RAIL ROADS, R have a right to borrow money, 147. to mortgage their estate and franchises, 148. not dissolved, ipso facto, by sale of its property, 149. RATES, TAXES AND ASSESSMENTS. See TAXES, 430. its nature, quality, &c. 47. when the primary fund, 146. mode of alienation of, 312 et seq. See DESCENT. PURCHASE. charge made upon, by will, 343, 521, 522. lien upon by judgments, 455. is the subject of a devise, 478. of title of the owner, when a bar to an adverse holding, 357. when it is an estoppel, 364. See ESTOPPEL. RECOVERIES and fines, abolished, 373. RELEASE, how defined, and the different kinds, 436. operative words in, 437. RELIGIOUS CORPORATIONS, how created, 240. what trusts they may execute, 242. how permitted to alien lands, 445, 446. when devises to, void, 500, 501. REMAINDER, how defined, 156, 157. needs no precedent estate, 157. otherwise at common law, 158. vested and contingent, 158. meaning of those terms, 158, 159. contingent remainder may be created by will or deed, 160. cases to illustrate the rule, 160, 161, 162. may be created in a term of years, 164. REMAINDER-continued. an estate for life may be limited on a term of years, 164. contingent remainder in fee may be limited on a prior remainder in fee, 164. void when it suspends power of alienation, 164. cannot be suspended by condition or limitation, 164, 165. limited on chattel interests, 167, 168. freehold may be created in futuro, 168. the like as to chattel interests, 168. contingent, limited to persons not in being, 168. limited on a condition subsequent, 170. conditional limitations, 170. to posthumous children, good, 171. REMITTER, defined and distinguished from merger, 298. REMOVAL OF TRUSTEES, by supreme court, 246. for what causes, 246. RENEW, RENT, covenant to, sometimes inserted in lease, 430. it runs with the land, 430. See MERGER. does not imply that the same covenants should be inserted in the new lease as in the old, 430. it should be provided for, 430. meaning of the term, 203. three kinds at common law-rent service and rent charge, 204. covenant to pay runs with the land, 205. whether the lease be for years, for life or in fee, 205, 206. effect of statute quia emptores, 206. whether ever in force in this state, 207. under a durable lease or grant in fee, runs with the land, 207. usually reserved on leases, but may be on grants in fee, 208. cannot be reserved to a stranger, 208. rent charge subject to dower and curtesy, 209. lost by eviction, 209. what amounts to an eviction, 209. reserved to the deceased, and which has accrued at his death, belongs to a physical eviction by the landlord not indispensable to relieve the tenant constructive eviction explained, 210. when destruction of the building by fire, absolves the tenant, 210. RENT-continued. remedies for non-payment, 212, 213, 217. when rent suspended, or extinguished, 217, 218. RENT CHARGE, how defined, 207. may be reserved in a deed in fee, 207, 425. covenant to, inserted in leases, 429. of trustee, when allowed, 245. when permitted by statute, 245, 246. consequences of, 246. what circumstances sufficient to authorize a resignation, 246, 247. of wills, how made, 493, 499. See DEVISE. of two kinds, express and constructive, 499. RESERVATION of rent, in leases and in deeds, 208, 442. when in deeds in fee, called durable leases, 208. RESIGNATION of trustee, when allowed, 245. RESULTING TRUSTS, how defined, and when allowed, 234, 235. See Trusts. destroys it as an estoppel, 365. REVERSIONS, arise from construction of law, 174. how defined, 174. how they may lose their qualities, 175. incidents of fealty and rent, 175. rent may be separated from, 175. grant of, carries the rent, 175. expectant on a freehold not subject to dower or curtesy, 176. remedies for injury to, 176. owner of, may defend suits, 176. REVIVAL of revoked will, rule at common law, 498. how changed by statute, 498, 499. REVOCATION of power of attorney, when may be made and when not, 267, 269. how revoked, and by whom, 267, 269. when, by death of the principal, 270. of devises. not to revive a former will, 498, 499. RIGHT OF COMMON. RIGHT OF ENTRY, meaning of, 352. See COMMON. of reversioner, not affected by the statute of limitations, 360. nor of the remainderman, 360. RIGHT OF WAY, may be claimed by grant, 194. prescription, 194. reservation, 194. necessity, 194. See WAYS. RIPARIAN OWNER, rights of, considered, 220. RIVERS, right to private ones, to the center of the stream, 220, 221, 404, 405. S SALE, SEAL, of real estate, makes the vendee a trustee of the vendor for the unpaid pur- by sheriff, under a judgment and execution, 454, 455. a deed executed by several, need have but one seal for all, 271. if it is adopted as the seal of all, 271. meaning of the word sealing, 382. must be wax or wafer, and an impression, 382. in what cases an impression is sufficient, 383. for incumbrances, how far back to be made, 527. the kind of incumbrances, 529, 530, 536, 544. SEISIN, a term not applicable to estates for years, 81. SETTLEMENT. See MARRIAGE SETTLEMENTS, 272 et seq. SHELLEY'S CASE, rule of, formerly law in this state, 166. SHERIFF, the officer to sell under executions, 455. personal property the primary fund, 457. mode of conducting the sale, 457, 458. evidence to sustain a title under such sale, 458. an irregularity of the sheriff will not prejudice the title, 458. redemption by judgment debtor, 458. by a creditor, 460. when sheriff to give deed, and its contents, 460, 462. See APPENDIX. purchaser entitled to, by the old English practice, 527. a shorter period in this state, 527, 528. SPECIAL OCCUPANT, 'who might be, at common law, 57. how changed by statute, 57. SPECIFIC PERFORMANCE, of contracts, doctrine of, 543. practice of courts of equity, 543, 544. courts never enforce a gratuitous bargain, 544. STAMP, on the paper, when used for a seal, 383. by what officers, 383. STATUTE RELATIVE TO DEEDS. 1 R. S. 738, § 136 et seq. considered, 369 et seq. See DEED. LEASE. STATUTE OF DESCENTS. 1 R. S. 750 et seq, considered and treated of, 326 et seq. 2 R. S. 56 et seq. considered and treated of, 472 et seq. STATUTE RELATIVE TO DOWER. 1 R. S. 740 et seq. considered and treated of, 61 et seq. STATUTE OF FRAUDS, requires a lease for a longer term than a year to be in writing, 80, 81. contract for sale of land to be in writing, and subscribed by party or his |