A Treatise on the American Law of Vendor and Purchaser of Real Property, Volume 1

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Callaghan, 1902 - 1322 halaman
 

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Continued Rule for determination
11
When vendee enters as tenant 1041
14
Mortgaged chattels affixed to realty
16
Chattels left upon land
19
Aqueducts conduits and pipes
20
Submerged lands
21
Water
23
Ice
25
Oils and gases
26
Church pews
27
Burial lots
28
Appurtenances
29
License
31
Franchises
32
Property in adverse seizen of third person
33
THE ESTATE 26 Definition
36
Estates under the statute
38
Feesimple
39
Feetail
40
Estates for life
42
Dower
43
Curtesy
45
Homesteads
47
Estates for years
48
Estates at will and by sufferance
50
Estates by entirety
52
Contingent interests and estates
55
Expectancies and naked possibilities
56
Powers
57
THE TITLE 42 Title generally considered
58
Classification
59
Acquisition and disposal
60
Derivation and nature of title
61
Marketable title defined
62
Continued Purchase
63
Tax titles
64
Color of title
66
CHAPTER II
68
Vendees
69
Parent and child
70
Expectant heirs
71
Cotenants
73
Partners
75
What shall be considered partnership property
76
How affected by death of partner
78
Real estate partnership
80
Syndicates Joint stock companies
81
Corporations
82
Municipalities
83
Assignors
84
Death of contracting party
85
Aliens
86
Infants
88
Married women
92
Husband and wife
93
Lunatics
96
Imbeciles
98
Drunkards
100
Convicts
102
General principles
103
Mortgages
105
Executors and administrators
106
Continued Administrators
107
Guardians
109
Trustees as purchasers The rule stated
110
Continued Exceptions to and qualifications of the rule
112
CHAPTER III
114
Statutory requirements
115
The signature
117
Signature of one party only sufficient
120
Signature by agent
121
Signature by corporation
122
The contracting parties
123
The terms
124
The consideration
125
The purchase price
127
Description of the property
128
The interest to be conveyed
129
Time
130
Receipts
132
Payment of the purchase money 908
135
Telegrams
137
Continued Undelivered deeds
138
CHAPTER IV
141
When construction is for the court
143
When for the jury
144
Intention of the parties
145
Construction deduced from acts
146
When construction should favor either party
147
Entire and separate contracts
148
Mutual and dependent undertakings
149
Precedent and contemporaneous acts
150
Continued Collateral matters and conditions
153
Surrounding circumstances and preexisting relations
154
Usage and custom
155
Ambiguities
156
Technical phrases
157
Contemporaneous writings
159
Continued When variant from each other
161
Unintelligible expressions
162
Interlineations Erasures
163
Proposals and offers Options
164
Continued Option in lease
166
Acceptance
168
Operation and effect
170
Recitals
172
Bond for conveyance
174
Continued Unlocated land
177
Continued History of title
178
Description by designation
180
The medium of payment
181
Conditions in avoidance
184
Computation of time
185
Assignment of contract for security
186
CHAPTER V
187
Conflict of laws
188
Agreements prohibited by statute
189
Agreements against public policy
191
Agreements void in part
193
Allotments by chance
194
Agreements to convey by will
197
Contracts procured by fraud
198
Postnuptial contracts
199
General effect of the statute
200
Conflict of laws
201
Defense of the statute By whom available
202
Incorporeal hereditaments
203
License to flood lands
204
License for right of way
205
Standing trees
206
Growing crops
209
Ruined walls and buildings
210
Partition fence
211
Agreements to exchange
212
Partnership agreements for dealing in lands
213
Memorandum for sale of partnership lands
215
Antenuptial agreements
216
The description
217
CHAPTER VI
218
Option of purchase
220
When equitable title vests
221
Death of one of contracting parties
222
The theory 840
223
Subsequent insolvency of the parties
224
Payment of taxes
225
Interest Rents and profits
226
The risk of loss
229
Right of possession
230
Delivery of possession
231
Vendees assertion of hostile title
232
Vendees possession not adverse
235
Vendee may attorn to stranger
238
Judgments against vendee
239
Vendors possession after sale
240
Destruction of property Proceeds of insurance
241
Continued Rights of option holder
243
Effect upon insurance of proviso against sales
244
Continued Assignment of policy
245
Mechanics liens
246
CHAPTER VII
247
Who may act as agent
248
Continued Trustee as agent
249
Proof of authority
252
Authority resting in parol
253
Authority in writing
254
Telegram as authority
255
Implied powers
257
Agents liability for breach of instructions
258
For misconduct
259
Effect of ratification as respects purchaser
261
Effect of ratification as respects principal
262
Revocation of authority
263
Agency coupled with interest
264
Agents authority terminates with principals death
265
When agent becomes personally liable
268
When principal chargeable with agents acts
270
Fraud of agent
271
Notice to agent binds principal
272
Agent dealing for his own benefit
274
Continued Effect of laches of vendor
278
Continued Agent must produce actual purchaser
280
Continued Sale must result from broker efforts
281
Continued Where more than one broker is employed
284
Continued Sale by owner without brokers interference
286
Continued Failure to close within time stipulated
288
Continued Revocation of brokers authority
289
Continued Agent as purchaser
291
Sale by agent above stipulated price
292
Double agency
293
The measure of compensation
295
Subagents Delegation of authority
296
CHAPTER VIII
297
The sale
298
Sale by plat
299
Failure of consideration Defective title 1093
300
Auctioneer cannot delegate authority
301
Auctioneers statements and representations
302
Vendor as bidder
305
Auctioneers memorandum
307
Who may make the memorandum
310
Auctioneers receipt as memorandum
311
Resale
312
PART II
314
Construction 952
315
Caveat emptor
316
Constructive notice
318
When purchaser is chargeable with notice
320
What notice sufficient
321
What will put a party on inquiry
323
Forfeiture against persons incapacitated 952
324
Decrees
338
Real estate charged with legacies
339
Real estate charge with debts
340
Easements and servitudes
342
Partnership property
344
Notice to agent
345
Rebutting presumption of notice
346
CHAPTER X
347
Duty of furnishing abstract
348
When the abstract is made a condition
349
Right to time for examining title
350
Good and sufficient abstract
351
Originals and copies
352
What the abstract should show
354
Root of title
356
Perusing the abstract
357
CHAPTER XI
359
A marketable title
361
Satisfactory title
364
Good title
367
Title as affected by attorneys opinion
368
Title of record
369
Title by adverse possession and limitation
371
Ancestral titles
372
Hazard of litigation
373
Pending litigation
374
Unsatisfied judgments
375
Outstanding incumbrances
376
Continued Unsatisfied mortgage
379
Unpaid taxes
380
Dowress death
382
Equitable estates Legal titles outstanding in trustee
383
Partywalls
385
Unopened streets
386
Purchase with notice of defects
388
Stipulation for failure of title
389
Agreement to furnish abstract when an undertaking in respect to title
390
Immaterial defects
391
Effect of delay in making objections
393
Defects in the subjectmatter
394
PART III
396
Forms of conveyance
397
Deeds of bargain and sale
399
Quitclaim deeds
400
Release
401
Confirmation
402
Surrender
403
Defeasance
404
Covenant to stand seized
405
Imperfect deed Operation and effect
406
When vendee entitled to deed
407
Vendees right to inspect deed
408
Vendee not required to take deed from third party
409
Duty of preparing deed
411
What conveyance is sufficient
412
Reexecution of lost deeds
414
CHAPTER XIII
416
Construction in favor of grantee
418
The premises
419
Recitals
421
Presumption as to grantee Persons of same name
424
Consideration
425
The habendum
427
Testamentary writings
428
Deed construed as a mortgage
431
Doctrine of relation
433
Forged deeds
434
CHAPTER XIV
435
Ambiguous descriptions
438
Inconsistent descriptions
439
General and special description
440
Specific parts
444
Identification after conveyance
446
Construction by the parties
447
Reference to plat
448
Survey governs plat
449
Identification of boundary lines
450
Marked lines
452
Boundary by parallel lines
453
Estoppel in pais
454
Streets and highways
455
Continued Unopened streets
457
Continued Exclusion from grant
458
Continued Where grantor is without title
459
Effect of grant bounded on highway
460
Streams and waterways
461
Continued Construction of descriptive terms 492
462
Lakes and ponds
464
Continued Artificial waters
466
Tidal waters
467
Riparian boundary as affected by plat
468
Mines and minerals
469
Operation of erroneous deeds
470
CHAPTER XV
471
Rule of construction
472
Legal and equitable estates
473
Effect of absolute conveyance
475
Continued Measure of damages 1171
476
Effect of release and quitclaim
477
Conveyance of estates in fee
478
Creation of life estate
479
The rule in Shelleys case
480
Creation of cotenancies
483
Perpetuities
485
Entailments
486
Homesteads
488
Incidents to the grant as connected with the use intended
489
CHAPTER XVI
490
Creation of covenants
491
Rules of construction
492
What covenants a purchaser has a right to expect
493
Contract for conveyance with usual covenants
495
Contract to convey with warranty
496
Covenants limited to estate actually conveyed
498
Effect and extent of restrictions
501
Conveyances by attorney
502
Covenant for quiet enjoyment
503
Covenant against incumbrances
504
Covenant of nonclaim
505
Covenant of warranty
506
Cancellation of corresponding covenants
507
Statutory deeds
509
Where wife refuses to join
510
Defective covenants Operation and effect
511
Deeds of married women 925
513
Quitclaims
515
CHAPTER XVII
517
Conditions
519
By express reservation 846
520
Continued Classification
521
Operation and effect
523
Construction
524
Creation of conditions
526
Revesting of title
528
Who may take advantage of condition broken
529
Who may perform
530
Conditions in restraint of alienation
531
Continued With respect to persons
533
Continued In connection with prescribed and prohibited uses
534
Continued Intoxicants
535
Conditional limitations
536
Restrictions on use
537
Building restrictions
538
Prohibited employments
540
Enforcement of restrictions
542
Avoidance of restrictions
543
Conveyance for specific use
545
Resume
547
RESERVATIONS AND EXCEPTIONS PAGE 466 Definatory
552
Creation of reservation
553
Construction
554
Certainty an essential
555
Must be grantor
556
Right of way
557
Right of flowage Water privilege
559
Use and occupancy
560
Standing timber
562
Reserved rights lost by disuse
563
CHAPTER XIX
564
Variations and discrepancies
566
Execution in blank
567
Attesting witnesses
569
General principles
571
Method of signing
572
Signature by mark
573
General views Definition
575
Necessity of a seal
576
Method of sealing
577
Omission to seal
579
General principles
581
The theory of delivery
583
Intention the vital principle of delivery
584
Presumption of time of delivery
585
Presumption from recording
586
USE AND OCCUPATION
588
Presumption from possession of instrument
589
No presumption from execution
590
Sufficiency of proof of delivery
591
Delivery to infant
592
Delivery to third person
593
Delivery to take effect after death of grantor
594
Continued Testamentary deeds
595
Deed retained by grantor
597
When grantor will be estopped
598
Revocation and redelivery
599
Delivery in escrow
601
Acceptance
605
CHAPTER XX
607
Who may take
608
Form
611
Venue
612
Date
613
Fact of acknowledgment must be stated
615
Party acknowledging must understand purport of act
616
Conveyances of the homestead
619
Authentication by officer
621
Proof of official character i
622
CHAPTER XXI
625
Effect of registration
626
Equities and equitable interests
627
Forged instruments
628
Registration as affected by defective execution
629
Imperfect description
630
Failure to record by recording officer
631
Instruments recorded in wrong book
633
Failure to index
634
Priority
635
Destruction of record
636
Continued As between the parties
638
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Halaman 44 - A widow shall be endowed of the third part of all the lands whereof her husband was seized of an estate of inheritance at any time during the marriage, unless she shall have lawfully released her right thereto.
Halaman 258 - ... 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...
Halaman 486 - 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.
Halaman 403 - Coke to be the yielding up of an estate for life or years to him who has an immediate estate in reversion or remainder, wherein the estate for life or years may drown jy mutual agreement between them.
Halaman 89 - That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States...
Halaman 282 - And in such event it matters not that after his failure, and the termination of his agency, what he has done proves of use and benefit to the principal. In a multitude of cases that must necessarily result. He may have introduced to each other parties who otherwise would have never met ; he may have created impressions which, under later and more favorable circumstances, naturally lead to and materially assist in the consummation of a sale; he may have planted the very seeds from which others reap...
Halaman 202 - ... 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.
Halaman 206 - If the contract, when executed, is to convey to the purchaser a mere chattel, though it may be in the interim a part of the realty, it is not affected by...
Halaman 39 - Successive estates for life shall not be limited, unless to persons in being at the creation thereof; and where a remainder shall be limited on more than two successive estates for life, all the life estates subsequent to those of the two persons first entitled thereto, shall be void, and upon the death of those persons the remainder shall take effect, in the same manner as if no other life estates had been created.
Halaman 470 - ... where any doubt arises upon the true sense and meaning of the words themselves, or any difficulty as to their application under the surrounding circumstances, the sense and meaning of the language may be investigated and ascertained by evidence dehors the instrument itself ; for both reason and common sense agree, that by no other means can the language of the instrument be made to speak the real mind of the party.

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