Modern American Law: A Systematic and Comprehensive Commentary on the Fundamental Principles of American Law and Procedure, Accompanied by Leading Illustrative Cases and Legal Forms, with a Rev. Ed. of Blackstone's Commentaries, Volume 5Eugene Allen Gilmore, William Charles Wermuth Blackstone Institute, 1914 |
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Other editions - View all
Common terms and phrases
adverse possession alienation apply appoint appurtenant barred breach CHAPTER claim co-tenants common law common recovery conditional limitation contingent remainder convey conveyance court holds covenant created curtesy death debts deed delivery doctrine dower easement England entitled equitable estate in fee estate is given estate tail estate upon condition example executory devise failure of issue fee simple fee tail feoffee feoffment feudal system freehold gift give grant grantor held homestead husband inheritance interest joint tenants land landowner LEADING ILLUSTRATIVE lease liable livery of seisin lord mainder marriage Mass ment mortgage owner particular estate party pass personal property possession premises prescription purchase real estate Real Property 6th reason remainderman rent restraint on alienation rule against perpetuities rule in Shelley's seal statute take effect tenant in tail tenants in common tenure testator's tion trees trust twenty-one valid void widow wife Williams word heirs
Popular passages
Page 703 - 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.
Page 850 - Every subject of the Commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property or character. He ought to obtain right and justice freely, and without being obliged to purchase it; completely, and without any denial; promptly, and without delay ; conformably to the laws.
Page 30 - This principle was that discovery gave title to the government by whose subjects or by whose authority it was made against all other European governments, which title might be consummated by possession.
Page 442 - ... every right to or interest in the land which may subsist In third persons, to the diminution of the value of the land, but consistent with the passing of the fee by the conveyance.
Page 693 - So it was early held that where a testator devised all his real and personal estate to his wife for life, and after her death to...
Page 829 - In cases of uncertainty not removed by the preceding rules, the language of a contract should be interpreted most strongly against the party who caused the uncertainty to exist.
Page 83 - It is a rule in law when the ancestor by any gift cr conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs in fee or in tail, that always in such cases 'the heirs' are words of limitation of the estate, and not words of purchase.
Page 505 - Mueller v. Nugent, 184 US 1, 14, 22 Sup. Ct. 269, 46 L. Ed. 405 : "it is as true of the present law as it was of that of 1867 that the filing of the petition is a caveat to all the world, and in effect an attachment and injunction (Bank v.
Page 604 - The facts, as stated in the case agreed, show the authority of the chiefs who executed this conveyance, so far as it could be given by their own people ; and likewise show, that the particular tribes for whom these chiefs acted were in rightful possession of the land they sold.
Page 846 - Issues of law must be tried by the court, unless referred as hereinafter provided ; and issues of fact arising in actions for the recovery of money only, or specific real or personal property, shall be tried by a jury, unless a jury trial be waived, or a reference be ordered as hereinafter provided.