CONVEYANCER-continued. with reference to drawing wills, 508, 511, 525. CONVICTS, when and for what crime excluded from inheriting, 322. in what cases at common law, 177. does not exist in this state, 177. CORPORATION, when allowed to hold land, 46. when it takes a fee, 46. by what words, 46. not dissolved ipso facto by sale of its property, 149. some decree of court necessary, 149. religious, how created, 240, 241. power to convey land, 377. may be grantees, when their charter permits, but not otherwise, 378. deed, how executed by, 383, 384. how proved or acknowledged, 393. how permitted to alien their lands, 445, 446. when permitted to hold by devise, 475, 476. See DEVISE. COUNTY COURT, its jurisdiction on sale of lands by married women, under act of 1860, 453. COURT OF CHANCERY abolished, and supreme court takes it place, 248. COVENANTS, which run with the land, 205, 207, 415, 416. how defined, 411. of two kinds, express and implied, 411. implied, how far abrogated by R. S. 411, 412. usual ones inserted in deeds, 412. what run with the land and what do not, 412, 416. of seisin, broke when made, 412. measure of damages for breach of it, 413. against incumbrances, when broke, 413. for quiet enjoyment, 413, 414, 415. goes to the possession, 414, 415. rule with respect to covenants running with the land, 414. list of them stated by Cowen, J. 416. such covenants relate to the land, 416. for further assurance, duty of parties with respect to, 417. who can enforce such, 418. in leases, usual covenants, 426, 427, 428. effect of destruction of buildings by fire, 428. for rebuilding &c., run with the land, 428. no implied covenant that landlord should repair, 427. COVENANTS-continued. with respect to repairs, should be inserted, 429. to pay taxes &c., quiet enjoyment, 430. not to assign or underlet, 430, 431. when in restraint of alienation, void, 431. quarter sales when void, 431. right of re-entry for non-payment of rent, 431. to stand seised to uses, obsolete, 440. COVERTURE, disability of, as to devising land, 473. See MARRIED WOMEN. may compel executors, and administrators to apply to the surrogate for or- der to sell land to pay debts of the deceased, 342, 343. his right to redeem land sold by execution, 460. mode of such redemption, and effect of deed, 460. CROSS REMAINDERS, how defined, 173. do not exist now by that name, 173. CURTESY, an estate for life, how defined, 58. requsites to create the estate, 58. what seisin in the wife necessary, 58. marriage, a legal one necessary, 58. persons capable of enjoying the estate, 59. effect of the laws of 1848, 1849 and 1860, 59, 60. conflicting decisions on, 59, 60. may be in a rent charge, 209. party may make a lease for his own life, 432. DEATH D of cestui que vie, when presumed, 99. of principal, when a revocation of a power of attorney, 270. DEBTOR, by judgment, how long entitled to redeem his lands, sold under execution, DEBTS of ancestor, an equitable lien on his realty, 339. personal estate the primary fund to pay them, 339. heirs, when and how far liable for, 339. DEDICATION, meaning of the term, 223. extends to streets, highways, public squares, burying grounds, 223, 226. may be express or implied, 223. by grant, estoppel, or adverse enjoyment, 223, 224. laying out lots bounded on streets or alleys, amounts to, 224. DEDICATION-continued. DEED, must be adopted by the public, by user or otherwise, to be effectual, 224, a user of twenty years evidence of acceptance and of a grant, 225. applies to rivers, as public highways, 225. need not be by deed or grant, 227. how it differs from prescription, 349. recitals in, estop parties, 366, 367. general recitals cannot control plain words, 366, 367. See ESTOPPEL. how defined, and the different kinds at common law, 372. by statute, 375. poll, and indented, 372. modern practice with respect to, 372. must be acknowledged before the proper officer, 373. See ACKOWLEDG- MENT. can convey no more than grantor has, 374, 421, 422. devests title of grantor and vests it in grantee, 375. ten requirements essential to a deed, 376. First: parties to it, must be natural persons, 376. grantors must be of full age, 376. of sound mind, 376. not under disability, 376. how made by persons born deaf and dumb, 376. not by idiots or lunatics, 377. definition of idiocy and lunacy, 373. See IDIOT. LUNATIC. Second: consideration, not indispensable at common law, 378. advisable to have one and to express it in deed, 378. voluntary deed, when void, 378. consideration of two kinds, good and valuable, 379. definition of them, 379, 380. Third: writing on paper or parchment, 380. with pen and ink, 380, 381. Fourth must contain proper words, legally and orderly set forth, 381. there are seven, 381, 382. Fifth: reading, if it be desired, 382. if party blind or illiterate, 382. Sixth subscribed and sealed, 382. meaning of the word sealing, 382. must be an impression on wax or wafer, 382. in what cases an impression on the paper alone is sufficient, 383. how executed by corporation, 383. Seventh must be delivered by party or his attorney, 384. mode of delivery explained, 384. need not be delivered, if by a corporation, 384. should be delivered to grantee, 385. DEED-continued. or to a stranger for his benefit, 385. good between the parties without, 386. when witnesses are required, 386. must have been present at the execution, 387. where no subscribing witness, how proved, 387. should be credible persons, 388. Ninth should be acknowledged before a proper officer, 388. how acknowledged by a corporation, 393. by an attorney, 393. by non-residents, 393. certificate of officer requires no proof of its genuineness, 395. when subscribing witness is dead, how proved, 395. Tenth must be recorded in the county where the lands lie, 395, 548. when certificate of county clerk to acknowledgment necessary, 396. the defeasance also in same book, 398. when doubtful as to which book, it may be recorded in both, 399. taking the acknowledgment is a ministerial act, 399. how avoided by matter ex post facto, 399. when by erasure, alteration, &c. 400. alteration, &c. should be noted by the witness or the acknowledging rules as to construction, 401, 402, et seq. intention to be sought, 402. ambiguity, patent and latent, explained, 402, 403. which bears more than one construction will be construed most strongly when equivocal, grantee to elect, 403. construction of grant is matter of law, 404. when void for uncertainty, 404. how land may be described, 405. with respect to boundaries on rivers and highways-the center is the line, practical location, effect of, 406. how far acquiescence in an erroneous line binds, 407. by what words different estates are created, 407. the word "heirs" not indispensable to create a fee, 407, 408. as to words necessary to create an estate for years or at will, or an estate in usual covenants in deeds, 415, 416. See COVENANT. the several kinds of deeds, 419 et seq. DEED-continued. feoffment, 420. grant, 421. difference between feoffment and grant, 420-422. bargain and sale, the usual mode of assurance, 441. rent may be reserved in a bargain and sale in fee, 442. deed to lead uses, or revoke them, 444. on sale of infant's estates should recite the proceedings, &c., 449. by sheriff, at the expiration of fifteen months from the sale, 460. relates back to the time of sale, 460. of the party by whom the deed should be made, and who should pay the DEFEASANCE, defined, and how it differs from a condition, 440. need not be executed at the same time as the deed, 440. if it relate to a deed, it must be under seal, 440. DEFEASIBLE ESTATES described, 54. DELIVERY of a deed, 385, 386. See DEED. DESCENT, title by, defined, 316. who capable of taking by, 317, 318. and who not, 318. not essential that the heir should be born during lifetime of the parents, 318. See ALIEN. BASTARD. ILLEGITIMATES. HEIRS. CHILDREN, POSTHUMOUS. law of descent before 1830, 323, 324. possessio fratris, rule with respect to, 324, 325. who has such an estate as to constitute a stock or stirps of descent, 325. first rule of descent, 326, 327. persons embraced in the rule, 326. alterations from the former rule, 326. not necessary that the ancestor should have been the person last seised, 326. rule at common law excluded parents, 327. rule changed so as to include them, 327. when immediate descent to children is suspended, 327, 328. effect of act of 1860, see note, 328. second rule of descent, 328, 329. the like at common law, 328. |