious erection of fenceMassachusetts statute construed 291 Fencing railroadsStatutes construed
266
Fencing railroadsFarní crossings cattle guards etc FIXTURES 293 What constitutes a fixtureTelephone posts and wires
269
What constitutes a fixture MachineryScales
271
Personal property attached to real estateEffect of contract re serving title or chattel mortgage on the personal property
272
Right to fixturesVendor and vendee 297 Right to fixturesMortgagor and mortgagee and purchaser at foreclosure sale
273
Right of tenant to remove fixtures
274
FORCIBLE ENTRY AND DETAINER 299 History of actionof statutory origin
275
What constitutes forcible entry and detainer 301 Who may maintain the action 302 Defenses and counter claims
277
PracticeStatutes construed
278
FRAUDULENT CONVEYANCES
280
Statement of case reported 305 Conveyance to defeat supposed claim never asserted Right of grantor to compel reconveyance 306 Conveyance to de...
281
What constitutes a fraudulent conveyance
285
Necessity of grantees knowledge of the fraud and effect 309 Conveyance of mortgaged property to mortgagee
286
Mortgage given to secure bona fide debtIncluding debt to an other with promise of mortgagee to
287
Reconveyance by fraudulent grantee to his grantor
288
Conveyances in fraud of martial rights 313 Conveyances between husband and wife
289
Conveyances between near relatives
291
Voluntary conveyances and conveyances for inadequate consid eration
292
Insolvency defined 317 Preference of creditors
293
Preferences by corporationsConveyances to its directors stock holders
294
Property exempt from execution
295
Force and effect of fraudulent conveyance between parties to it 322 Force and effect of fraudulent conveyance between parties to it Rights upon setti...
297
Rights of subsequent creditors 324 Setting asideWho may maintain the action
298
Setting asideRights of one having claim for damages for tort
299
Setting asideReducing claim to judgmentExhausting legal remedies 327 Setting asideComplaintParties
300
Setting asidePractice
301
Setting asideProof of fraudDeclarationsBadges of fraud
302
Setting asideBurden and sufficiency of proof
303
Attachment of property fraudulently conveyed HOMESTEAD 332 Who may claim a homestead as head of a family
304
In what lands a homestead may be claimedShifting from one tract to another
305
Occupancy and use necessary 335 Occupancy and use necessaryIntention to occupy as a home at some future time
307
Amount of land claimed 337 Selection allotment and declaration of homestead
311
Exemption of homestead from debts
312
Debts for which a homestead is liable 340 Debts for which a homestead is liableLien for services of at torney in defending
315
Conclusiveness of judgment denying right of homestead 342 Abandonment loss or waiver of homestead
316
Abandonment by removal
318
Conveyance and incumbrance of homestead 345 Conveyance and incunibrance of homesteadNecessity of joint conveyance of husband and wife
319
Rights of surviving husband wife or children
322
Rights of surviving childrenOccupancy by tenant of their guardian
324
HUSBAND AND WIFE
325
Antenuptial contracts 349 Antenuptial contractsFraud in procuring
326
Contracts and conveyances between husband and wife 351 Deeds of separation 352 Conveyances to husband and wifeEstates by entireties
327
Inchoate interests
328
Effect of divorce on real property rights IMPROVEMENTS 355 Occupying claimants
329
Improvements by grantees and mortgagees
331
Improvements by life tenant 358 Improvements by cotenantsRights upon partition
332
Improvements by tenants
333
Miscellaneous notes
334
INFANTS AND INSANE PERSONS 361 Validity of deeds 362 Affrmance and disaffirmance of contracts and conveyances
335
Judicial sales of infants lands 364 GuardiansPower to convey or incumber wards property
336
Guardian ad litemAppointmentFees INSURANCE 366 Insurable interest Insurance by life tenant
337
Insurance by purchaser at foreclosure sale 368 Rights of mortgagor and mortgagee
338
Conditions avoiding policy for lack of sole and unconditional ownership by insured
339
37 Condition in policy against change in insureds title
343
Condition in policy against change in insureds titleChange of title by descent Condition in policy against change in insureds title_Contract to convey...
344
Waiver of forfeiture clauses in policy
348
Construction of statutes making insurer liable for full value of property as stated in policy in case of total loss
349
Miscellaneous notes
351
AppropriationExtent of rightPriorities
352
AppropriationChange in use or point of diversion 382 Actions and adjudications concerning water rights
354
Contracts concerning water rights
356
Conveyance of water rights
357
Miscellaneous notes
358
JUDICIAL SALES 386 Puffers at judicial sales
359
Mortgage clause in policy
360
Publication of noticeSunday newspaper
361
Title of purchaserReversal of decree 389 Setting aside IrregularitiesInadequacy of price
363
Guardians sales
364
LANDLORD AND TENANT 391 As to when the relation exists 392 Estoppel to deny title
365
Tenancy at will
366
Holding over 395 Holding over Application of the rule where rent for the original term was payable in services by the lessee
367
Termination of relationNotice to quit
368
Notice to quitService by mail
370
Surrender by operation of law 399 Attornment
371
Wrongful eviction by landlord 401 Wrongful eviction by landlordAction for damages
373
Eviction from part of premisesApportionment of rent 403 Farming on the sharesTitle to crops
375
Landlords lien 405 Landlords lienValidity of stipulation in lease giving lien on future crops and property not in being 406 Agricultural lien for adva...
377
Water rentsLiability of landlord to
378
Repairs
379
Miscellaneous notes
380
What constitutes a valid lease
381
Parol leases 412 Agreements changing terms of lease
382
Construction of leases 414 Construction of leases Options to purchase
384
Covenants in leases
386
Implied covenants 417 Renewal of lease 418 Renewal of leaseCovenant giving right to renew for different periods
387
Subletting
389
Assignment of lease
390
Judgment lienPriority
398
Judgment lienMiscellaneous notes
399
Attorneys liens 432 Equitable liens
400
Legacies as a charge on land
401
Lis pendensGeneral principlesStatutes construed
402
Pendente lite purchasers MARRIED WOMEN 436 Estoppels applied to married women
403
Miscellaneous notes
404
Statute of limitations as applied to trusts 759773 Statutory provisionsRecent constructions of and amend ments and changes in the statutory provision...
411
MECHANICS LIENS 460 Mechanics liens of statutory creationConstitutionality of statutes
414
Construction of mechanics lien statutes 462 Public property
415
Kind of labor or material for which a lien may be claimed 464 Lien for services of architect or superintendent
416
Labor on mining claime Statutes construed 466 Improvements by vendee 467 Improvements by lessee
419
Improvements by husband of owner
420
Assignment of leaseLiability of assignee
421
Destruction of premises
422
Miscellaneous notes
423
What constituites a license
424
Revocation of license LIENS
425
Judgment lienEstate to which it attaches
426
Judgment lienWhen it attachesDocketing and recording
427
Judgment lienDurationRevival or renewal of judgment Rights of intervening purchasers
428
Enforcement of lienProof in the action
439
Enforcement of lienStatute of limitations 489 Enforcement of lienMiscellaneous notes
440
MINES
441
Statement of case reported 491 Liabilities of lessee of coal mines for sewer assessmentThe word reprises defined
442
Mining leasesConstruction
445
Gas and oilNature of property inStatute prohibiting pumping 494 Oil and gas leases
447
Right of mining lessee to remove fixtures
448
Miscellaneous notes
450
What constitutes a valid mortgage 498 What constitutes a valid mortgage Necessity of debt and descrip tion of
451
Equitable mortgageMortgage by deposit of title papers
452
Construction of mortgages
453
Title of parties and right to possession
454
Taxes on mortgaged premisesCovenants and contracts con cerning
456
Afteracquired propertyMortgage to secure advances
457
Deeds construed as mortgages 506 Deeds construed as mortgagesWritten defeasanceNecessity and sufficiency
460
Action to declare deed a mortgagePleading and practiceTitle and right of parties
462
Priority of mortgages 51 Priority of mortgagesPurchase money mortgageMortgage for future advances
464
Assumption of mortgageTaking conveyance subject to mortgage 513 Assumption of nortgageAgreement of assumptionPersonal liability
466
Assumption of mortgageSurety relation of mortgagorExten sions
467
Assumption of mortgage by grantee of part of premises
468
Assumption of mortgageAction on covenantDefenses 517 Assignment of mortgageWhat constitutes 518 Assignment of mortgageTitle and rights of a...
470
Payment release and satisfaction
473
Release of part of mortgaged premises
475
Authority to receive paymentPayment to agent
476
Release by mistake or without authority
477
Penalty for failure to enter satisfaction Statutes construed
478
Strict foreclosure 524 Breach authorizing foreclosureFailure to pay interest or taxes
479
Foreclosure proceedingsGeneral principlesPracticeStatutes construed
482
Complaint in foreclosure proceedings
484
Parties to foreclosure proceedings
485
Defenses to foreclosure proceedings
486
Usury as a defense to foreclosure proceedings
487
Statute of limitations
489
Judgment in foreclosure proceedings
491
Personal and deficiency judgment upon foreclosure of mortgage Statutes construed
492
Allowance of attorneys fees in foreclosure proceedings
493
Appointment of receiver in foreclosure proceedings 537 Appointment of receiver in foreclosure proceedingsRights of one liable to a deficiency judg...
495
Counterclaims and cross bills in foreclosure proceedings
496
Adjudication of adverse claims of third parties in foreclosure proceedings 540 Foreclosure against deceased mortgagor
497
Rights of junior encumbrancers
498
Marshalling securitiesRule where portions of the mortgaged premises have been conveyed
499
Sale under decree of foreclosure
500
Appraiseinent of propertyNebraska cases
501
Notice of sale 546 Sale in parcels or in solido
502
Application of proceeds of sale 548 Validity of foreclosure saleSetting aside
503
Confirmation of foreclosure sale
504
Title rights and liabilities of purchaser 551 Title rights and liabilities of purchaserEasements created against or in favor of mortgaged premises after e...
505
Right of purchaser to possession and writ of assistance
506
Deeds construed as mortgagesConditional sales distinguished
507
Action to declare deed a mortgageBurden and sufficiency
508
fioreclosure by advertisement 554 Foreclosure by advertisementSufficiency of notice
510
Power of saleRevocation by death of mortgagor
511
Power of saleSale under
512
Sale under powerPurchase by mortgagee
513
Deed of trust to secure debts
514
Sale under deed of trust 560 Sale under deed of trustAppointment or substitution of trustee Sale
517
Building and loan association mortgages 562 Building and loan association mortgagesForeign associations 563 Building and loan association mortga...
518
Building and loan association mortgagesAccountingComputa tion of amount due 565 Building and loan association mortgagesRights of parties upon ...
520
Miscellaneous notes
522
Knowledge sufficient to charge one with notice 568 Charging notice to principal on account of knowledge of his agent or attorney
523
proof
524
NUISANCE
527
Statement of case reported 571 Stepping stone on front edge of sidewalkLiability of abutting owner for injury caused thereby
528
What constitutes a nuisance
531
Platform and sidewalk alongside a store room
532
Unsightly structures and disorderly resorts 575 Discharge of water drains and sewers
534
Blacksmith shopInjunction against as a nuisance
535
Liability for continuing a nuisance
537
Liability of owner for nuisance maintained by his licensee 579 Legislative and municipal control
538
Power of municipality to revoke a license granted by it to extent operations thereunder have become a nuisance
539
Injunction by state against criminal nuisance
541
Remedies and proceedings against nuisances
544
Acquiring prescriptive right to maintain nuisance PARTITION 584 Partition by agreement
546
Who may have partition
547
Partition as a matter of right between tenants in common 587 Partition proceedingsComplaint and parties
549
Partition proceedingsWhat may be adjudicated 589 Partition proceedingsMiscellaneous notesStatutes construed
550
Allowance of costs and attorneys fees
553
Partition sales
554
PARTNERSHIP REAL ESTATE 592 What constitutes partnership real estateConversion of partner ship personalty into real estate
555
PARTY WALLS 593 What constitutes a party wallRight to openings
556
Contracts concerning party wallsRight to contribution
557
PLATS AND SURVEYS 595 Maps and plats
558
Surveys and surveyingProof of intention of surveyor
559
POSSESSION Possession as notice of rights or title
560
Possession of tenant as notice POWER OF ATTORNEY 599 Authority conferred by power of attorney
562
Indians and public lands
563
Conclusiveness of decisions of land departmentPower of state courts
566
School lands
567
Mining claimsLocation and relocation 604 Mining claimsLocation and relocationWhat constitutes a vein
568
Mining claimsMarking boundariesNotice of locationDescrip tion 606 Mining claimsMarking boundariesVein discovered beneath the surface
570
Mining claimsFollowing dip of vein 608 Mining claimsDoing required amount of workForfeiture and relocation
572
Mining claimsConflicting locationAdversary proceedings 610 Mining claimsConflicting locationAdversary proceedings Necessity of showing citizen...
575
Millsite locationRights of conflicting lode claimants
577
Swamp and tide landsStatutes construed 613 Townsite lands 614 Grants to railroadsStatutes construed
583
Preemption of public lands for homestead
584
Contracts concerning homestead landsLiability for debts
585
Mortgaging of homestead lands
586
PatentsConclusiveness
587
PatentsConflict between senior and junior patentee 620 PatentsMiscellaneous notes
588
Construction of miscellaneous Acts of Congress and local statutes 622 Water rights on public lands
590
Miscellaneous notes
591
QUIETING TITLE 624 What constitutes a cloud on a title 625 As to when the action will lie and who may maintain
592
Possession by plaintiff required
594
Complaint in action to quiet title
595
Defenses and cross petitions
597
Practice in action to quiet titleMiscellaneous notes 630 Trespass to try title REAL ACTIONS 631 JurisdictionState and federal courts
600
Jurisdiction depending on action involving title
602
Jurisdiction over lands in another county or state
603
Jurisdiction of courts of equity
604
Former adjudicationGeneral principles 636 Former adjudicationWho bound
605
Former adjudicationJudgment against lessor or lessee
606
Former adjudicationParticular cases
608
InjunctionsGeneral principlesPractice
609
InjunctionsCauses sufficient for granting
611
Injunctionscauses insufficient for granting
612
Injunctions against trespass
613
Injunctions against removal of timber or to protect mining rights
614
Appointment of receiverPractice
615
Appointment of receiver on application of remaindermen
616
Title rights power and liabilities of receiver 647 Foreign receiverAction
617
Sale by receiver
619
New trial of right
620
AppealsTrial anew on appealJurisdiction of appellate court 651 Parties to real actions
621
REAL ESTATE AGENT 653 Employment of agent 654 Power of agent to bind principal
623
Agent to sell landPower to bind principal by contract of sale
624
Agent to procure loanAuthority to bind principal to pay for complete searches of title does not include title insurance The two distinguished
625
Duties and liabilities of agent to his principalTrust relation 658 Recovery of commissionGeneral principles and particular cases 659 Recovery of com...
630
Recovery of commissionSale by third party 661 Recovery of commissionAgent procuring binding contract for exchange of land which fails on acco...
631
RECORDS AND RECORDING 662 What instruments may be recordedRecording of instruments not entitled to record
633
Records as noticePriorities
634
Records as noticeRecord of instrument in wrong book 665 Records as noticeProbate records outside chain of title
636
Unrecorded instruments
637
Notice of unrecorded instruinent
638
Equity of redemptionPurchase
641
Redemption by lienholder 679 Redemption from mortgage foreclosure
642
Redemption from mortgage foreclosureStatutes construed
644
Agreements concerning redemptionExtension of time 682 Change in redemption statutes
645
Procedure to effect redemption
646
What instruments can be reformed and when equity will reform them
647
Mutuality of mistake required 686 Reformation of mistakes in descriptions
648
Proof required in actions for reformation RENTS 688 Right to rentsMiscellaneous notes
650
Right to rentsMortgagor and mortgagee
651
Creation of liability to pay rent 691 Rights and liabilities of assignees or receivers in reference to rents
652
Pleading and practice in actions for rent 693 Defenses and counterclaims in actions for rent
653
Evidence in actions for rent
654
Collection of rent by attachment or distress RESULTING TRUSTS 696 General principles
655
Trust arising out of fraud or violation of contract
656
Trusts arising from the payment of purchase money
657
Trusts arising from payment of purchase moneyWhen trust must arisePayment of aliquot part
659
RIGHT OF WAY 701 Recovery of damages for appropriation of right of
661
Agreements to convey right of wayRemedy for breach 703 Grants of right of wayConditions covenants and limitations 704 Grants of right of wayCo...
664
Use of right of waySowing Bermuda grass on to preserve em bankmentsDamages to adjacent owners
666
Use of right of wayControlling use of by hackmen
669
Right of street railroad to cross railroad track
671
Crossing of railroads streets and highwaysStatutes construed
674
RIPARIAN OWNERS 709 Title and rights of riparian owners
675
Title to lakesMeandered lakes
677
Navigable watersWhat are and title to lands under
678
Navigable watersRiparian rights 713 Navigable watersWharf rights
681
Navigable watersRights of navigators as to use of banks and trees growing thereon
682
Right of fishery
683
AccretionRights of riparian owners
685
Obstruction or diversion of waters
686
Obstruction diversion or pollution of waters as a public nuisance or criminal offense
687
SURFACE WATER
697
Contracts to convey land 729 Contracts to convey landDefiniteness required
702
Performance diligence and good faith required of person seeking 732 Complaint in action for specific performance
706
Tender required of plaintiff
707
Practice in actions for specific performance 735 Practice in actions for specific performanceOutstanding dower right
709
Defenses to action for specific performance
710
Counterclaim setoff and cross bill
711
STARTING FIRES 738 Liability of trespasser starting a fire
712
Contributory negligence 740 Liability of railroad companies for firesNegligence
715
Action for injury by fireEvidence and instructions
717
Action for injury by fireMeasure of damages
718
Obstruction or diversion of watersAcquirement of right to by prescriptive use or payment of damages
719
Obstruction or diversion of watersInsufficient railroad culverts or drains
720
Obstruction or diversion of watersMeasure of damages
721
Obstruction or diversion of watersInjunction against removal of dam maintained for the prescriptive period
722
Floating logs in streamLiability for causing overflow
723
Polluting stream by use of waters for manufacturing purposes
724
Pollution of watersDischarge of sewerageRight of cities SPECIFIC PERFORMANCE
725
What contracts may be specifically enforcedGeneral principles
726
What contracts may be specifically enforcedParticular cases
727
Application of statute of limitationsGeneral principles 752 As to when the statute begins to run 753 As to when the statute begins to runFraudulent co...
728
Rights and liabilities as to discharge of surface water 775 Right of landowner to construct ditches and drains
738
Diversion of surface water by railroad
739
Liability of municipalities
740
TAXES AND TAX TITLES 778 Collateral inheritance taxConstitutionality and construction of statutes
741
Taxation of mortgaged real estate
744
Payment of taxes by mortgageeRights and lien acquired
745
Exemption from taxationGeneral principlesStatutes construed 782 Exemption from taxesPublic lands and public property
747
Exemption from taxes Property of educational institutions 784 Exemption from taxes Property of Chautauqua Assembly 785 Exemption from taxes ...
750
Exemption from taxesLodge property
751
As to when the statute begins to runRemoving lateral support or changing Aow of water
754
Interruption or suspension of statutePayments or recognition of titleDisabilities 755 Interruption or suspension of statutePayments by grantee as sumi...
755
Assessment of taxesGeneral principles 789 Assessment of taxesStatutes construed
756
LachesGeneral principles and particular cases
757
Assessinent of taxesIn whose name assessment should be made 791 Assessment of taxesDescription of property 792 Assessment of taxesOmission of ...
759
Assessment of taxesBoards of equalization
761
Assessment of taxesBoards of equalizationNotice of meeting 795 Lien for taxes 796 Taxes levied on personalty as a lien on realtyPriority
765
Publication of delinquent listNotice of tax sale
767
Sale of land for taxesMiscellaneous notes
769
Who may purchase at tax sale
770
Soo Title and rights of purchaser at tax sale
771
irregularities insufficient to avoid or invalidate a tax saleAssess ment in name of prior owner after record of his conveyance to another
774
Setting aside tax sale 805 Redemption from tax sale
777
Notice of expiration of time to redeem 807 Notice of expiration of time to redeemRights of assignee of owner
780
Certificate of sale and tax deed
781
Tax deedConclusiveness as evidence of title
783
Judicial proceedings to confirm and enforce tax titles 811 Summary proceedings to sell land for taxes
784
Judicial proceedings to collect taxes
786
Petition to enforce tax lienEffect of insufficient description 814 Statute of limitations and tax titles
789
Construction of miscellaneous statutes
790
TENANTS IN COMMON 816 Creation and conveyance of estates in common
791
Trust relationBuying in titles and discharging incumbrances 818 OusterLiability for rentAccounting 819 Sale oi timber by tenant in common TITLE
793
What constitutes paper title
796
Good and marketable title 822 Good and marketable titleRights of vendeeSpecific perform
798
ance TREES 823 Revocation of license to cut and remove growing trees
800
Rights and remedies of purchaser at invalid tax sale
801
Irregularities sufficient to avoid or invalidate a tax sale
802
Contracts and conveyances concerning timber and trees 826 Construction of conveyance of all the pine and spruce timber standingTimber defined
804
Wrongful cutting and removal of timberRights and remedies of owner
808
Wrongful cutting and removal of timberOccupancy as a defense to the action
810
What constitutes trespass
811
Liability of employer for trespass by employees
813
Liability of firm for trespass by one of its members Joint lia bility of several persons acting separately
815
Who may maintain an action for trespassTitle or interest nec essary
817
Right of one having constructive possession of land to maintain trespass
818
Practice in actions for trespassMiscellaneous notes 835 Defenses to action for trespass
820
Evidence in action for trespass
821
Measure of damages 838 Measure of damagesExemplary or punitive damages 839 Miscellaneous notes
823
Creation of express trustsNecessity and sufficiency of writing
824
f1 Parol evidence to establish express trusts
825
Construction of particular instruments creating trusts 843 Conveyance of land in trust to pay grantors debts
827
Statute of uses and passive trusts 845 Power of courts in respect to trusts
830
Title rights powers and liabilities of trustees
831
Sale and conveyance by trustee
832
Suits by foreign trustees
833
Trustee dealing with trust estatePurchase at his own sale
834
Revocation of trusts
835
Compensation of trusteeEffect of his negligence or bad faith 852 Miscellaneous notes
836
VENDOR AND VENDEE 853 Destruction of buildings after contract of saleRight to insur ance
837
Damages for injuries to landRights of vendor and vendee 855 Right to possession of muniments of title
838
Bond for title 857 Option contracts
839
As to what constitutes a contract of sale 859 Construction of land contractsForfeitures
841
Construction of land contractsParticular cases
843
Rescission of contracts Defects in title or deficiency in quantity
844
Action for purchase money 863 Defenses to action for purchase money
846
Recovery by vendee of purchase money paidLien
847
Retention of title to secure purchase money 866 Vendors lienCreation
848
Vendors lienAssignmentPriority 868 Vendors lienLoss or waiver
849
Vendors lienWaiver by taking obligation of third person
850
Action to enforce vendors lienParties pleading and practice
851
Miscellaneous notes
852
WASTE
853
Waste by tenant in common 874 Rights and remedies of mortgagee for waste
855
WATERS AND WATER COURSES
856
MilldamsRight to erect or remove
857
Milldams and water rightsMiscellaneous notes
858
Revocation of wills 879 Agreement to devise realty 880 Conditions in restraint of alienation or marriage
860
Construction of willsRules forGeneral principles
881
Construction of willsCse of words children heirs and is sue Devises to a class
882
Construction of willsDevise for life with power of disposal
883
Construction of willsDevise over in case devisee dies without issue
884
Construction of willsEstate devised
885
Construction of willsParticular wills
886
Estoppel by acceptance of devise
887
Devise in lieu of inarital rightsElection
888
Powers contained in wills
889
Creation of power of sale by implication
890
Miscellaneous notes
891
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Common terms and phrases

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Էջ 684 - Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law as the legislature, under the governing and controlling power...
Էջ 134 - The degrees of kindred shall be computed according to the rule of the civil law; and kindred of the half blood shall inherit equally with those of the whole blood, in the same degree, unless the inheritance came to the intestate by descent, devise or gift of some one of his ancestors, in which case all those who are not of the blood of such ancestor shall be excluded from such inheritance.
Էջ 46 - A charity, in a legal sense, may be more fully defined as a gift to be applied, consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their...
Էջ 752 - Property shall be assessed for taxes under general laws, and by uniform rules, according to its true value.
Էջ 745 - A mortgage, deed of trust, contract, or other obligation by which a debt is secured, shall, for the purposes of assessment and taxation, be> deemed arid treated as an interest in the property affected thereby.
Էջ 247 - I. c. 11.) the presumption of the duration of life, with respect to persons of whom no account can be given, ends at the expiration of seven years from the time when they were last known to be living.
Էջ 586 - That no lands acquired under the provisions of this Act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therefor.
Էջ 586 - ... the person making such entry; or, if he be dead, his widow; or in case of her death, his heirs or devisee; or in case of a widow making such entry, her heirs or devisee, in case of her death; shall prove by two credible witnesses that he, she, or they have resided upon or cultivated the same for the term of five years immediately succeeding the time of filing the affidavit...
Էջ 51 - ... whenever the questions of discipline, or of faith, or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatorios to which the matter has been carried, the legal tribunals must accept such decisions as final, and as binding on them, in their application to the case before them.
Էջ 684 - We think it is a settled principle, growing out of the nature of well ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.

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