cannot alien after six years, unless they become citizens. 89 what rights it gives an alien..... devisees born after testator's death not within the statute.. may acquire title by adverse possession, when... effect of statutes authorizing alien and his heirs to hold..... right of descent conferred by statute.... by purchase at common law.... can be ejected by the State. ..... holds no better position than a trespasser. theory of his possession considered.. authorities reviewed...... can he maintain ejectment... 93, 94 94, 95 96 90 90 91 91 91 distinction between grant by the State and authority to hold by statute....... alien enemy no right of action during war. on ground of distinction between right and remedy.. ALIENATION, of estates, not of feudal origin.. of commercial growth.... by operation of law... by subinfeudation 96 to 98 98 98, 99, 100 99 99 99 99 99, 100, 101 101 102 102 102 102 103 .... 598 304, 305 600, 601 304, 305 306 by assignment. right of did not exist at common law. ALLODIAL SYSTEM, the system of this country how it differs from the feudal established-in New York............ (See TERMINATION OF ESTATES, V.) ALLODIAL TENURE, defined ...... ....... 20 35, 330 35, 52, 425 324 the tenant cannot be held to service ..... ... 317, 319, 320, 322, 323 allodial tenant, is the absolute owner. cannot be deprived thereof without due process of law...... is absolute lord and proprietor.. not liable to rents or services.. the State cannot impose the liability. general rights as a class..... the State has no power to abridge those rights, 337, 338, 339, 340, 341 342, 343 they cannot be abated by the agreement of parties.. 347, 348, 349, 350 ASSIGNMENT-Continued. differs from a lease in what ..... PAGE. 63, 65 65, 66 must be conveyance of the whole estate of the assignor.... ATTORNMENT, dispensed with by statute..... reversion can be assigned without consent of the tenant.. at common law freehold estates began as soon as the lease was made, 213 214 COMMON, ESTATES IN. (See TENANCIES IN COMMON.) description of the proceeding...... used in England to change conditional fees to fees simple COMMON SOCAGE, tenure in, defined. allowed no implied covenants on the part of the tenant.. feudal, equally with knight service.. CONDITION, Estates upon. 396 ... 107 26 ..... 26, 27 164 166 45 ... 389 . 50 51 ... 270 230 (See TERMINATION OF ESTATES, V.) CONDITION PRECEDENT.... (See INTERESSE TERMINI.) CONDITIONAL FEE, definition of.. . . . . . (See ESTATES III.) CONDITIONAL LIMITATIONS, 22 23 270, 271, 639, 640, 641 what is such a contract. authorities reviewed..... general rule to distinguish by. executed divided into leases and assignments... difference between a lease and an assignment 12, 13 intention of parties determines whether executed or executory.... 57 CONTRACT EXECUTED, defined vests right of property. CONVEYANCES, modes of.. grant to, by the State, carries authority to take and hold land..... 84 the land must be compatible with the purposes of the corporation. 179 .... 179, 180 limited in value, increase of price does not defeat the title........ 180 66 the word "" not necessary by statute.... .180, 181 181 181 181 do not hold fee simple for one purpose, and base fee for another... 181 ... 181 authorities reviewed..... rellgious corporations, how restricted.... 181 181, 182, 183, 184 corporations under general laws CORPORATION-Continued. title in corporation, not in trustees.. cannot sell, without order of court.. held, they can mortgage without.. questioned, it would defeat the statute. cannot take by devise change of statute discussed act of 1848, re-enactment of the English mortmain acts CORPOREAL HEREDITAMENTS, PAGE. 185 185 186 186 186 187 ... 188 188, 189 implied covenants depended upon the character of the contract... 390 391, 392 words of no account, except to determine the character of the con- implied in a lease, not in assignments... authorities examined .... 390, 391, 892, 397, 398 392 393 393, 894, 395 395, 396 turns upon point whether a lease for years is a conveyance of real 396, 397 399, 400, 401 ... 401, 446 403 |