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CHAPTER IV.
OF MARRIAGE PER VERBA DE PRÆSENTI IN THE
UNITED STATES.
1, 2. Views of American commentators.
3-8. The doctrine in New York.
9. Maryland.
10. New Jersey.
11. Pennsylvania.
12. California.
13. Ohio.
14. Louisiana.
15, 16. Kentucky.
17. Alabama.
18. Texas.
19, 20. Massachusetts.
21-24. Maine.
25-27. New Hampshire.
28. Tennessee.
29, 30. Vermont.
31. Mississippi.
32. North Carolina.
33, 34. Rule as held in the Supreme Court of the United States.
CHAPTER V.
OF MARRIAGE PER VERBA DE FUTURO CUM COPULA.
§ 1, 2. Distinction between marriage per verba de præsenti and per verba de futuro
2-4. Doctrine of the ancient text-books.
5, 6. Tendency of the modern English authorities.
7. Views of American text writers.
8. Analysis of the authorities.
9, 10. Incidents of the irregular marriage in England.
105-112
11, 12. Inapplicability of the English doctrine in the United States.
CHAPTER VII.
OF MARRIAGES VOID IN LAW..
113-133
1, 2. Marriage de facto and marriage de jure.
3, 4. Matters which render a marriage void.
5-15. Prior marriage undetermined.
16, 17. Idiocy
18-20. Lunacy.
21. Duress.
22-27. Fraud.
28. Error.
29. Marriage induced by duress, fraud, or through error, at the option of the
11-17. When marriage within the age of consent confers dower.
18. Impotence.
19. Effect of decree of nullity.
20-23. Rule as to foreign marriages.
52. American statutory modifications of the common law considered.
53. Naturalization in the United States.
54-58. Naturalization in the United States prospective only.
59-61. What persons can not become citizens.
2, 3. The estate must be one that the issue of the wife might inherit.
4. Not necessary that the wife should have issue.
5. It must confer a right to the immediate freehold.
6, 7. Incorporeal hereditaments governed by the same rule.
227-248
8, 9. The husband must be vested with the freehold and inheritance simul et
semel.
10. There must be no intervening freehold estate.
11, 12. Intervening chattel interest no impediment to dower.
13-15. Determination of the intermediate estate during the coverture gives dower.
16-34. Effect of intervening contingent freehold remainder.
35. The vesting of such remainder defeats dower.
36, 37. Effect of intervening possibility.
CHAPTER XII.
OF SEISIN AS A REQUISITE OF Dower.
1. The general doctrine.
2-5. Nature and incidents of seisin.
6-11. Seisin in the United States.
12-15. Mere right of entry insufficient to give dower at common law.
16. Judgment alone against disseisor inoperative to confer seisin.
17. Execution served by the heir insufficient to give dower.
18. Necessity of actual entry abrogated by statute in England.
19-21. The doctrine in the United States.
VOL. I.-b
249-279
22-23. Effect of death of bargainee before enrolment.
24-26. Seisin in law sufficient to give dower.
27. Conveyances under the statute of uses.
28. Shifting uses.
29. Doctrine of uses in the United States.
30. Seisin of incorporeal hereditaments.
31, 32. Tortious seisin.
33. Joint seisin.
34, 35. When rendered sole by relation.
36-38. Transitory seisin.
39-46. Conveyance and simultaneous reconveyance by mortgage.
47, 48. Requisites of the rule making such seisin transitory.
49. Instantaneous seisin.
CHAPTER XIII.
DOWER IN ESTATES IN FEE SIMPLE, FEE TAIL, AND
ESTATES ACQUIRED BY EXCHANGE.
1. Dower in estates in fee simple.
2-6. In estates in fee tail.
7-11. In estates acquired by exchange.
12-14. Effect of the determination of estates by natural limitation.
. 281-288
CHAPTER XIV.
DOWER IN DETERMINABLE ESTATES.
1. The maxim cessante statu primitivo essat derivativus.
2. Dower in defeasible estates.
3-5. In estates upon condition.
6-8. In base and qualified fees.
9-12. In estates determinable under power of appointment.
13, 14. In estates determinable under collateral limitations.
. 289-333
15-38. In estates determinable under conditional limitations, or by executory
devise.
CHAPTER XV.
DOWER IN ESTATES IN REMAINDER AND REVERSION. 335-357
1-6. The general doctrine.
7, 8. Lands subject to prior right of dower.
9-18. Rule where the estate comes by descent.
19. Rule where the estate is acquired by devise.
20. Illustration of the doctrine.
21, 22. Release or extinguishment of the elder right.
23-26. Rule where the estate is acquired by purchase.
CHAPTER XVI.
DOWER IN ESTATES IN JOINT TENANCY, COPAR-
CENARY AND COMMON.
1-5. The rule at common law as to estates in joint tenancy.
6-12. Statutory modifications in the United States.
13-17. Dower in estates in coparcenary and common.
18-33. Effect of sale in partition.
CHAPTER XVII.
DOWER IN ESTATES NOT OF INHERITANCE.
1-5. Rule at common law as to estates for life.
6-9. Rule in the United States.
10-18. Dower in estates for years.
19. In estates at will.
20, 21. In wrongful estates.
335-357
. 359-372
1, 2. At common law estate of cestui que use not subject to dower.
3. The Statute of Uses.
4-17. Dower in estate of cestui que trust.
18. Statute 3 & 4 Will. IV., chap. 105.
19-25. Rule in the United States.
26. Reversionary estate of cestui que trust.
27, 28. Disseisin of cestui que trust.
29-35. Estate of trustee.
383-412