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

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Emerson E. Ballard, Tilghman Ethan Ballard
Ballard Publishing Company, 1900

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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
SECTIONS
110
CHARITABLE USES
115
Conveyances forWho may takeDefiniteness required 105 Conveyances forValidityPerpetuities
116
Administration of charitable usesDuties and powers of trustees Power of court
117
Reversion of property upon abandonment of the trust
118
Church controversiesTitle to property
119
COMMUNITY PROPERTY
121
Validity of contractsPublic policy
124
Validity of contractsGambling and usurious contracts 119 Validity of contracts made in violation of a license
125
Construction of contracts
127
Time as the essence of a contract
128
Breach of contractsActions forMeasure of damages 123 FraudRepresentations as to quality or value
129
FraudRepresentations as to title or cost of land
131
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 leasehold estate
237
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 Title acquired by condemnation of landEquities of third persons
253
Statutes amended and new statutes
254
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
358
Force and effect of a fraudulent conveyance between parties to it 379 Rights of subsequent creditors
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
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
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
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
Miscellaneous notesStatutes construed 498 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
502526 Separate real estateRecent constructions of and amend ments made in the statutes of the several states and territories since the compilations on...
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 menContractors 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
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
Statutes 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 887 888 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 sale 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

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

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