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CASES REPORTED IN FULL.
VOL. VI.
Clements v. Philadelphia Co., 184 Pa. St. 28.
Flanders v. Aumack, 32 Or. 19.
Gehlen v. Knorr, 101 Ia. 700..
McColgan v. Baltimore Belt R. Co., 85 Md. 519.
Place v. St. Paul Title Insurance & Trust Co., 67 Minn. 126..
210
704
739
308
400
SYNOPSIS OF CONTENTS.
SECTIONS.
ABSTRACTS AND ABSTRACTERS.
I Definition and purpose of an abstract of title.
2 What an abstract should contain.
3 Duties of abstracter-Legal knowledge required.
4 Period for which title should be shown.
5 Nature of liability of abstracter.
6 Liability of abstracter for negligence, fraud or mistake.
7 Liability of abstracter-Measure of damages.
8 Limiting liability of abstracter.
9 Liability of public officers examining titles.
10 Duty and liability of attorney examining an abstract.
II To whom an abstracter may be held liable.
12 Action against abstracter-Miscellaneous notes.
13 When action against abstracter must be commenced.
14 Who must furnish abstract.
15 Time of delivering the abstract.
16 Examination of abstract and removal of defects in the title.
17 Sufficiency of abstract between vendor and vendee.
18 Ownership of abstract.
19 Use of abstract as evidence-Supplying lost or destroyed records.
20 Requiring abstract of parties to real actions-Statutory provisions.
21 Right of abstracter to use public records-Common law principles.
22 Right of abstracter to use public records-Statutory provisions.
23 Power of officer to regulate the use of records-Charging fees.
24-45 Statutory provisions-Compilation of the statutory provisions
of the several states and territories, regulating the preparation
and furnishing of abstracts of title, and prescribing the du-
ties and liabilities of persons engaged in that work.
ABUTTING OWNERS.
46 Right of abutting owner to use street-Remedies for special in-
juries.
47 Railroads in streets.
48 Railroads in streets-Recovery of damages by abutting owner.
49 Railroads in streets-Damages recoverable by one not owning the
fee.
50 Railroads in streets established by dedication.
51 Street railroads.
52 Elevated railroads.
53 Shade trees.
54 Change of grade-Municipal liability-Measure of damages.
55 Change of "natural grade" of street-Municipal liability.
56 Vacation of street or highway.
57 Assessments against abutting owners for municipal improvements
-Constitutionality of frontage system of assessments.
ACKNOWLEDGMENTS.
58 Necessity of acknowledgment-Sufficiency and conclusiveness of
certificate.
59 Who may take acknowledgments.
60 Acknowledgments by married women.
61 Statutes curing defective acknowledgments.
ADVERSE POSSESSION.
62 As to what constitutes adverse possession.
63 As to what constitutes adverse possession-Possession by en-
closure.
64 Extent of possession without color of title.
65 Extent of possession under color of title-Conflicting patents.
66 Color of title-Necessity of-What constitutes.
67 Title by-General principles-Who may acquire.
68 Title by-Character of title acquired.
69 Title by-What property may be acquired.
70 Title by-Elements necessary-Particular cases.
71 Title by-Occupancy required-Rule where lands are barren and
unproductive.
72 Title by-Payment of taxes.
73 Title by-Time necessary.
74 Title by-Tacking possessions.
75 Interruptions of adverse holding.
76 Public property.
77 Landlord and tenant-Tenants in common.
78 Vendor and vendee-Mortgagor and mortgagee-Husband and
wife.
79 Sale of land in the adverse possession of another.
ALIENS.
80 Rights of aliens as to real estate-Statutes construed.
81 Power of alien corporations to acquire real estate.
ASSIGNMENTS FOR CREDITORS.
82 Constitutionality and construction of statutes.
83 Extra-territorial force of assignments and assignment laws.
84 Validity of assignments.
85 Formal requisites-Construction.
86 Preference of creditors.
87 Rights of creditors.
88 Title, rights and liabilities of an assignee.
89 Rights of purchaser at an assignee's sale to assail prior incum-
brance for fraud.
BONA FIDE PURCHASER.
90 As to what constitutes-General principles.
91 As to what constitutes-Particular cases.
92 Purchasers at execution or judicial sales.
93 Pendente lite purchasers.
94 Purging equities-Knowledge sufficient to put one on inquiry.
95 Agreements fixing.
BOUNDARIES.
96 Establishing boundaries by erection of fences and buildings.
97 Establishing boundaries by acquiescence and estoppel.
98 Proceedings to establish boundaries.
99 Rules for determining boundaries-Locating lost corners.
100 Streams and waters as boundaries.
102 Streams as-Grants by United States-Title to islands.
103 Monuments, courses and distances-Surveyor's stakes.
CHARITABLE USES.
104 Conveyances for-Who may take-Definiteness required.
105 Conveyances for-Validity-Perpetuities.
106 Administration of charitable uses-Duties and powers of trustees
-Power of court.
107 Reversion of property upon abandonment of the trust.
108 Church controversies-Title to property.
COMMUNITY PROPERTY.
109-116 Recent constructions of, and amendments and changes made in the statutes of the several states and territories since the compilation on this subject contained in Vol. III, Secs. 70-87; Vol. IV, Secs. 68-71; Vol. V, Secs. 65-69.
CONTRACTS.
117 Validity of contracts-Public policy.
118 Validity of contracts-Gambling and usurious contracts.
119 Validity of contracts made in violation of a license law.
120 Construction of contracts.
121 Time as the essence of a contract.
122 Breach of contracts-Actions for-Measure of damages.
123 Fraud-Representations as to quality or value.
124 Fraud-Representations as to title or cost of land.
125 Fraud-Broken promises-Statements of opinion or intention.
126 Relief from fraud-Waiver of right to-Election of remedies.
127 Action for fraud-Measure of damages.
128
Rescission of contracts-Particular cases.
129 Rescission of contracts-Placing parties in statu quo.
130-Rescission of contracts-Loss or waiver of right to rescind.
CORPORATIONS.
131 Limitations upon corporate holding of land.
132 Foreign corporations-Construction of statutes.
133 Contracts and conveyances by-Power to make-Manner of exe-
cution.
134 Municipalities-Purchase of real estate.
135 Municipalities-Contracts, conveyances and liabilities concerning
real estate.
136 Reversion of land of an extinct corporation.
137 Miscellaneous notes.