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ADVERSE POSSESSION—continued.

cannot be founded on a void one, 356.

nor upon one founded in fraud, 356.
possession of one tenant in common the possession of both, 356.
must be an ouster to enable one to sue his companion, 357.
benefit of, lost by a recognition of the owner's title, 357.
rule as between landlord and tenant, 357.
effect of statute of limitations upon rights, 351, 358.
disabilities which prevent the statute from running, 358, 359.
when statute begins to run, 359.
successive disabilities not allowed, 359, 360.
when feme covert entitled to 10 years extra, 360.
conveyance of land, held adversely, void against the party so holding, 360.
good as to all the world besides, 360.
purchase of lands held adversely, void, 371.

when a misdemeanor, 371.
AIR,

man who erects a building on his own land entitled to, 218, 219.
not subject of grant, 219.

remedy for obstructing, 219.
AGREEMENTS, EXECUTORY,

when extinguished, 304, 305, 306.
must, for sale of land, be in writing and subscribed by party or his attorney,

375, 376.
ALIEN,

his right at common law, 45.

by statute, on filing affidavit, 45, 46.
under law of descent, 318, 319, 320. See DESCENT.

as devisee, 477, 502. See DEVISE.
ALIENATION,

an inseparable incident of an estate in fee simple, 51.
power of, when suspended, void, 164, 279, 280.
mode of, Part III., 312 et seq.

title by, 369 et seq.
ALLODIAL,

mode of holding land in this state, 42.
ALTERNATE ESTATES,

definition of the term, 169.
AMBIGUITY,

of two kinds, patent and latent, 402.
how explained and defined, 402.
if patent, cannot be explained, 402.
latent, may be removed by proof, 402.

maxims with respect to, 402.
ANCESTOR,

may bind the heir for debts, 339.
ANCIENT LIGHTS,

not allowed by prescription here, 349.
WILL.—42

ANNUITIES,

meaning of the term, 203.

wherein it differs from rent, 203.
ANTE-NUPTIAL AGREEMENTS,

by what rule governed, 286.
lex loci considered, and cases referred to, 286, 287.
husband and wife should join in the articles, 288.
so should the trustee, 288.
how made without a trustee, 289.
what constitutes a general and beneficial power in the wife, 289.
trusts in, may be so created as to render property inalienable, 290.
policy of, doubted, 290.
should be made by parties able to contract, 291.
objection of infancy cannot be made by trustee, 291.
husband bound to support his wife, notwithstanding the settlement, 291.

See MARRIAGE SETTLEMENTS. Post-NUPTIAL AGREEMENTS.
ANTICIPATION,

provided against in marriage articles, 283.

provision with respect to, in the Revised Statutes, 283, 284.
APPOINTMENT. See POWERS, 265.
APPORTIONMENT

of rent, how and when made, 210, 211.
of commons, when, 191.

of incumbrances, 301.
ATTAINTED,

of treason, &c. cannot inherit, 322.
ATTESTATION,

of deed when required, 386, 387.

of wills, and the clause to be added, 485, &c. See DEVISE.
ATTORNEY,

deed executed by, how acknowledged, 393. See POWERS OF ATTORNEY.
ATTORNMENT,

of tenant to a stranger, void, 82.
ARTICLES OF AGREEMENT,

for sale of land, must be in writing, contain the consideration, and be sub-

scribed by the party or his attorney, 375.
will be enforced in equity, 375.
should contain the contract truly, 375.
need not be under seal, 376.
authority of the agent may be by parol, 376.

may be written with a lead pencil, 380.
ASSIGNMENT,

of a mortgage, good by parol, 113.
assignee takes subject to all the equities of mortgagor, 113.
assignee of a mortgage, a purchaser, 122.
for benefit of creditors, valid, as trusts, 236, 237.

ASSIGNMENT-continued.

how defined, and operative words of, 439.
must be in writing when it relates to lands, 439.

what may be assigned, 439, 440.
AUNTS

of intestate, when to inherit, 333.
AWARD,

when an extinguishment of cause of action, 304.

BANKS

are a franchise, 200.

rights of, 200. See FRANCHISE.
BARGAIN AND SALE,

still used as a deed, 423, 441. See DEED.
BASE OR QUALIFIED OR CONDITIONAL FEES, 51, 54.

how conditional, may become absolute, 54.
BASTARDS,

how defined, when cannot inherit, 318.

may take by devise, 474.
BEASTS,

what are commonable on highways, 192.
BOUNDARY

of land on a stream or highway, how far it extends, 220, 221, 405, 405.
BUILDING,

so as to overlook adjoining owner's privacy, remedy for, 219.

CATTLE,

when allowed to depasture the highway, 192.

horses, cattle and sheep, but not swine, 192.
CESTUI QUE TRUST,

meaning of, and his power, 237.
CESTUI QUE USE,

meaning of, and his power, 229. See USES AND TRUSTS.
CESTUI QUE VIE,

when absent seven years, presumed to be dead, 99.
CHARGE,

upon real estate, by will, 343, 521, 522, 556. See DEVISE.
the residuary clause in a will not alone sufficient to create a charge, 522, 523.

an incumbrance in the hands of devisees, 343.
CHARITIES,

when devises to, by a party having a husband, wife, parent or child, void,

501.
CHILDREN,

posthumous, provided for, 171.
when to inherit, 318, 327.
who are included in a devise, 512.

CITIZEN,

every natural born, entitled to inherit, &c. 44. See NATURALIZATION. ALIEN.

DESCENT.

difference between, and a denizen, 321.
CODICIL,

included in term wills, and to be executed with the same solemnities, 491.
it need not be annexed to the will, 499. See DEVISE.

to be construed as part of the will, 504.
COLLECTOR'S BONDS,

a lien on the lands of the collector and his sureties, 154, 155, 535.
COMPUTATION

of time, by Gregorian style, 81.

from and to a particular day, 81.

when exclusive and when inclusive, 81.
CONDITION,

estates upon, 100 et seq.
meaning of the term, 100.
by what words created, 101, 102, 520.
may be express or implied, 100, 101.
distinction between condition and limitation, 102, 520.

between condition and covenant, 102.
cannot be reserved to a stranger, 103.
when void, 103.
repugnant, impossible, and illegal, 103, 431.
against alienation of the estate, when void, 104.
precedent, and subsequent, by what words created, 105, 520, 542.
conditions subsequent, not favored, 105.
courts lean against forfeitures, 106.
performance, and what will excuse it, 106.
condition in lease against assigning, when good, 107. See MORTGAGES.

conditional limitations, 170.
CONFIRMATION,

how defined, and by what words created, 437.
COMMONS,

nature of the right, 190.
common, appendant, and appurtenant, and in gross, 190.

of pasture, and of estovers, 190, 191.

of turbary and piscary, 190, 191.
grantee of common in gross, may alien it, 191.
in public highways, 192.
extends only to cattle, horses and sheep, 192.
how extinguished, 193.
how revived, 193.
remedy for disturbance, 193.

when apportioned, 191.
CONSANGUINITY,

lineal and collateral, defined, 317.
mode of computing degrees, 317.

CONSIDERATION

to create a resulting trust, 236.
must be expressed in articles of agreement for the sale of land by the

statute of frauds, 375.
of two kinds, good and valuable, 379. .
definition thereof, 379, 380.
advisable to insert it in the deed, though not indispensable between the

parties, 379.
necessary for a deed of bargain and sale, 441.

need not be expressed in the deed, though usual and advisable to do so, 442.
CONSTRUCTION

of deeds, 401 et seq. See Deed.
CONTINGENT REMAINDER, 168. See REMAINDERS.
CONTRIBUTION,

among co-tenants for repairs, 188.
CONVERSION

of land into money, 261.

of money into land, 261.
CONVEYANCES. See DEED. LEASE. ASSIGNMENT et seq.

should be acknowledged, &c., 122.
can transfer no more than grantor has, 54.
when void, 360.

different kinds of, 371, 372.
CONVEYANCER,

should insert in lease covenants in relation to the destruction of buildings

by fire &c., 83, 210.
so as to fixtures, 83, 84, 89.

to manure, 84.
his duty in framing trusts in marriage settlements, 281.
should follow the language of the statute, 281.

provide for various contingencies, 281, 282.
how far back title, should be deduced, 314, 315.
in determining value of estate descended, should inquire for incumbrances,

charges, advancements &c., 337, 338.
duty as to searches, 339, 343.
should be familiar with the doctrine of adverse possession, and reasons for

it, 360.
his duty, when grantor is deaf, dumb or blind, 376, 377, 382. See DEED.

as to subscribing witnesses, 388.

alterations, erasures &c., 401.
words of limitation in deed, 408.

duty as to covenants, 412, 418, 419, 427, 430.
correct forms should be followed, 423.
what covenants are usually inserted, 429 et seq.
form of deeds on sale of intestate's estate, by order of surrogate, 450.
duty in investigating a title under sheriff's sale, 458.

in drawing a will, 483, 484, 486, 487, 488, 490, 491.

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