Law of Real Property: Being a Complete Compendium of Real Estate Law, Embracing All Current Case Law, Carefully Selected, Thoroughly Annotated and Accurately Epitomized, Svazek 6

Emerson E. Ballard, Tilghman Ethan Ballard

Ballard Publishing Company, 1900

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ABSTRACTS AND ABSTRACTERS I Definition and purpose of an abstract of title	1

What an abstract should contain	2

Duties of abstracterLegal knowledge required	3

Period for which title should be shown	4

Nature of liability of abstracter	6

Liability of abstracter for negligence fraud or mistake	7

Liability of abstracterMeasure of damages 8 Limiting liability of abstracter	10

Liability of public officers examining titles	11

strued	444

Agricultural lien for advancements	445

Repairs 472 RepairsLiability for negligence in making	447

Miscellaneous notes	448

What constitutes a leaseExecutionValidity	449

Parol leases	450

Construction of leases 477 Construction of leasesStipulations as to the payment of rent Determination of rent by appraisement 478 Covenants in leases	452

Renewal of lease	453

Duty and liability of attorney examining an abstract	14

To whom an abstracter may be held liable	16

Action against abstracterMiscellaneous notes	19

When action against abstracter must be commenced	20

Who must furnish abstract	21

Time of delivering the abstract	22

Examination of abstract and removal of defects in the title	23

Sufficiency of abstract between vendor and vendee	25

Ownership of abstract	27

Use of abstract as evidenceSupplying lost or destroyed records 20 Requiring abstract of parties to real actionsStatutory provisions 21 Right of abstract...	32

Right of abstracter to use public recordsStatutory provisions	35

Power of officer to regulate the use of recordsCharging fees	38

2445 Statutory provisionsCompilation of the statutory provisions of the several states and territories regulating the preparation and furnishing of abst...	40

Necessity of acknowledgmentSufficiency and conclusiveness of certificate	58

ABUTTING OWNERS 46 Right of abutting owner to use streetRemedies for special in juries	59

Railroads in streets	61

Railroads in streetsRecovery of damages by abutting owner 49 Railroads in streetsDamages recoverable by one not owning the	62

Railroads in streets established by dedication	63

Street railroads	64

Elevated railroads	65

Shade trees 54 Change of gradeMunicipal liabilityMeasure of damages	66

Change of natural grade of streetMunicipal liability	67

Vacation of street or highway	70

Assessments against abutting owners for municipal improvements Constitutionality of frontage system of assessments	71

Acknowledgments by married women	74

Statutes curing defective acknowledgments ADVERSE POSSESSION 62 As to what constitutes adverse possession	75

As to what constitutes adverse possessionPossession by en closure	77

Extent of possession without color of title	78

Extent of possession under color of titleConflicting patents	79

Color of titleNecessity ofWhat constitutes	80

Title byGeneral principlesWho may acquire	81

Title byCharacter of title acquired 69 Title byWhat property may be acquired	82

Title byElements necessaryParticular cases	83

Title byOccupancy requiredRule where lands are barren and unproductive	84

Title byPayment of taxes	86

Title byTime necessary	87

Title byTacking possessions 75 Interruptions of adverse holding	88

Public property	90

Landlord and tenantTenants in common	91

Vendor and vendeeMortgagor and mortgageeHusband and wife	92

Sale of land in the adverse possession of another	93

Rights of aliens as to real estateStatutes construed	94

Power of alien corporations to acquire real estate	95

ASSIGNMENTS FOR CREDITORS 82 Constitutionality and construction of statutes	96

Extraterritorial force of assignments and assignment laws 84 Validity of assignments	97

Formal requisitesConstruction 86 Preference of creditors	98

Rules for determining boundariesLocating lost corners	99

Rights of creditors	100

Title rights and liabilities of an assignee	101

Rights of purchaser at an assignees sale to assail prior incum brance for fraud	102

BONA FIDE PURCHASER	103

As to what constitutesGeneral principles 91 As to what constitutesParticular cases	104

Purchasers at execution or judicial sales	105

Pendente lite purchasers 94 Purging equitiesKnowledge sufficient to put one on inquiry	106

Reversion of property upon abandonment of the trust	107

Church controversiesTitle to property	108

109116 Recent constructions of and amendments and changes made in the statutes of the several states and territories since the compilation on this su...	109

SECTIONS	110

Validity of contractsPublic policy	117

Validity of contractsGambling and usurious contracts	118

Validity of contracts made in violation of a license	119

Construction of contracts	120

Time as the essence of a contract	121

Breach of contractsActions forMeasure of damages	122

FraudRepresentations as to quality or value	123

FraudRepresentations as to title or cost of land	124

FraudBroken promisesStatements of opinion or intention	132

Relief from fraudWaiver of right toElection of remedies 127 Action for fraudMeasure of damages	134

Rescission of contractsParticular cases	135

Rescission of contractsPlacing parties in statu quo 130Rescission of contractsLoss or waiver of right to rescind	136

Limitations upon corporate holding of land	137

Foreign corporationsConstruction of statutes	138

Contracts and conveyances byPower to makeManner of exe cution	139

MunicipalitiesPurchase of real estate	140

MunicipalitiesContracts conveyances and liabilities concerning real estate 136 Reversion of land of an extinct corporation	141

Miscellaneous notes	143

Covenants running with the land	144

Covenants of warranty	145

Covenants against incumbrances	146

Covenants against incumbrancesOutstanding lease as a breach 143 Breach of warrantyEviction	148

Breach of covenantsMeasure of damages 145 Breach of covenant of seisinMeasure of damages 146 Action for breach of covenantPleading and pract...	150

CROPS AND EMBLEMENTS 147 Title to growing crops	151

CURTESY AND DOWER 148 Curtesy of husband 149 Right of dowerConveyanceLiability for debts	152

Lands subject to dower 151 Dower in mortgaged landsRule in South Carolina 152 Release loss or waiver of dower 153 Assignment of dower	153

Death of widow pending action to determine dower rights	154

STATUTE OF LIMITATIONS	156

DANGEROUS PREMISES 155 Liability of owner to his tenant	157

Liability of owner for injury to servants or visitors of his tenant	158

Liability of owner for injury to children	159

Liability of ownerDefective approaches entrances or elevators	161

Liability of ownerParticular cases	162

DEDICATION	163

As to what constitutesGeneral principles 161 As to what constitutesParticular cases 162 As to what constitutesMaps and plats	164

Dedication of public squares or parksRights of abutting owners	165

Acceptance of dedicationNecessityWhat constitutes	167

Revocation or abandonment of dedication 166 Miscellaneous notes	168

As to what constitutes a conveyanceConsiderationUse of seal 168 Grantor and granteeDesignation and nameGrantees knowl edge of execution of dee...	169

Effect of failure to affix revenue stamp 171 Delivery and acceptance of deedsGeneral principles	171

Delivery of deedsParticular cases	172

Delivery by recordingPresumption from grantees possession of deed	173

Delivery to third persons 175 Delivery in escrow	174

Surrender and cancellation of deeds	175

Construction of deeds	176

Construction of particular deeds	177

Recitals in deeds 180 Restraints upon alienation	179

Restrictions as to the erection of buildings 182 Reservations and exceptions 183 Cancellation of deeds	181

Deed procured by fraud and undue influenceRecovery of dam ages by grantors heirs in lieu of cancellation	182

Cancellation of deed on account of grantors mental incapacity 186 Cancellation of deed for fraud	184

Cancellation of deed for undue influence or duress 188 Cancellation of conveyances between persons occupying fiduciary relationsBurden of proof	185

Quitclaim deeds	186

190211 Form of deedsRecent constructions of and amendments made in the statutes of the several states and territories since the compilations on this ...	190

What will be treated as real estateUnmarried and Park defined	197

DESCENT	198

Descent of real propertyConstruction of statutes 214 Descent of legal and equitable title 215 Inheritance from slaves	199

Descent to surviving husband 217 Descent to surviving wifeStatutes construed	200

Widows right of quarantine	202

Advancements 220 Rights of creditors as against heirs	203

DESCRIPTION OF REAL ESTATE 221 Sufficiency ofGeneral principles	204

Sufficiency of Particular cases	205

Construction of descriptions	206

Evidence in aid of descriptionsLatent and patent ambiguities	208

EASEMENTS	210

Statement of case reported 226 Construction of statute providing for the acquisition of an ease ment for laying gas pipe lineRight to remove pipesMe...	211

eRemoval	212

Abandonment of easement acquired for public use improvements	213

As to what constitutes an easementUse by owner	214

Creation by grant	215

Creation by executed parol license 231 Creation by prescription	216

Appurtenant or implied easements	217

Lateral supportLight and	218

Way of necessity 235 Way of necessityImplied reservation 236 Way of necessityLocation	219

Abandonment or extinguishment of easement EJECTMENT 238 As to when the action will	221

Sufficiency of the complaint 240 Parties to the action	222

Title necessary to maintain ejectmentPrior possession	223

Proof required of plaintiffTracing title to common source	224

Defenses in ejectmentPlea of not guiltyEquitable defenses	225

Defenses in ejectmentTitle by adverse possessionOutstanding title 245 Defenses in ejectmentParticular cases	226

Evidence in actions of ejectmentBurden of proof	227

Setting aside or directing verdict	228

Judgments in ejectment	229

Practice in ejectmentMiscellaneous notes	230

EMINENT DOMAIN 250 Constitutional right of eminent domainConstruction of statutes	231

As to what is a public	232

What property may be takenProperty already devoted to a pub lic	233

Taking of property already devoted to public useRailroad prop ertyStatutes construed	235

As to what is a taking	236

As to what is a takingDamage to leàsehold estate 256 Additional servitude 257 Compensation for property takenBond for damages as a sub stitute	239

Proceedings to condemn landComplaint or petition	240

Proceedings to condemn landAmendments	241

Proceedings to condemn landRight to jury trial	242

Proceedings to condemn landView of premises by jury 262 Proceedings to condemn landRecovery of costs and attorneys fees 263 Proceedings to co...	243

Proceedings to condemn landMiscellaneous notes 265 Proceedings to condemn landEvidence	245

Measure of damagesElements considered	247

Measure of damagesBenefits considered	248

Measure of damagesTaking of leasehold estate 270 Measure of damagesCondemnation of land for railroad right of	249

Measure of damagesCondemnation of railroad lands to other public	250

Who entitled to receive the damagesRights of mortgagor and mortgageeLessor and lessee	252

Priority of award of damagesLien of judgment 274 Title acquired by condemnation of landEquities of third persons	253

SubrogationGeneral principles	255

SubrogationPayment of the whole debt as a requisite	256

SubrogationSuretys rights	257

SubrogationFurnishing money to discharge vendors lien 280 SubrogationPayment of first mortgage under agreement for first lien	258

SubrogationGrantees to mortgagees	260

SubrogationDischarging mortgage liensParticular cases	261

SubrogationParticular cases	262

Relief from mistakes 285 Equitable conversion	264

Doing equity ESTATES 287 Creation of absolute estateGift over to another	265

Creation of fee simple estate	267

Estate tail 290 Rule in Shelleys case	269

Creation of life estate	271

Conveyance of life estate	273

Life tenant with power of dispositionRights of creditors and purchasers	274

Rights and liabilities of life tenant and remainderman	275

Estates in joint tenancy	276

Future estates 297 Expectant estatesConveyance	277

Contingent remainders 299 Vested remainders 300 Termination of remainderImpossibility of issue not presumed 301 Vesting of estates	279

Condition precedent	281

Condition subsequentBreach 304 Condition subsequentConveyance in consideration of support	282

Perpetuity defined	284

PerpetuitiesParticular cases	285

Merger 308 MergerConveyance taken by lienholder	287

Estoppel by deedParticular cases	288

Title by estoppelAfteracquired titleAt what time it passes	289

Recitals in deedsCovenants assuming payment of debt 313 Estoppel in paisGeneral principles	293

Estoppel in paisAccepting benefits 315 Estoppel in paisSilence when one should speak	294

Estoppel in paisParticular cases	296

Estoppels as applied to the public	298

Admissibility of deedsAltered deeds	301

Admissibility of deedsProof of executionAncient deeds and deeds without a stamp	302

Parol evidenceContemporaneous agreementsIdentifying parties and subject matter	303

Parol evidenceParticular cases 323 Declarations affecting realty interests	304

OpinionsJudicial noticePresumptions	305

Competency of witnesses 326 Miscellaneous notesStatutes construed	307

EXECUTION SALES 327 Statement of case reported 328 Execution sale of the property of a railroad which is essential to its operation	308

What real estate may be sold on execution 331 Exemption of property from execution sale 332 Exemption of property from execution salePublic pr...	313

Issue and return of executionDescription of property 334 Levy of executionWhat constitutes a levy	315

AppraisementNotice of sale	317

Certificate of purchaseSheriffs deedConfirmation 337 Title rights and liabilities of purchaser	318

Validity of salesSetting aside	320

Miscellaneous notes	321

EXECUTORS AND ADMINISTRATORS 340 Contracts and conveyances by executors and administrators 341 Sale and conveyance under a power ...	322

Rights as to possession and rents of decedents realty	323

Suits by executors and administrators	324

Sale to pay debts 345 Sale to pay debtsPetition and parties 346 Sale to pay debtsLaches and statute of limitations	325

Sale to pay debtsPractice	326

Title and rights of purchaser at administrators sale 349 Validity of salesSetting aside	327

Collateral attack upon sales 351 Purchase by executor or administrator at his own sale	328

Statutes amended and new statutes	329

Partition fences FENCES 354 Fencing railroadsStatutes construedEnclosed lands defined	330

Farm crossings over railroadsCattle guards	332

Personal property attached to real estateEffect of contract re serving the title or chattel mortgage to secure purchase price	333

Right to fixturesVendor and vendeeMortgagor and mortgagee	335

Machinery as a fixtureRights of mortgagor and mortgagee 359 Right of tenant to remove fixtures 360 Right of tenant to remove fixturesEffect of tak...	338

FORCIBLE ENTRY AND DETAINER 361 As to what constitutes forcible entry and detainer 362 Who may maintain the action	340

Sufficiency of complaint 364 Defenses to the action	342

PracticeStatutes construed	344

FRAUDULENT CONVEYANCES 366 Conveyance for support of grantor	345

Conveyances in fraud of marital rights	346

Conveyances between husband and wife	347

Conveyances between husband and wifePresumptionsBurden of proof	349

Conveyance between near relatives	350

Reconveyance by fraudulent grantee to his grantor	351

As to what constitutes a fraudulent conveyanceParticular cases 373 Voluntary conveyances	352

Insolvency of debtor as affecting his deedWhat constitutes	353

solvency	354

Preference of creditors 376 Preference of creditors by partners and corporations	356

Conveyance of real estate exempt from execution 378 Force and effect of a fraudulent conveyance between parties to it 379 Rights of subsequent cre...	359

Setting asideWho may maintain the action 381 Setting asideReducing claim to judgmentExhausting legal remedies	360

Setting asideComplaint 383 Setting asideParties	363

Setting asidePractice	364

Setting asideCharging grantee with noticeFraudulent intent as a question of fact	365

Setting asideProof of fraud	366

Setting asideBurden of proofEvidence	367

Who may claim a homestead	369

In what lands a homestead may be claimed	370

Lands acquired in exchange for property liable for debts	371

Occupancy and use necessaryContiguous parcels 393 Amount of land claimedStatutes construed	373

Amount of property claimed in city or townStatutes construed	374

Selection allotment and declaration of homestead 396 Exemption of homestead from debts	375

Debts for which a homestead is liable 398 Abandonment loss or waiver of homestead	377

Conveyance and incumbrance of homestead 400 Conveyance and incumbrance of homesteadNecessity of joint conveyance of husband and wife	381

Rights of surviving husband wife or children HUSBAND AND WIFE	383

Antenuptial contracts and marriage settlements	385

Deeds of separation	386

Contracts between husband and wifeValidity and construction	388

Conveyances between husband and wife	389

Husbands conveyance of wifes land	390

Estate by entiretiesConveyance and incumbrance	391

Inchoate interests 409 Effect of divorce on real property rights	392

Occupying claimants	393

Improvements by purchasers	394

Improvements by tenants	395

Improvements by cotenants	396

Improvements by trespasser having power of eminent domain	397

Improvements upon mortgaged land INFANTS AND INSANE PERSONS 416 Validity of deeds of infants and insane persons	398

DisaffirmanceDuty of infant 418 Judicial sale of infants lands	399

Statement of cases reported 420 Insurance of title to landConstruction of policyDefects of title excepted	400

Insurance of title to landConstruction of policyCondition	401

precedent to right of action upon the policy	403

Title insurance 423 Insurable interest	405

Insurance by life tenant 425 Rights of mortgagee as to insurance	406

Mortgage clauseCondition against change of title 427 Sole and unconditional ownership of propertyConstruction of forfeitures	408

Change in insureds titleLiens and incumbrances	410

Vacant and unoccupied premises	412

Condition against additional insurance	413

Condition against increase of hazardException of loss by ex plosion	414

Waiver of condition of forfeiture 433 Husbands right to recover for loss of property in which his wife has equal interest	415

Recovery in case of total lossWhat is a total loss	416

442 435 AppropriationWhat constitutesAbandonment	417

Rights of appropriators of waterPriorities 437 Priority of right to take water for domestic	419

Conveyance of water rights	420

Construction of statutes	421

Actions and adjudications concerning water rightsStatutes con	422

JUDICIAL SALES 443 Who may makeAdjournment 444 Sale in parcels or in solido	425

Confirmation 446 Title and rights of purchaser	426

Liability of purchaser	427

Refusal to complete purchasePurchasers rights and liabilities 449 Purchasers right to writ of assistance	428

Setting aside salesFraud and irregularities 451 Setting aside salesInadequacy of price	430

Guardians salesPractice	431

Guardians salesLiability of guardians bondsmen 454 Miscellaneous notes	432

Statutes amended and new statutes LANDLORD AND TENANT 456 Right of landlord to injunction against occupancy of the premises by disreputab...	433

Estoppel to deny title	434

Forfeiture 459 Tenancy at willTenancy at sufferanceTermination	436

Holding over	438

Notice to quit 462 Abandonment of premises by tenantRights and remedies of landlord	439

Attornment by tenant	440

Conveyance of leased premisesApportionment of rent 465 Surrender 466 Wrongful eviction by landlord	442

Farming on the shares	443

Assignment of leases	454

Assignment of leaseLiability of assignee 482 Destruction of leased premises	455

Judgment lienGeneral principlesStatutes construed 488 Judgment lienEstate to which it attaches	461

Judgment lienExtent of 490 Judgment lienPriority of liens 491 Judgment HensPriority over unrecorded conveyances 492 Judgment liensDuration	464

Equitable liens 494 Legacies as a charge on land	465

Lis pendens statutes applied and construed	466

Pendente lite purchasers	467

Statutes amended and new statutes	468

MARRIED WOMEN 499 Contracts and conveyancesPower of abandoned wife at com mon	469

Estoppels applied to married women	470

Equities of married women as against husbands creditors 502526 Separate real estateRecent constructions of and amend ments made in the statutes of...	471

MECHANICS LIENS 527 Construction mechanics lien statutesEffect of change of statute	477

Estate or property subject to the lien 529 Public propertyBond of contractor	478

Extent of property affected by the lien 531 Extent of property affected by the lienEnforcement against a railroad	480

Kind of labor or material for which a lien may be claimed	481

Construction of sidewalk	482

Architects services	483

Labor on mining claimStatutes construed	484

Improvements by a vendee	485

Improvements by lessee or licensee	486

Improvements by husband of owner	487

Subcontractors and material	488

Subcontractors and material menHow far rights of are affected by payments to or contracts with the principal contractor	489

Subcontractors and material men Contractors agreement to take his pay in propertyEffect upon their right to liens	491

Subcontractors and material menConstitutionality of statute 543 Subcontractors and material menStatutes construed	492

Joint lien on several lots or buildings	495

Priority of mechanics liens 546 Priority of mechanics liensStatutes construed	497

Priority of mechanics liensConstruction of statutes giving prior ity on buildingsRemoval	499

Loss or waiver of lien 549 Loss or waiver of lienTaking notes or collateral security	501

Filing and recording building contractStatute construed	502

Filing of lien statement	503

Filing of lien statements by subcontractor or material man 553 Lien statementTime for filing	504

Lien statementExtending time for filing by repairs or substitu tion of new material	505

Lien statementAllegations as to ownership of property 556 Lien statementDescription of premises	507

Lien statementStatement of contract and account	508

Lien statementMistakesAmendments 559 Lien statementVerification	510

Enforcement of lienComplaint 561 Enforcement of lienParties	511

Enforcement of lienDefenses	512

Enforcement of lienStatute of limitations	513

Enforcement of lienAmendments 565 Enforcement of lienPersonal judgment	514

Enforcement of lienEvidence 567 Enforcement of lienMiscellaneous notesStatutes construed	515

Construction of particular statutes	517

Statutes amended and new statutes	518

Mining leases MINES 571 Oil and gas leasesConstruction	520

Oil and gas leasesForfeitureAbandonment	521

Separate ownership of surface estate and mineral estate	522

What constitutes a mortgage Validity	523

Alterations in mortgages	524

Description of debt secured 578 Equitable mortgages	525

Construction of mortgages 580 Title and right to possession	526

Purchase of mortgagors equity of redemption by mortgagce 583 Afteracquired property	529

Mortgage to secure advances	530

Deeds construed as mortgages 586 Deeds construed as mortgagesAbsolute deed creating a trust	532

Action to declare deed a mortgageSufficiency of proof 588 Priority of mortgage	535

Priority of purchase money mortgage	536

Priority of mortgages to secure future advances	537

Assumption of mortgage 592 Assumption of mortgageParol agreement to assume 593 Assumption of entire mortgage debt by grantee of part of mor...	542

Surety relation of mortgagorExtensions	543

Assumption of mortgageWho may maintain action on grantees covenant and when	544

Assignment of mortgageWhat constitutes	545

Assignment of mortgageTitle and rights of assignee	546

Recording assignment of mortgage	547

What constitutes paymentPresumptions	549

Payment of mortgage debt to clerk of court after commencement of foreclosure proceedings	551

Authority to receive paymentAgents	552

Payment to agentAuthority to receive things other than money	553

Release of mortgage 605 Release of portions of mortgaged premises 606 Release of portion of several lotsRights and liabilities of mort	556

Release by mistake or without authority	557

Forged satisfaction of mortgageTitle of purchaser relying	559

Record entry of satisfactionStatutes amended and new statutes 610 Penalty for failure to enter satisfactionStatutes construed	560

Strict foreclosure 612 When foreclosure proceedings may be commenced	561

Breach authorizing foreclosureFailure to pay taxes or interest	562

Effect of tender after default	563

Foreclosure proceedingsGeneral principlesPractice 616 Complaint in foreclosure proceedings	565

Parties to foreclosure proceedings	566

Defenses to foreclosure proceedings	567

Defenses to foreclosure of purchase money mortgage	568

Fraud and duress as a defense to foreclosure proceedings 621 Usury as a defense to foreclosure proceedings 622 Usury as a defense to foreclosure pr...	571

Statute of limitationsStatutes construed	573

Judgment in foreclosure proceedings 625 Personal judgment in foreclosure proceedings	574

Personal judgment in foreclosure proceedingsStatutes construed 627 Allowance of attorneys fees in foreclosure proceedings 628 Appointment of rec...	580

Counter claims and cross bills in foreclosure proceedings 630 Adjudication of adverse claims of third parties in foreclosure pro ceedings	581

Foreclosure against deceased mortgagorFiling claim against es tate 632 Rights of prior incumbrancers	582

Rights of junior incumbrancers	583

Marshalling securities	584

Marshalling securitiesRule where portions of the mortgaged land have been conveyed	585

Sale under decree of foreclosure	586

Appraisement of property and notice of foreclosure sale	587

Application of proceeds of foreclosure sale 639 Validity of foreclosure sale and sheriffs deedSetting aside Resale	588

Confirmation of foreclosure sale	590

Title of purchaser at foreclosure sale	591

Right of purchaser at foreclosure sale to possessionWrit of assistance	592

Foreclosure by advertisement	593

Power of saleSale under	594

Sale under powerPurchase by mortgagee	595

Assignment of mortgagePayment to mortgagee afterward	599

Indemnity mortgages 651 Mortgage to secure several notes	600

Building and loan association mortgages	601

Building and loan association mortgagesUsury 654 Building and loan association mortgagesForeclosure for non payment of fines	602

Building and loan association mortgagesInsolvency and disso lution of associationForeclosure	603

Building and loan association mortgagesInsolvency and disso lution of associationDetermining amount due 657 Statutes amended and new statutes	605

Knowledge sufficient to charge one with notice	606

Notice by publication NUISANCE	607

What constitutes a nuisance 661 What constitutes a nuisanceObstruction or pollution of water course	608

Liability for continuing an existing nuisance	609

Remedies and proceedings	610

Legislative and municipal control	611

Agreements in respect to partition	613

Who may have partition	614

Nature of right to partitionPartition of leased premises 669 Partition of building standing on land owned in severalty 670 Sufficiency of complaint or...	615

Parties to actions for partition	617

Practice in actions for partitionMiscellaneous notes 673 Procedure upon death of partyPower of Court	619

Decree of partition between defaulted defendants	620

Payment of oweltyLien for 676 Allowance of attorneys fees 677 Adjudication of title in action for partitionForce and effect of decree	621

Partition sales	623

Statutes amended and new statutes PARTNERSHIP REAL ESTATE 680 Dissolution of partnership by death of partnerTransfer of part nership real es...	625

Miscellaneous notes 681 PARTY WALLS 682 Use of party wallsCutting openings	626

Contracts concerning party walls 684 Statutes construedEnforcing right to contribution	627

Miscellaneous notes	628

Possession as notice of rights or title	629

POWER OF ATTORNEY 687 Authority conferred by power of attorney	630

Revocation of power of attorney	631

689690 Recent constructions and amendments of statutory provisions of the several states and territories compiled in Vol IV Secs 591632 Vol V Secs...	632

Power of Land DepartmentCancellation of entry or patent	633

Conclusiveness of decisions of Land Department	635

School landsStatutes construed 695 Mining claimsLocation and relocationMarking boundaries	636

Mining claimsDoing required amount of work	637

Mining claimsAbandonment by locator	638

Mining claimsConflicting locationsAdversary proceedings	639

Mining claimsFollowing dip of vein	640

Construction of statute excepting known vein or lode from placer patent	641

Mining claimsMiscellaneous notes 702 Mining claimsStatutes amended and new statutes	642

Swamp and tide landsMiscellaneous notes	643

Town site landsMiscellaneous notes	644

Grants to railroadsMiscellaneous notes	645

Exhausting power of saleTitle under subsequent sale	646

Conveyance of homestead lands	647

Mortgage of homestead landsLiability for debts	648

PatentsValidityConstructionConclusiveness	649

PatentsTitle conveyed byCancellation	650

LICENSE	651

Construction of local statutes	652

Statutes amended and new statutes	653

QUIETING TITLE 715 When the action will lie and who may maintain itStatutes con strued and new statutes	655

Rights of plaintiff in possessionWhen possession of plaintiff is necessary	657

Complaint in action to quiet title 718 Cross complaint in action to quiet title	659

Practice in action to quiet titleMiscellaneous notesStatutes construed and amended	660

Trespass to try title	661

REAL ACTIONS 721 Conflict of jurisdiction between courts of concurrent jurisdiction 722 Jurisdiction depending on title involved	662

JurisdictionState and federal courts 724 JurisdictionLegal and equitable	664

Jurisdiction over lands in another county or stateEnjoining acts of nonresidents	665

JurisdictionParticular courtsMiscellaneous cases 727 Former adjudicationGeneral principles	666

Former adjudicationWho bound	668

Former adjudicationParticular cases	670

Former adjudicationStare decisisOverruling decisions 731 What is a sufficient tender	672

InjunctionsGeneral principlesPractice 733 Injunction to prevent irreparable injuryIrreparable injury de fined	673

Causes sufficient for granting injunctions 735 Causes insufficient for granting injunctions	675

Injunction against trespass 737 Injunction against trespassInsolvency or nonresidence of de fendant as a ground	677

Mandatory injunctions to recover possession or remove structures 739 Appointment of receiversPractice	679

Receivers appointed by federal courtsSuits against 741 Parties to real actions	680

Sufficiency of complaint	681

Sufficiency of answer 744 Cross complaintAmendments	682

Recovery of attorneys feesCosts 746 New trial of rightStatutes construed	683

JudgmentsMiscellaneous notes	684

AppealsStatutes construed 749 AppealsReversal of judgment	685

Miscellaneous notes	686

REAL ESTATE AGENT 751 Authority of real estate agentRevocation	687

Liability of loan agent for negligence 753 As to when a commission is earned due and payable	689

Right to commission on sale consummated by the owner or a third party	690

Actions to recover commissionsDefensesEvidence	691

Miscellaneous notes	693

RECORDS AND RECORDING 757 What instruments may be recordedRecording wills 758 What constitutes recording	694

Records as notice 760 Records as noticeTwo deeds of same land by same grantor Rights of mortgagee under junior deed prior in record	696

Unrecorded deeds and mortgages	697

Unrecorded purchase money mortgage 763 What constitutes notice of an unrecorded deed	699

Miscellaneous notes and new statutes	700

Redemption by subsequent grantee of the judgment debtorRe	708

Agreements concerning redemptionExtension of time	716

RENTS	722

Trusts arising out of fraud or violation of contract	729

Acquiescence in use of land for a railroad right of wayReme	735

RIPARIAN OWNERS 816 Statement of case reported 817 Rights acquired by condemnation proceedings establishing a mill	739

Riparian rights as to artificial use of water by erecting dams Reasonable useInterference with othersPrinciples discussed and authorities collated	741

SameApplication of principles to the facts of the case	745

Riparian rights in respect to	746

IceRiparian rights	748

Riparian rightsGeneral principles 823 Title to land covered by and use of waters	749

Riparian rights in navigable waters 825 Riparian rights in navigable watersRights of the public	751

Riparian rights in navigable watersApportionment of flats and shore line	752

Title to and use of lakes	754

Right of riparian owner to accretions 829 Obstruction or diversion of water course	756

Pollution of watersDischarge of city sewage	759

SPECIFIC PERFORMANCE 831 As to the right of specific performance 832 As to what contracts may be specifically enforcedParticular cases	760

Contracts to convey land	762

Antenuptial contracts	764

Married womans contracts 836 Diligence required of party seeking 837 Demand and tender	765

Parties pleading and practice	766

STARTING FIRES 839 Destruction of insured propertyRights of parties	768

Contributory negligence 841 Liability of railroads for firesNegligence	770

Liability of railroads for firesAction against receiver	771

Actions for injuries by fireComplaint	772

Actions for injuries by fireCosts and attorneys fees 845 Actions for injuries by fireMeasure of damages	773

Actions for injuries by fireEvidence	774

Miscellaneous notes	775

STATUTE OF FRAUDS	776

As to what contracts are within the statute of frauds 849 As to what contracts are within the statute of fraudsStatutes construed and applied	777

As to what contracts are not within the statute of frauds	778

Sufficiency of memorandum 852 Sufficiency of memorandumSigning	780

Parol gifts of real estate	781

Part performance 855 Part performancePayment of purchase price	782

Part performancePossession and improvements	783

Miscellaneous notes	784

As to when the statute appliesStatute construed	785

As to when the statute begins to run 860 As to when the statute begins to runActions for relief from fraud 861 Disabilities of parties	787

Interruption or suspension of statute 863 LachesGeneral principles	788

LachesParticular cases	789

Statute of limitations and laches as applied to trusts or fiduciary relations	791

SURFACE WATER 886 What constitutes surface waterFlood water of a stream	796

Common law ruleExceptions 888 Rights of upper and lower owners	797

Diversion of surface water by a railroad	798

Liability of municipalities	799

TAXES AND TAX TITLES	801

Collateral inheritance tax 892 Exemption from taxes 893 Exemption from taxesPublic lands and public property	804

Exemption from taxesSchool propertyProperty of churches and charitable institutions 895 Exemption from taxesProperty of manufacturers and railr...	805

Exemption from taxesStatutes construed 897 Assessment of taxesGeneral principles	809

Assessment of taxesStatutes construed	810

Assessment of taxesIn whose name assessment should be made	812

Assessment of taxesDescription of property	813

Assessment of taxesOmission of propertyErrors in valuation Boards of equalization	814

Lien for taxesStatutes construed	816

Publication of delinquent listsNotice of tax sale	817

Tax saleExhausting personal property 906 Tax saleSale in parcels or in solido	818

Who may purchase at a tax sale	819

Title and rights of a purchaser at a tax salę 909 Rights of a purchaser at invalid tax saleStatutes construed 910 Tender and payments required of one r...	821

Iregularities sufficient to avoid or invalidate a tax sale 912 Irregularities insufficient to invalidate a tax sale	825

Setting aside tax salesPractice	826

Redemption from tax sale	827

Notice of expiration of time for redemption	828

Tax deed	830

Judicial proceedings to collect taxes	832

Statute of limitations and tax titles	833

Miscellaneous notes	835

Construction of miscellaneous statutes	836

Statutes amended and new statutes	838

TENANTS IN COMMON 923 Creation of an estate in common 924 Trust relationsBuying in titles	841

OusterLiability for rent	842

Injury to property by cotenantRemedies	843

Miscellaneous notes TITLE 928 Good and marketable titleTitle acquired by adverse possession	844

Good and marketable titleTitle acquired in violation of a trust relation	845

Good and marketable titleVendees rightsParticular cases	846

Proof of title	847

Slander of title	848

Growing trees as real estate	849

Action for injuring or removing trees TRESPASS 935 As to what constitutes trespass and who may maintain the action	850

Practice in actions for trespass	851

Measure of damages	852

Creation of express trustsValidity	853

Parol evidence to establish express trusts	854

Statute of uses and passive trusts	855

Deed of trust to secure debts	856

Practice in actions affecting trusts 944 Powers duties and liabilities of trustees	857

Sale and conveyance by trustees	858

Title of purchaser from trustee	859

Trustees dealings with trust estates	860

VENDOR AND VENDEE 948 As to what constitutes a contract of saleParticular cases	861

Rights and liabilities of vendor and vendeeMiscellaneous notes 950 Rights and liabilities of vendor and vendee as to taxes	863

Construction of land contractsForfeitures 952 Construction of land contractsParticular cases	865

Bond for title 954 Deficiency in quantity and defective title	866

Actions to recover purchase money	867

Defenses to action for purchase money 957 Recovery of purchase money paid by vendeeVendees lien	869

Reserving title to secure purchase money 959 Vendors lienCreation of and who may enforce	870

Vendors lienPriorityEnforcement against bona fide purchaser 961 Vendors lienLoss or waiver	872

Enforcement of vendors lienPractice	873

What constitutesWho liable forRemedies	875

WATERS AND WATER COURSES 964 What constitutes a water course	876

What are navigable watersPublic rights 966 Subterranean or percolating waters	877

Mill dams and water rights	878

WILLS	880

Agreement to make a willWhat constitutes a willTitle by 969 As to the validity of devises of real estate	881

Construction of willsValue of precedents 971 Construction of willsRules forGeneral principles	882

Construction of wills as to property embracedStatutes construed Particular cases	884

Construction of willsDevise of remainder after termination of life estate	885

Construction of willsDevise over in case first taker dies with out issue	886

Construction of willsDevise for life with power of disposal	887

Construction of particular wills	888

Devises and bequests in lieu of dowerElection	890

Failure of a testator to provide for a childStatute construed	891

Powers contained in wills 980 Miscellaneous notes	892

Další vydání - Zobrazit všechny

Law of Real Property: Being a Complete Compendium of Real Estate ..., Svazek 7
Emerson Etheridge Ballard,Arthur Walker Blakemore,Tilghman Ethan Ballard
Náhled není k dispozici. - 2015

Law of Real Property, Vol. 7: Being a Complete Compendium of Real Estate Law ...
Emerson Etheridge Ballard
Náhled není k dispozici. - 2018

Běžně se vyskytující výrazy a sousloví

Oblíbené pasáže

Strana 794 - ... an action for the recovery of the title or possession of lands, tenements, or hereditaments can only be brought within ten years after the cause of such action shall have accrued.

Objevuje se u 68 knih od 1847-1991.

Strana 703 - Every conveyance of real property, other than a lease for a term not exceeding one year, is void as against any subsequent purchaser or mortgagee of the same property, or any part thereof, in good faith and for a valuable consideration, whose conveyance is first duly recorded...

Objevuje se u 195 knih od 1850-2003.

Strana 402 - ... tenancy in common A form of co-ownership by which each owner holds an undivided interest in real property as if he or she were sole owner. Each individual owner has the right to partition. Unlike joint tenants, tenants in common have right of inheritance.

Objevuje se u 48 knih od 1809-2007.

Strana 648 - That no lands acquired under the provisions of this Act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therefor.

Objevuje se u 305 knih od 1860-2007.

Strana 285 - 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.

Objevuje se u 269 knih od 1828-2002.

Strana 291 - The principle deducible from these authorities seems to be that, whatever may be the form or nature of the conveyance used to pass real property, if the grantor sets forth on the face of the instrument, by way of recital or averment, that he is seized or possessed of a particular estate in the premises, and which estate the deed purports to convey, or, what is the same thing, if the seizin or possession of a...

Objevuje se u 57 knih od 1851-1992.

Strana 193 - ... she signed the same freely and voluntarily, without fear or compulsion of her said husband or any other person, and that she doth still voluntarily assent thereto.

Objevuje se u 60 knih od 1819-2006.

Strana 93 - ... void by reason of the actual possession of a person claiming under a title adverse to that of the grantor...

Objevuje se u 128 knih od 1846-1998.

Strana 760 - ... it is as much a matter of course for a Court of Equity to decree specific performance of it, as it is for a court of law to give damages for a breach of it.

Objevuje se u 129 knih od 1830-2003.

Strana 574 - There can be but one action for the recovery of any debt, or the enforcement of any right, secured by mortgage upon real . estate or personal property ; which action must be in accordance with the provisions of this chapter.

Objevuje se u 269 knih od 1858-2000.

Bibliografické údaje

Název	Law of Real Property: Being a Complete Compendium of Real Estate Law, Embracing All Current Case Law, Carefully Selected, Thoroughly Annotated and Accurately Epitomized, Svazek 6 Law of Real Property: Being a Complete Compendium of Real Estate Law, Embracing All Current Case Law, Carefully Selected, Thoroughly Annotated and Accurately Epitomized, Arthur Walker Blakemore
Redaktoři	Emerson E. Ballard, Tilghman Ethan Ballard
Spolupracovník	Arthur Walker Blakemore
Vydavatel	Ballard Publishing Company, 1900

Exportovat citaci	BiBTeX EndNote RefMan

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