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

Sampul Depan
Callaghan, 1902 - 1322 halaman
 

Halaman terpilih

Isi

Houses and buildings
9
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
THE TITLE
58
Description with estimated quantity
61
CHAPTER XXXIII
62
Tax titles
64
PAGE
73
How affected by death of partner
78
General principles
80
309
81
Assignors
84
737
86
Married women
92
Husband and wife 93 35
93
605
95
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
Telegrams
137
Continued Undelivered deeds
138
CHAPTER IV
141
When construction is for the court
143
ACTIONS FOR THE PURCHASE MONEY ART I VENDORS ACTION FOR PRICE 896 General principles 1060
149
Payment of money into court 1064
150
Fraud 1067
151
Defective title Executed contract 1069
166
840
177
Effect and extent of the lien 808
181
CHAPTER V
187
845
196
153
200
165
209
Fraud
212
Memorandum for sale of partnership lands
215
Judgments against vendor
218
Damages for breach of parol agreement
228
Duty of repairing buildings
229
Vendees possession not adverse
235
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
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
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
Concurrent remedies 836
324
Notice from registration
325
Recitals in deeds
326
Inquiries in pais
327
Notice of unrecorded instruments
328
The theory 840
334
CHAPTER X
347
When contract has been assigned
348
774
355
CHAPTER XI
359
General principles
370
When vendor must first offer to perform
378
Effect of indulgence
385
Relief in equity
393
PART III
396
778
397
341
404
CHAPTER XIII
416
Deed construed as a mortgage
431
922
435
381
453
Continued Where grantor is without title
459
Exception of highway
460
CHAPTER XV
471
CHAPTER XVI
490
BY CONTRACT
493
No presumption from execution
497
Covenant for quiet enjoyment
503
Gifts and donations
510
CHAPTER XVII
517
By express reservation 846
520
Operation and effect
523
Who may take advantage of condition broken
529
Continued Intoxicants
535
461
542
RESERVATIONS AND EXCEPTIONS
552
868
557
Right of flowage Water privilege
559
CHAPTER XXXII
564
General principles
571
Resulting trusts
575
490
581
USE AND OCCUPATION
588
By husband and wife
598
General principles
603
927
605
General principles
607
Purchaser by quitclaim
613
CHAPTER XXI
625
Parol gifts
631
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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