A Treatise on the American Law of Real Property, Volume 2Little, Brown, 1876 |
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Halaman vii
... applied both in the American and the English law 642 648 SECTION IV . How powers may be created 650 • SECTION V. By whom and how a power may be executed 657 SECTION VI . Of excessive or defective execution of powers 666 SECTION VII ...
... applied both in the American and the English law 642 648 SECTION IV . How powers may be created 650 • SECTION V. By whom and how a power may be executed 657 SECTION VI . Of excessive or defective execution of powers 666 SECTION VII ...
Halaman 11
... applied in a variety of cases , as where , for instance , an estate was conveyed on condition that the grantee removed a mortgage outstanding upon it , but no time was fixed in which it was to be done , it was held that the condition ...
... applied in a variety of cases , as where , for instance , an estate was conveyed on condition that the grantee removed a mortgage outstanding upon it , but no time was fixed in which it was to be done , it was held that the condition ...
Halaman 22
... applied for an injunction to restrain him.7 23. As a general proposition , therefore , courts will not in- terfere to relieve tenants of estates against the consequences of a breach of a condition affecting them at common law , ex- cept ...
... applied for an injunction to restrain him.7 23. As a general proposition , therefore , courts will not in- terfere to relieve tenants of estates against the consequences of a breach of a condition affecting them at common law , ex- cept ...
Halaman 29
... applied also in Maine . But if the execution be satisfied by a sale of the debtor's equity , the original debtor upon reversing the judgment may recover a judgment against the creditor for the debt , but he cannot avoid the sale of his ...
... applied also in Maine . But if the execution be satisfied by a sale of the debtor's equity , the original debtor upon reversing the judgment may recover a judgment against the creditor for the debt , but he cannot avoid the sale of his ...
Halaman 34
... applied towards satisfying a claim upon it . The pecu- liarity of mortgages is that , while in some States they com- bine the character of lien and estate , in others they form a lien only upon the land.2 A mortgage at common law may be ...
... applied towards satisfying a claim upon it . The pecu- liarity of mortgages is that , while in some States they com- bine the character of lien and estate , in others they form a lien only upon the land.2 A mortgage at common law may be ...
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Istilah dan frasa umum
acquired action agreement Allen applied assignment Bank Barb become benefit Brown called cestui charge claim common law condition Conn contingent conveyance conveyed court covenant created creditor Cruise death debt deed defeat depends devise discharge doctrine easement effect enforce enter entry equity executed existing favor foreclose foreclosure gage give given grant grantor Gray heirs held hold intended interest Iowa Johns judgment land Lead legal estate lien limitation Mass Michigan mort Mortg mortgage mortgagor nature necessary notice Ohio original owner paid Paige parcels parties pass payment Penn performance person Pick possession premises prior purchaser question Real Prop recorded recover redeem redemption remainder rent respect rule seems seisin sell Smith sold Stat statute subsequent tenant tion trust unless vested wife York
Bagian yang populer
Halaman 732 - 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 664 - ... a power coupled with an interest?" Is it an interest in the subject on which the power is to be exercised, or is it an interest in that which is produced by the exercise of the power? We hold it to be clear that the interest which can protect a power after the death of a person who creates it, must be an interest in the thing itself. In other words, the power must be engrafted on an estate in the thing. The words themselves would seem to import this meaning. "A power coupled with an interest"...
Halaman 451 - ... a contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is. limited, die under the age of twenty-one years, or on any other contingency by which the estate of such persons may be determined before they attain full age.
Halaman 548 - The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent.
Halaman 732 - A contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited shall die under the age of twenty-one years, or upon any other contingency by which the estate of such persons may be determined before they attain their full age.
Halaman 404 - GRAY'S INN. 42 ELIZ. I HAVE chosen to read upon the statute of uses made 27 Hen. VIII. a law, whereupon the inheritances of this realm are tossed at this day, like a ship upon the sea, in such sort, that it is hard to say which bark will sink, and which will get to the haven ; that is to say, what assurances will stand good, and what will not.
Halaman 597 - Rule in Shelley's case (a). This rule is propounded in Lord Coke's Reports in the following form — that wherever a man, by any gift or conveyance, takes an estate of freehold, and in the same gift or conveyance, an estate is limited, either mediately or immediately, to his heirs in fee or in tail, the word heirs is a word of limitation, and not of pnrchase(b).
Halaman 748 - ... that the will of the giver, according to the form in the deed of gift manifestly expressed, shall be from henceforth observed ; so that they to whom the land was given under such condition shall have no power to alien the...
Halaman 310 - In such cases, although the covenant or agreement in the deed, regarded as a contract merely, is binding only on the original parties, yet, in order to carry out the plain intent of the parties, it will be construed as creating a right or interest, in the nature of an incorporeal hereditament or easement, appurtenant to the remaining land belonging to the grantor at the time of the grant, and arising out of and attached to the land, part of the original parcel, conveyed to the grantee.
Halaman 748 - In all the cases aforesaid after issue begotten and born between them, to whom the lands were given under such condition, heretofore such feoffees had power to aliene the land so given, and to disinherit their issue of the land, contrary to the minds of the givers, and contrary to the form expressed in the gift; and further, when the issue of such feoffee is failing, the land so given ought to return to the giver or his heir by form of...