A Treatise on the American Law of Real Property, Volume 2Little, Brown, 1876 |
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Halaman 26
... give point to an antithesis , " between a condition and a conditional limitation there is this difference : a condition respects the destruction and determination of an estate ; a conditional limitation relates to the commencement of a ...
... give point to an antithesis , " between a condition and a conditional limitation there is this difference : a condition respects the destruction and determination of an estate ; a conditional limitation relates to the commencement of a ...
Halaman 27
... give effect to the second.1 31. But under the rules applicable to estates by devise , and those taking their effect by the doctrine of uses , an estate might be created in favor of A B and his heirs , which , upon the happening of some ...
... give effect to the second.1 31. But under the rules applicable to estates by devise , and those taking their effect by the doctrine of uses , an estate might be created in favor of A B and his heirs , which , upon the happening of some ...
Halaman 30
... give greater force and effect to this and similar pro- visions , the judgment became a lien upon his debtor's land , which he could enforce at any time , into whosesoever hands the lands might have come.1 The law relative to estates by ...
... give greater force and effect to this and similar pro- visions , the judgment became a lien upon his debtor's land , which he could enforce at any time , into whosesoever hands the lands might have come.1 The law relative to estates by ...
Halaman 35
... give up possession upon the payment of the balance of the same . It was held to be a mortgage which A might foreclose against B.2 And in an- other case , A made a deed to B , and in it was inserted a con- dition that the deed was to be ...
... give up possession upon the payment of the balance of the same . It was held to be a mortgage which A might foreclose against B.2 And in an- other case , A made a deed to B , and in it was inserted a con- dition that the deed was to be ...
Halaman 39
... give up the land . And finally , in the reign of Charles I. , it became settled that the payment or tender after the day should have the same effect in saving the estate of the mortgagor from forfeiture as if done before the day of ...
... give up the land . And finally , in the reign of Charles I. , it became settled that the payment or tender after the day should have the same effect in saving the estate of the mortgagor from forfeiture as if done before the day of ...
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Istilah dan frasa umum
agreement Allen applied assignment Bank Barb cestui que trust claim common law condition broken Conn contingent remainder conveyance conveyed Coote court court of equity covenant created creditor Cruise Cush debt debtor decree deed defeat devise doctrine easement enforce entry equity of redemption executed executors favor Fearne feoffee foreclose foreclosure freehold gage gagor grant grantor Gray Greenl heirs held holder interest Iowa Johns judgment land legal estate lien limitation Mass mort Mortg mortgage-debt mortgaged estate mortgaged premises mortgagee's mortgagor notice Ohio owner paid Paige parcels parol particular estate parties payment Penn person possession power of sale Prest prior purchase-money purchaser Real Prop redeem rent resulting trust rule second mortgage seised seisin servient estate Smith sold Spence Stat statute subrogated subsequent Sugd take effect tenant thereby tion vested Wend
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...