Modern American Law: A Systematic and Comprehensive Commentary on the Fundamental Principles of American Law and Procedure, Accompanied by Leading Illustrative Cases and Legal Forms, with a Rev. Ed. of Blackstone's Commentaries, Band 5

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Eugene Allen Gilmore, William Charles Wermuth
Blackstone Institute, 1914
 

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Inhalt

CHAPTER IV
18
Tenure
20
CHAPTER V
21
Effect of colonial charters
22
American law evolved from the English law
23
Cession of lands by the colonies to the general gov ernment
24
Subsequent purchases and acquisitions by the United States
25
Indian titles
27
Relations of the United States government with the Indian tribes
29
SECTION PAGE 34 How far Indian titles are sustained
30
Preemption under federal statutes
31
CHAPTER VI
32
All lands held of king
33
Tenure in chivalry
34
Villeinage and copyhold tenures
35
Tenure in England today
36
CHAPTER VII
38
The effect of seisin on devise of land
39
Disseisin
40
Seisin vital today
41
Livery of seisin and feoffment
43
Livery of seisin in the United States
44
CHAPTER VIII
45
Who may be freeholdersPersonsAliens
46
Subinfeudation
47
Right to devise land by will
48
CHAPTER IX
49
Estates less than freehold
50
Freehold cannot be in abeyance
51
Freehold must be continuous
52
Reservations
54
CHAPTER X
55
Same subjectModern rule
56
Unlimited right of alienation
58
Liability to debts of deceased owner
59
Fee in incorporeal hereditaments
61
CHAPTER XI
62
Incidents of base fee
63
SECTION PAGE 83 Conditional fee distinguished from estate upon con dition
64
Reversion and possibility distinguished
65
CHAPTER XII
66
Early history and construction
67
Words necessary in a deed and in a will
68
Gift over on failure of issue
69
The rule in Wilds Case
71
Growth of the right of alienation
72
The Statute De Donis Conditionalibus
73
Statute De Donis not applicable to personalty
75
Other methods of docking entail
78
Effect of conveyance by tenant today
79
Estates tail in the United States
80
Statutes abolishing estates tailConstitutionality
81
CHAPTER XIII
83
Origin and reason for rule
85
Effect of rule
87
Same Subject
88
Cases where no freehold is given the ancestor or estate of inheritance to the heirs
89
SECTION PAGE 110 When the effect of the word heirs is changed by explanatory words
90
Where the new estate of inheritance is grafted on the heirs the rule does not apply
91
Remainder to heirs of two persons who may have common heir
92
Other examples where the rule does not apply
93
Executory trustsMarriage settlements
94
Equitable interests
95
The rule in Shelleys Case in the United States
96
CHAPTER XIV
97
Right to assign or create subtenancies
98
Estate pur autre vie
99
Fraud in case of estates pur autre vie
100
Merger
101
Apportionment of rent
102
Improvements
103
Duty of tenant to defend title
104
CHAPTER XV
105
Restriction on the power to lease
106
Conditional restraint on fee in general
107
Perpetuities
108
Grants to corporations
109
Estates of married women
110
The American rule as to spendthrift trusts
111
Jurisdictions opposed to the American rule
112
Trusts for grantor
113
CHAPTER XVI
114
Validity
115
Conditions subsequent
116
Time of performing conditions
117
Same subject
118
Conditions in restraint of marriage
119
The use of land may be restricted in the grant
120
Same subjectWhere condition is of no value to grantor
121
Assignment of possibility of entry
122
Conveyance of right of entry after condition broken
123
SECTION PAGE 168 Effect of a breach of the condition
124
Equitable relief against breach
125
CHAPTER XVII
126
Same subjectConsideration for grant
127
Uses as an attack on the feudal system
130
Lease and releaseBargain and sale
132
Application of statute to a use on a use
134
Effect of the statute on devises
135
CHAPTER XVIII
136
When conversion takes place
137
At what instant conversion takes place
138
Effect of option
139
CHAPTER XIX
141
Meaning of a remainder
142
Remainders and reversions distinguished
143
Future estates at common law
144
Estates at common law could not begin at a future time
145
How a reversion or a remainder might be conveyed at common law
146
SECTION PAGE effect
147
Fee simple divided into successive estates
148
Necessity of a particular estate of freehold
149
Construction as to vested or contingent remainder
151
Remainder to right heirs
152
Alteration of interests before testators death
153
Remainderman may be uncertain during particular estate
154
Remainders after estates tail
155
Heirs construed heirs of the body
156
Rule of vesting
157
CHAPTER XX
158
Possibility on a possibility
159
Presumptions of construction
160
Contingent remainder distinguished from conditional limitation
161
Contingent remainder must not lap over preceding estate
162
Trusts to preserve contingent remainders
163
Merger of contingent remainders
164
SECTION PAGE 219 Merger to squeeze out contingent remainder
165
Same subject
166
Statutes affecting contingent remainders
167
CHAPTER XXI
169
Same subject
170
Same subject
172
Words of condition or of limitation
173
Rule against perpetuities applying to conditional limitation and not to condition
174
A condition is to be distinguished from a trust
175
An estate upon conditional limitation distinguished from an estate tail
177
Meaning of an executory devise
180
Shifting or springing use
182
CHAPTER XXII
183
Origin
184
Effect of the creation of executory devises
185
Growth of ruleLimitation within life in being
186
Number of lives used as test
187
Period in gross added to rule
188
SECTION PAGE 243 Period of minority added to rule
189
Several periods of gestation
190
Effect of possibility of issue extinct
192
Reason for rule
193
Alienability not the test
194
Mere possibility that limitation may be remote inval idates it
195
Description of beneficiary
196
Effect of remoteness
197
Possibility on a possibility
198
Same subject
199
CHAPTER XXIII
201
Estate tail
202
Limitations after equitable estate tail
203
Limitations over upon failure of issue
204
Same subject
205
Conditions
206
CHAPTER XXIV
208
Limitation to charities
209
Limitation from one charity to another
210
SECTION PAGE
211
Rules for determining whether a devise to a class
217
CHAPTER XXVI
223
CHAPTER XXVII
229
COTENANCY IN GENERAL SECTION PAGE 290 Joint tenancies distinguished from tenancies in com mon
232
Presumption in this country
233
Conveyance to several and their representatives
234
What property may be held in cotenancy
235
CHAPTER XXIX
237
Creation by descent
238
Creation by two grants of some property
239
Incidents of tenancy in common
240
Rights to use and possession
241
Liability of one tenant for rent
242
Rights of action
243
CHAPTER XXX
244
Nature
245
Unity of time
246
Examples
247
Lapse
248
Severance of an estate by joint tenancy
249
Effect of modern statutes on an estate by joint tenancy
250
CHAPTER XXXI
251
Mutual rightsConveyances
252
CHAPTER XXXII
254
The freehold estates of dower and curtesy
255
Curtesy and dower in wild lands
256
Protection of rights of wife in community property
257
CHAPTER XXXIII
258
Curtesy in the United States
259
Requisites of an estate by curtesy
260
Nature of curtesyTransfer
261
Seisin fundamental to curtesy
263
Incidents of an estate by curtesy
264
Same subject
265
To what estates curtesy will attach
266
SECTION PAGE 342 The estate by curtesy cannot be barred by will of the person giving the lands to the wife
267
CHAPTER XXXIV
269
Origin of dower
270
Nature of dower
271
Same subject
272
Nature of dower before vesting further considered Legislative control
273
Aliens
274
Dower in mortgaged property on foreclosure
275
To what does the dower attach ?Wild lands
276
Seisin of husband as requisite to dower
277
On exchange of lands
278
Dower in equitable estates
279
The law will not grant dower out of a dower estate
280
How to bar dower
281
Loss of dower by dedication
282
Jointure to bar dower
283
Gift by will in lieu of dower
284
Dower barred by adverse possession
285
Proceedings to enforce assignment
286
Time of estimating valueImprovements
287
Same subject
288
HOMESTEAD EXEMPTIONS SECTION PAGE 372 Origin of homestead
290
Validity and effect of repeal
291
Head of a family
292
Relationship constituting family
293
When status must exist
294
Children
295
Residents
296
Estate to support homestead
297
Leasehold interest
298
Equitable interests
299
Occupancy
301
Rule when tree extends over the property line
312
Trees on boundary line
314
CHAPTER XXXVII
315
Rule as to natural fruits of the soil
316
Annual crops or emblements are generally regarded as personalty
317
On death of testator
318
Landlord and tenant
319
Trees and shrubbery
321
Standing forest trees are a part of the realty
322
CHAPTER XXXVIII
323
Liberal construction of waste in this country
324
Liability of tenant at will to repair
325
Alterations in premises
326
Changing nature of use
327
Removal of structures erected by tenants
328
Mines
329
SECTION PAGE 427 Abandonment of mines
330
Actions
331
CHAPTER XXXIX
332
Boundaries fixed by acts of the parties
333
Evidence to locate boundaries
334
Statutory methods of determining boundaries
335
Whether monuments courses or distances prevail
336
Measuring from building
337
Boundary on street where distances reach only to edge of street
338
Where street is on edge of lot and wholly on land of one owner
339
Boundary on street not constructed
340
Boundary on river
341
Division of land under water
342
CHAPTER XL
343
By custom
344
Fence along highway
345
Proper kind of fence
346
PART III
347
English rule of acquisition of easement of light by prescription
348
No right to light by prescription in this country
349
Right to air free from smell and noise
350
Acts proper in certain localities
351
No prescriptive right till injury done
352
Same subjectMalice
354
Same subjectEffect of artificial structure
356
Test of reasonable use
357
Right to use stream for domestic or business purposes
358
Rights by prescription
359
Right to pollute or make deposits in stream
360
CHAPTER XLII
361
Prescriptive right to adjacent supportAbutters on highway
362
SECTION PAGE 481 In case of intervening owner
363
When damage does not immediately follow excava tion
364
Effect of existence of buildings
365
Right of support subordinate to rights in percolating waters
366
Liability for removing solids in solutionQuicksand
367
CHAPTER XLIII
369
Easement in gross
370
Presumption against easement in gross
371
Easements by custom in this country
372
Requisites of right of way
373
Way to what place
374
Way by necessity
375
Repairs or grade of way
376
Right to drain
377
Right to pond water
378
Mill Acts
379
Abandonment of easement
380
Merger
381
LICENSES SECTION PAGE 511 Licenses distinguished from easements
383
Implied license to purchaser of chattel to get it
384
Same subject
385
CHAPTER XLV
386
Common of pasture
387
Other commons
388
Prescriptive right to fish in private waters
389
CHAPTER XLVI
391
Alterations in party walls
392
CHAPTER XLVII
394
Attornment
395
Distress
396
COVENANTS RUNNING WITH LAND SECTION PAGE 532 In general
397
Relating to things not in existence
398
When covenant runs
399
Privity
400
Equitable easement
401
PART IV
403
Ancient form of deeds
404
Deeds poll and indentures
405
Deed of bargain and sale
406
Signature
407
Form of seal
408
Stamped paper
409
Present value of seal
410
Short statutory forms
411
CHAPTER L
413
Same subject
414
Orally with change of possession
415
Must operate at once
416
CHAPTER LI
418
Delivery in escrow
419
Conditional delivery
420
Delivery to third party
421
Delivery to agent
422
Recording as delivery
423
Acceptance
424
CHAPTER LII
426
Aliens
427
Deed to grantor
428
ABSTRACTS OF TITLE SECTION PAGE 585 Importance
430
Method of examining title
431
Title passing on death
433
Liens
434
Liability of examiner of title
435
CHAPTER LIV
437
Title defined and explained
438
The covenant of seisin
439
The covenant of the right to convey
441
Same subjectMeaning of an incumbrance
442
Easements as incumbrances
443
The covenant for quiet enjoyment
445
The covenant of warranty
446
History of warranties
448
Same subjectGeneral and special warranties
449
Collateral warranty
450
When breach occursEnglish rule
451
When breach occursAmerican view
452
Whether warranty runs with land
453
Intermediate grantors
454
Same subject
455
When covenant runs with land
456
SECTION PAGE 615 Damages
457
Enforcement in equity
458
Feeding the estoppel
461
CHAPTER LV
463
Effect of mistake in record
465
Error in grantors middle name
467
A mortgagee is regarded as a purchaser under the recording laws
468
CHAPTER LVI
470
Purpose and effect
471
Operation
472
Power of court over defective titles
473
Typical case for registration
474
CHAPTER LVII
475
Principles
476
For what purposes
477
Acceptance
478
Same subject
479
CHAPTER LVIII
480
Fractional sections
482
Rights of riparian owners
484
Sale of public lands
485
CHAPTER LIX
487
Exclusive power
488
Exercise must be in accordance with power
489
Same subject
490
Same subject
491
Nonexclusive power
492
Illusory appointment
493
Same subject
494
Abatement of power
495
Release of power appendant
496
Release of power in gross
497
SECTION PAGE 669 Same subjectTortious conveyances
498
Same subjectSpecial powers in gross
500
B DURING LIFE WITHOUT CONSENT OF OWNER CHAPTER LX
502
Eminent domain
503
Right to take easement by eminent domain
504
Bankruptcy
505
CHAPTER LXI
507
When title passes
508
CHAPTER LXII
509
Appraisal
510
Purchasers
511
Vacating sale
512
CHAPTER LXIII
513
Accounting owelty sale
514
CHAPTER LXIV
516
Knowledge of owner
517
Same subjectIn the United States
518
Defenses against acquisition of easements by pre scription
519
Requisites of constructive possession
520
Nature of claim under paper title title
521
tive possession
522
Successive constructive possessions
523
Projecting eaves
524
Disseisin by election
525
Remainders or reversions
526
Possession under a lease
527
Prescription between states and nations
528
Estoppel against municipalities
529
Interruptions
530
Mere protest not an interruption
532
Disabilities
533
Disabilities in case of easements
534
ACCRETION ALLUVION AND RELICTION
535
Extension of public street
541
Leading Illustrative Cases Table of Contents
583
PART I
591
Smith
598
TITLE OF CASE PAGE
613
CHAPTER XI
625
Cope
631
CHAPTER XIII
637
CHAPTER XIV
643
RESTRAINTS ON ALIENATION
647
CHAPTER XVI
656
CHAPTER XVII
662
Swisher et al
670
CHAPTER XXI
682
CHAPTER XXVIII
705
CHAPTER XXIX
713
CHAPTER XXXII
719
CHAPTER XXXIII
727
In Re Rausch
739
CHAPTER I
741
CHAPTER XXXVII
751
CHAPTER XXXIX
759
Asher
776
CHAPTER XLIII
783
Bartron
791
CHAPTER XLVII
801
TITLE OF CASE PAGE
803
CHAPTER L
813
Alabama Coal Coke Co v Gulf Coal Coke Co
822
Joiner et al v Ardmore Loan Trust Co
828
CHAPTER LV
836
TORRENS SYSTEM OF LAND REGISTRATION
844
CHAPTER LVII
855
CHAPTER LIX
864
B DURING LIFE WITHOUT CONSENT
870
CHAPTER LXII
876
Clinchfield Coal Co et al v Viers
883
Index
891
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Seite 703 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate, except in the single case mentioned in the next section.
Seite 850 - Every subject of the Commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property or character. He ought to obtain right and justice freely, and without being obliged to purchase it; completely, and without any denial; promptly, and without delay ; conformably to the laws.
Seite 30 - This principle was that discovery gave title to the government by whose subjects or by whose authority it was made against all other European governments, which title might be consummated by possession.
Seite 442 - ... every right to or interest in the land which may subsist In third persons, to the diminution of the value of the land, but consistent with the passing of the fee by the conveyance.
Seite 693 - So it was early held that where a testator devised all his real and personal estate to his wife for life, and after her death to...
Seite 829 - In cases of uncertainty not removed by the preceding rules, the language of a contract should be interpreted most strongly against the party who caused the uncertainty to exist.
Seite 83 - It is a rule in law when the ancestor by any gift cr conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs in fee or in tail, that always in such cases 'the heirs' are words of limitation of the estate, and not words of purchase.
Seite 505 - Mueller v. Nugent, 184 US 1, 14, 22 Sup. Ct. 269, 46 L. Ed. 405 : "it is as true of the present law as it was of that of 1867 that the filing of the petition is a caveat to all the world, and in effect an attachment and injunction (Bank v.
Seite 604 - The facts, as stated in the case agreed, show the authority of the chiefs who executed this conveyance, so far as it could be given by their own people ; and likewise show, that the particular tribes for whom these chiefs acted were in rightful possession of the land they sold.
Seite 846 - Issues of law must be tried by the court, unless referred as hereinafter provided ; and issues of fact arising in actions for the recovery of money only, or specific real or personal property, shall be tried by a jury, unless a jury trial be waived, or a reference be ordered as hereinafter provided.

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