10. If, in problem 7, the fire had been caused by lightning and Hall's goods had been destroyed by the fire, could he have recovered, nothing having been said in the policy about lightning?

II. Evans insures his house and barn, and in the policy there is a condition that the insurer will be liable for fire caused by lightning. Lightning strikes his barn, tearing off the roof and greatly damaging it, but the barn does not catch fire. Can Evans recover the damage from the insurance company?

12. If, in the above case, Evans's barn had been set on fire by an incendiary, could he recover the damages from the insurance company?

13. If the insured owner, during a period of temporary insanity, sets fire to the barn himself, could he recover from the insurance company?

14. Waters insures his household furniture while living in a certain house on Edmunds Street. Within a month after taking out such insurance, he moves about one block away to a house on Meigs Street. Both of the houses are frame dwellings, and there is apparently no difference in the hazard. The policy contains a clause that if the property is removed without the consent of the insurer the policy is no longer of any effect. Shortly after moving, Waters' furniture burns. Can he recover from the company?

15. If Springer takes out a fire insurance policy of $1000 on a house worth $2000 and the house burns, what amount can he recover? If the insurance policy is for $3000 and the house is worth $2000, how much can he recover?

16. Levitt insures his house and then sells it. The policy of insurance contains the alienation clause. Shortly after the house is sold it burns. Can Levitt recover under the policy?

17. If, in the above case, Levitt had mortgaged instead of sold his house, could he have recovered under the policy?

18. If Levitt, upon selling the property in problem 16, had assigned the policy to the purchaser without obtaining the consent of the company, could the purchaser recover under the policy in case of fire?

19. Taylor takes out an insurance policy upon the life of Henderson, his business partner, who owes him $10,000. After the policy has been running about two years, Taylor and Henderson dissolve partnership, and Henderson pays Taylor all that he owes him; but Taylor continues the policy upon Henderson's life. Is it valid?

20. Aller insures his own life in favor of his wife. After two years he obtains a divorce from her, then marries another, and, wishing to make her the beneficiary under his policy, seeks to change it. Can this be done?

4

21. In an application for a life insurance policy, Ford, the applicant, was asked if any of his brothers or sisters had died of consumption. No answer was given. Ford had, in fact, lost two brothers by this disease. The policy was issued. Would the concealment render it void?

22. Dwight applied to a life insurance company for a policy of insurance upon his life. He stated in answer to a question that he was engaged in running a grocery, while in fact he was a farmer. One occupation was not considered a greater hazard than the other by the insurance company. Would this affect the policy?

23. If, in the above case, the answers of Dwight had been included in his policy and made a part of it, would the misstatement affect the policy?

24. An insurance policy contains a stipulation that the company will not be liable if the insured commits suicide, and he dies from the effects of a revolver bullet fired by himself while insane. Is the company liable on the policy?

25. If the stipulation in the policy had been that the company shall not be liable if death is caused by suicide committed when either sane or insane, would the company have been liabe in the above case?

26. Richardson loads his vessel with iterchandise at Albany, runs it down the Hudson River to New York, andere obtains a marine policy on the ship and cargo at and from New York to London. He does not state anything in reference to the loading at Albany. Would this affect the policy?

27. Elliott took out an accident policy insuring him against "bodily injuries sustained through external violence and accidental means." He was killed by accidentally drinking poison. Was the company liable?

28. Watson calls at the office of a duly authorized agent of an insurance company and asks the agent to insure his house for $3000. The agent agrees to write a policy for the amount. One day later the house is destroyed by fire. Watson has not received the policy nor paid the premium. Will Watson be able to recover from the insurance company? Explain.

29. Carter insured his house in the Mutual Insurance Company. At the time arrangements were made for issuing the policy Carter told the agent of the company that the house was 200 feet from any barn or stable. Later the house was destroyed by fire and the insurance company refused to pay the policy on the ground that the house was only 195 feet from a stable. Has the company the right to refuse payment? Explain.

30. Doran insured his life, naming his wife as beneficiary. When Doran died he was heavily indebted to the Fourth National Bank. His widow collected the insurance and the bank sued her to have the insurance money applied to the payment of Doran's debt. Was the bank entitled to recover?

Definition.

REAL PROPERTY

1. IN GENERAL

Real property or real estate is defined as land and whatever is affixed to and issuing out of the land. It will therefore be seen that it includes not only the land itself, but buildings erected thereon, as well as trees growing therefrom and oils and minerals included within the land extending downward to the center of the earth.

Crops which are planted each year and which are considered the fruits of labor, are personal property. If, however, the owner of land and of the cultivated crops thereon sells this land, these crops will go to the purchaser unless they are specially reserved by a clause in the deed or in some other writing executed simultaneously with it.

Rights in Streams and Lakes. In the case of navigable waters, the title of the water and the land beneath is held by the state and adjoining owner have no greater rights therein than other people. Their ownership ceases at the water's edge.

In the case of non-navigable waters, the adjoining owners have title thereto to the center of the stream or lake and have the exclusive right to use and enjoy the waters over their lands. They are not permitted to change the direction or interfere with the flow of running streams to the injury of others.

A grantee from the United States, of land in Missouri on the banks of a navigable river, such as the Missouri River, takes only to the water's edge and not to the middle of the stream. The owner of the bank is not the owner of an island which springs up in the river, no matter whether it be on one side or the other of the center of the stream. Cooley v. Golden, 117 Mo. 33.

Ice belongs to the owner of the land over which it forms, except when it is on navigable waters, in which case it belongs to the one first appropriating it.

When the water of a flowing stream, not navigable, freezes while in its natural channel, the ice attached to the soil constitutes a part of the land, and belongs to the owner of the bed of the stream, who has a right to remove it. A person who owns the land on one side and cuts the ice beyond the center of the stream is liable to the owner of the land lying under the ice which was taken. - State v. Pottmeyer, 33 Ind. 402.

The owner of the bank along the Kansas River, a navigable river, does not own to the center of the stream, neither does he own the ice which is formed on the stream adjacent to his land without first taking possession of it. Wood v. Fowler, 26 Kans. 682.

Corporeal real

Corporeal and Incorporeal Real Property. property includes the land itself and the buildings, trees, minerals, and other tangible appurtenances thereto. The examples of real property just discussed belong to this class. Incorporeal real property is an intangible right in the land which does not amount to the ownership of it. The principal illustration is an easement, which is defined as a right that the owner of one tract of land may exercise over the land of another. A right of way which a man has over the land of his neighbor for the purpose of reaching his own land is an easement. Lots in a city are sometimes sold with the covenant that the purchaser will not build within a given number of feet from the street. This creates an easement in favor of the seller. The easement may be granted perpetually or for a limited time.

An owner of land conveyed a part of it, with an agreement that the tract should be preserved for residence purposes, and not for hotel, club, or camping purposes. Held, that the deed and agreement together created an easement on the entire tract for the benefit of those who might become owners of separate parcels thereof and was enforceable by any purchaser against any other purchaser. Boyden v. Roberts, 131 Wis. 659.

An agreement between the owners of adjacent city lots that if one will build a dwelling upon his lot three feet back from the line of the street the other will set his buildings back the same distance when he builds, creates an easement in the party so building in the land of the other.

1. What is real property and in general what does it include?

2 (a) What are the rules as to property rights in the case of navigable streams and lakes? (b) In the case of non-navigable streams and lakes? 3. To whom does ice that forms on navigable waters belong?

4. (a) What is corporeal real property? (b) Incorporeal real property? 5. Give an example of an easement.

2. ESTATES IN LAND

Definition. The estate is the interest which one has in land. This interest may amount to absolute ownership or it may be only a temporary or conditional ownership. Under the early

English law, what is called the feudal system was in force and the absolute title to all real property was in the king, all others holding under him as tenants. The king generally granted large tracts of land to his nobles or followers, who in return for the grant rendered him certain military service in the wars which were frequently occurring between the different nations in those times. Each follower of the king had his followers or servants to whom he rented the land, and who gave him a certain amount of their time as soldiers for the king. The estate of the tenant in the land was called "fee." This feudal system does not exist in the United States, but many of the terms and rules still used in real property law are derived from it.

Estate in Fee Simple; Eminent Domain. - Estate in fee simple is the nearest approach to complete and absolute ownership of real property. Excepting the right the state has to take the owner's land for taxes or under the power of eminent domain, it can not be taken from him without his consent, except by creditors to pay his debts. It is an estate which exists for a man during his life, and if not disposed of by him descends to his heirs. When an estate of this nature exists in land, the owner can use the land as he chooses, provided he does not cause injury to others, and he may dispose of it or grant privileges in reference to it as he may desire. The land can be taken by the state, under the right of eminent domain, for public use only, as for a road, railway, etc., and in every case just and adequate compensation must be given the owner. This right is often delegated to corporations or private persons who perform some public function, as railroad companies, telegraph companies, etc.

The Supreme Court of the United States has defined eminent domain as being "The ultimate right of sovereign power to appropriate, not only the public property, but the private property of all citizens within the territorial sovereignty, to public purposes.

Charles River Bridge v. Warren Bridge, 11 Pet. (U. S.) 420.

Were it not for this right in the state the construction of a highway or a railroad might be prevented by the arbitrary acts of a single individual.

Life Estate. The fee in all real property must rest in some one, but there may be carved out of it various lesser estates.