A Treatise on the Law of Real PropertyThe author, 1868 - 698 pages |
From inside the book
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Page 16
... terms and phrases , aside from the classification , which have come down along with the common law , and have so become ... term estate is generally defined by the text - writers as the interest which the tenant has in land . This ...
... terms and phrases , aside from the classification , which have come down along with the common law , and have so become ... term estate is generally defined by the text - writers as the interest which the tenant has in land . This ...
Page 18
... term estates of inheritance is used in the place of estates in fee .- ( 1 R. S. 722 , § 1. ) The meaning , however , must be regarded as the same , because , by the provisions of the next succeeding section of the sta- tute , there are ...
... term estates of inheritance is used in the place of estates in fee .- ( 1 R. S. 722 , § 1. ) The meaning , however , must be regarded as the same , because , by the provisions of the next succeeding section of the sta- tute , there are ...
Page 19
... terms . De Peyster v . Michael , 6 N. Y. 501 ; Nicoll v . The N. Y. & Erie R. R. Co. 12 N. Y. 139 ; 3 Cruise Dig . 453 . Estates in fee are subdivided as follows : FIRST : A fee simple . This term is applied to an estate when the right ...
... terms . De Peyster v . Michael , 6 N. Y. 501 ; Nicoll v . The N. Y. & Erie R. R. Co. 12 N. Y. 139 ; 3 Cruise Dig . 453 . Estates in fee are subdivided as follows : FIRST : A fee simple . This term is applied to an estate when the right ...
Page 20
Anson Bingham. of the term " simple " does not , according to modern usage , change the meaning of the term " fee . " Both simply mean that the right of possession , by the terms of the contract , has no other limit than the want of ...
Anson Bingham. of the term " simple " does not , according to modern usage , change the meaning of the term " fee . " Both simply mean that the right of possession , by the terms of the contract , has no other limit than the want of ...
Page 27
... Term , 107 ; 4 Kent , 13 et seq . That mode of defeating entailed estates continued to be used in England until 1833 , when parliament interposed , and , in the place of the cumbrous machinery , before adopted by the courts , allowed ...
... Term , 107 ; 4 Kent , 13 et seq . That mode of defeating entailed estates continued to be used in England until 1833 , when parliament interposed , and , in the place of the cumbrous machinery , before adopted by the courts , allowed ...
Contents
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Other editions - View all
Common terms and phrases
action agreement alien allodial annexed applied assignment assignor authority Barb character chattel cited common law concerning tenures condition of re-entry constitution contract of lease convey corporation court covenant created decided decision declared defendant delivery demise disaffirm doctrine effect ejectment emblements embraced escheat estate in land estates in fee estoppel evidence exist express expressly fee simple feoffment feudal law fixtures forfeiture freehold grant grantor heirs held hold infant instrument intention Jackson land landlord and tenant leases in fee lessee lessor liable Litt lord ment mortgage obligations operation owner parties personal property plaintiff Platt on Leases premises principle privity of contract privity of estate provision question quia emptores real estate Real Prop real property regard removed Rensselaer rents and services reversion reversioner right of possession right of property rule SECTION seisin servitude sion slavery socage statute of frauds surrender tenant in fee term tion vested void voidable words
Popular passages
Page 513 - ... 1. Actual annexation to the realty, or something appurtenant thereto. 2. Appropriation to the use or purpose of that part of the realty with which it is connected. 3. The intention of the party making the annexation, to make the article a permanent accession to the freehold...
Page 321 - All lands ; within this State are declared to be allodial, so that, subject only to the liability to escheat, the entire and absolute property is vested in the owners, according to the nature of their respective estates.
Page 334 - So great moreover is the regard of the law for private property, that it will not authorize the least violation of it; no, not even for the general good of the whole community.
Page 500 - Appropriation or adaptation to the use or purpose of that part of the realty with which it is connected." (3) "The intention of the party making the annexation to make the article a permanent accession to the freehold; this intention being inferred from the nature of the article affixed, the relation and situation of the party making the annexation, and the policy of the law in relation thereto, the structure and mode of annexation, and the purpose or use for which the annexation has been made.
Page 335 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
Page 206 - The vendee acquires the property for himself, and his faith is not pledged to maintain the title of the vendor. The rights of the vendor are intended to be extinguished by the sale, and he has no continuing interest in the maintenance of his title, unless he should be called upon in consequence of some covenant or warranty in his deed.
Page 42 - Future estates are either vested or contingent. They are vested, when there is a person in being, who would have an immediate right to the possession of the lands, upon the ceasing of the intermediate or precedent estate.
Page 450 - But although the covenant be for him and his assigns, yet if the thing to be done be merely collateral to the land, and doth not touch or concern the thing demised in any sort, there assignee shall not be charged.
Page 531 - The rule to be collected from the several cases decided on this subject seems to be this, that the tenant's right to remove fixtures continues during his original term, and during such further period of possession by him, as he holds the premises under a right still to consider himself as tenant.
Page 101 - American citizens who now hold lands in the dominions of His Majesty, shall continue to hold them according to the nature and tenure of their respective estates and titles therein; and may grant, sell or devise the same to whom they please, in like manner as if they were natives and that neither they nor their heirs or assigns shall, so far as may respect the said lands and the legal remedies incident thereto, be regarded as aliens.