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 5

Front Cover
Eugene Allen Gilmore, William Charles Wermuth
Blackstone Institute, 1914
 

Selected pages

Contents

All lands held of king
33
Tenure in chivalry
34
Villeinage and copyhold tenures
35
Tenure in England today
36
CHAPTER VII
38
The effect of seisin on devise of land
39
Disseisin
40
Seisin vital today
41
Livery of seisin and feoffment
43
Livery of seisin in the United States
44
CHAPTER VIII
45
Who may be freeholdersPersonsAliens
46
Freehold must be continuous
52
Unlimited right of alienation
58
27
62
SECTION
64
Other methods of docking entail
78
SECTION
79
Origin and reason for rule
85
When the effect of the word heirs is changed
90
The rule in Shelleys Case in the United States
96
Apportionment of rent
102
SECTION PAGE 137 Fees
106
Conditional restraint on fee in general
107
Perpetuities
108
Grants to corporations
109
Estates of married women
110
The American rule as to spendthrift trusts
111
Jurisdictions opposed to the American rule
112
Trusts for grantor
113
CHAPTER XVI
114
Validity
115
Conditions subsequent
116
Time of performing conditions
117
Same subject
118
Conditions in restraint of marriage
119
The use of land may be restricted in the grant
120
Same subjectWhere condition is of no value to grantor
121
Assignment of possibility of entry
122
Conveyance of right of entry after condition broken
123
SECTION PAGE 168 Effect of a breach of the condition
124
Equitable relief against breach
125
CHAPTER XVII
126
Same subjectConsideration for grant
127
Uses as an attack on the feudal system
130
Lease and releaseBargain and sale
132
Application of statute to a use on a use
134
Effect of the statute on devises
135
CHAPTER XVIII
136
When conversion takes place
137
At what instant conversion takes place
138
Effect of option
139
CHAPTER XIX
141
Meaning of a remainder
142
Remainders and reversions distinguished
143
Future estates at common law
144
Estates at common law could not begin at a future time
145
How a reversion or a remainder might be conveyed at common law
146
SECTION PAGE 192 When the seisin of any subsequent estate must take effect
147
Fee simple divided into successive estates
148
Necessity of a particular estate of freehold
149
Construction as to vested or contingent remainder
151
Remainder to right heirs
152
Alteration of interests before testators death
153
Remainderman may be uncertain during particular estate
154
Remainders after estates tail
155
Heirs construed heirs of the body
156
Rule of vesting
157
CHAPTER XX
158
Possibility on a possibility
159
Presumptions of construction
160
Contingent remainder distinguished from conditional limitation
161
Contingent remainder must not lap over preceding estate
162
Trusts to preserve contingent remainders
163
Merger of contingent remainders
164
Merger to squeeze out contingent remainder
165
Words of condition or of limitation
173
Meaning of an executory devise
180
Growth of ruleLimitation within life in being
186
Period of minority added to rule
189
idates
195
CHAPTER XXIII
201
SECTION PAGE
211
Rules for determining whether a devise to a class
217
CHAPTER XXVI
223
CHAPTER XXVII
229
CHAPTER XXVIII
232
Presumption in this country
233
Conveyance to several and their representatives
234
What property may be held in cotenancy
235
CHAPTER XXIX
237
Creation by descent
238
Creation by two grants of some property
239
Incidents of tenancy in common
240
Rights to use and possession
241
Liability of one tenant for rent
242
Rights of action
243
CHAPTER XXX
244
Nature
245
Unity of time
246
Examples
247
Lapse
248
Severance of an estate by joint tenancy
249
Effect of modern statutes on an estate by joint tenancy
250
CHAPTER XXXI
251
Mutual rightsConveyances
252
CHAPTER XXXII
254
The freehold estates of dower and curtesy
255
Curtesy and dower in wild lands
256
Protection of rights of wife in community property
257
CHAPTER XXXIII
258
Curtesy in the United States
259
Requisites of an estate by curtesy
260
Nature of curtesyTransfer
261
Seisin fundamental to curtesy
263
Incidents of an estate by curtesy
264
Same subject
265
To what estates curtesy will attach
266
SECTION PAGE 342 The estate by curtesy cannot be barred by will of the person giving the lands to the wife
267
CHAPTER XXXIV
269
Origin of dower
270
Nature of dower
271
Same subject
272
Nature of dower before vesting further considered Legislative control
273
Aliens
274
Dower in mortgaged property on foreclosure
275
To what does the dower attach ?Wild lands
276
Seisin of husband as requisite to dower
277
On exchange of lands
278
Dower in equitable estates
279
The law will not grant dower out of a dower estate
280
How to bar dower
281
Loss of dower by dedication
282
Jointure to bar dower
283
Gift by will in lieu of dower
284
Dower barred by adverse possession
285
Proceedings to enforce assignment
286
Time of estimating valueImprovements
287
Same subject
288
CHAPTER XXXV
290
Estate to support homestead
297
392
303
SECTION PAGE 399 Ownership above and below surface
309
Aerolites belong to the owner of the land
310
Rule when tree extends over the property line
312
Trees on boundary line
314
CHAPTER XXXVII
315
Rule as to natural fruits of the soil
316
Annual crops or emblements are generally regarded as personalty
317
On death of testator
318
Landlord and tenant
319
Trees and shrubbery
321
Standing forest trees are a part of the realty
322
CHAPTER XXXVIII
323
Liberal construction of waste in this country
324
Liability of tenant at will to repair
325
Alterations in premises
326
Changing nature of use
327
Removal of structures erected by tenants
328
Mines
329
SECTION PAGE 427 Abandonment of mines
330
Actions
331
CHAPTER XXXIX
332
Boundaries fixed by acts of the parties
333
Evidence to locate boundaries
334
Statutory methods of determining boundaries
335
Whether monuments courses or distances prevail
336
Measuring from building
337
Boundary on street where distances reach only to edge of street
338
Where street is on edge of lot and wholly on land of one owner
339
Boundary on street not constructed
340
Boundary on river
341
Division of land under water
342
CHAPTER XL
343
By custom
344
Fence along highway
345
Proper kind of fence
346
PART III
347
English rule of acquisition of easement of light by prescription
348
No right to light by prescription in this country
349
Right to air free from smell and noise
350
Acts proper in certain localities
351
No prescriptive right till injury done
352
SECTION PAGE 481 In case of intervening owner
363
When damage does not immediately follow excava tion
364
Effect of existence of buildings
365
Right of support subordinate to rights in percolating waters
366
Liability for removing solids in solutionQuicksand
367
CHAPTER XLIII
369
Easement in gross
370
Presumption against easement in gross
371
Easements by custom in this country
372
Requisites of right of way
373
Way to what place
374
Way by necessity
375
Repairs or grade of way
376
Right to drain
377
Right to pond water
378
Mill Acts
379
Abandonment of easement
380
Merger
381
CHAPTER XLIV
383
Implied license to purchaser of chattel to get it
384
Same subject
385
CHAPTER XLV
386
Common of pasture
387
Other commons
388
Prescriptive right to fish in private waters
389
CHAPTER XLVI
391
Alterations in party walls
392
CHAPTER XLVII
394
Attornment
395
Distress
396
CHAPTER XLVIII
397
PART IV
403
Stamped paper
409
CHAPTER L
413
Same subject
414
Orally with change of possession
415
Must operate at once
416
CHAPTER LI
418
Delivery in escrow
419
Conditional delivery
420
Delivery to third party
421
Delivery to agent
422
Recording as delivery
423
Acceptance
424
CHAPTER LII
426
Aliens
427
Deed to grantor
428
ABSTRACTS OF TITLE SECTION PAGE 585 Importance
430
Method of examining title
431
Title passing on death
433
Liens
434
Liability of examiner of title
435
CHAPTER LIV
437
Title defined and explained
438
The covenant of seisin
439
The covenant of the right to convey
441
Same subjectMeaning of an incumbrance
442
Easements as incumbrances
443
The covenant for quiet enjoyment
445
The covenant of warranty
446
History of warranties
448
Same subjectGeneral and special warranties
449
Collateral warranty
450
When breach occursEnglish rule
451
When breach occursAmerican view
452
Whether warranty runs with land
453
Intermediate grantors
454
Same subject
455
When covenant runs with land
456
SECTION PAGE 615 Damages
457
Enforcement in equity
458
Title by estoppel
460
Feeding the estoppel
461
CHAPTER LV
463
Effect of mistake in record
465
Error in grantors middle name
467
A mortgagee is regarded as a purchaser under the recording laws
468
CHAPTER LVI
470
Purpose and effect
471
Operation
472
Power of court over defective titles
473
Typical case for registration
474
CHAPTER LVII
475
Principles
476
For what purposes
477
Acceptance
478
Same subject
479
CHAPTER LVIII
480
Fractional sections
482
Rights of riparian owners
484
Sale of public lands
485
CHAPTER LIX
487
Exclusive power
488
Exercise must be in accordance with power
489
Same subject
490
Same subject
491
Nonexclusive power
492
Illusory appointment
493
Same subject
494
Abatement of power
495
Release of power appendant
496
Release of power in gross
497
SECTION PAGE 669 Same subjectTortious conveyances
498
Same subjectSpecial powers in gross
500
B DURING LIFE WITHOUT CONSENT OF OWNER CHAPTER LX
502
Eminent domain
503
Right to take easement by eminent domain
504
Bankruptcy
505
CHAPTER LXI
507
When title passes
508
CHAPTER LXII
509
Appraisal
510
Purchasers
511
Vacating sale
512
CHAPTER LXIII
513
Accounting owelty sale
514
CHAPTER LXIV
516
Knowledge of owner
517
Same subjectIn the United States
518
Defenses against acquisition of easements by pre scription
519
Requisites of constructive possession
520
Nature of claim under paper title
521
Amount of land which can be claimed by construc tive possession
522
Successive constructive possessions
523
Projecting eaves
524
Disseisin by election
525
Remainders or reversions
526
Possession under a lease
527
Prescription between states and nations
528
Estoppel against municipalities
529
Interruptions
530
Mere protest not an interruption
532
Disabilities
533
Disabilities in case of easements
534
Where land submerged can be identified
537
The word appurtenant
564
556
573
Leading Illustrative Cases Table of Contents
583
NATURE OF OWNERSHIP IN LAND
591
REAL AND PERSONAL PROPERTY DISTINGUISHED
593
Smith
598
Hargraves Note
615
CHAPTER XI
625
Cope
631
CHAPTER XIII
637
CHAPTER XIV
643
CHAPTER XV
647
Eaton
648
CHAPTER XVI
656
CHAPTER XVII
662
Swisher et al
670
CHAPTER XXI
682
CHAPTER XXIV
698
Legal and equitable estates
705
CHAPTER XXIX
713
CHAPTER XXXII
719
CHAPTER XXXIII
727
In Re Rausch
739
HOMESTEAD EXEMPTIONS
741
The nature of things that may be appendant
746
CHAPTER XXXVII
751
CHAPTER XXXIX
759
Asher
776
CHAPTER XLIII
783
Bartron
791
Transfer of rights appurtenant
801
PART IV
808
CHAPTER LI
816
Alabama Coal Coke Co v Gulf Coal Coke Co
822
Joiner et al v Ardmore Loan Trust Co
828
CHAPTER LV
836
CHAPTER LVII
855
CHAPTER LIX
864
Oregon Short Line R R Co v Hallock et al
870
CHAPTER LXII
876
Clinchfield Coal Co et al v Viers
883
Index
891
What charitable gifts subject to rule
896
Relations of the United States government with
925
Restriction on the power to lease
927
106
942
Copyright

Other editions - View all

Modern American Law: A Systematic and Comprehensive Commentary on ..., Volume 5
Eugene Allen Gilmore,William Charles Wermuth
Full view - 1917
Modern American Law: A Systematic and Comprehensive Commentary on ..., Volume 5
Eugene Allen Gilmore,William Charles Wermuth
Full view - 1914

Common terms and phrases

adverse possession alienation apply appoint barred breach claim co-tenants common law 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 execution executory devise failure of issue fee simple fee tail feoffee feoffment feudal system freehold gift give grant grantor held homestead husband incumbrances inheritance interest joint tenancy land landowner LEADING ILLUSTRATIVE lease liable livery of seisin lord mainder marriage Mass ment mortgage owner particular estate party pass personal property premises prescription purchaser real estate Real Property 6th reason remainderman rent restraint on alienation right of action rule against perpetuities rule in Shelley's statute Suppose take effect tenant in tail tenants in common tenure testator's tion trees trust twenty-one valid void widow wife Williams word heirs

Bibliographic information

TitleModern 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 5
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, Eugene Allen Gilmore
EditorsEugene Allen Gilmore, William Charles Wermuth
PublisherBlackstone Institute, 1914
Original fromthe University of California
Digitized10 Oct 2008
  
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