A Treatise on the American Law of Real Property, Volumes 1-3Little, Brown,, 1868 - Real property |
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Common terms and phrases
9 Gray acquired action adverse possession Allen ancestor applied Barb bargain and sale blood bound boundary brothers and sisters cited claim clause common law Conn consideration Conv convey conveyance court covenant of seisin covenant of warranty Cush declared deed deed poll delivery descendants devise disseisin doctrine easement effect entry escheat estopped estoppel evidence executed father feme covert feoffment give granted premises grantee grantor Greenl habendum heirs held husband incumbrances indefeasible estate inheritance intended intestate Iowa issue Jackson Jamaica Pond Johns Kent kindred land lease limitation lineal marriage Mass Massachusetts mortgage occupation Ohio owner parcel parol party pass patent Penn person Pick Prest purchaser Rawle real estate Real Prop recitals referred respect rule seised Shep Smith Stat statute stream tenant thereby tion Touch trust valid Verm void Wend wife Wood words
Popular passages
Page 153 - ... the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Page 422 - The statutes provide that, in order to be valid, a will or codicil must be signed by the testator, or by some person in his presence and by his direction, "and attested and subscribed in his presence by three or more competent witnesses.
Page 154 - For the purpose of constituting an adverse possession, by any person claiming a title founded upon a written instrument, or a judgment or decree, land is deemed to have been possessed and occupied in the following cases: 1. Where it has been usually cultivated or improved; 2. Where it has been protected by a substantial enclosure; 3.
Page 362 - But every deed is to be construed according to the intention of the parties...
Page 39 - If the decedent leaves several children, or one child and the issue of one or more children, and any such surviving child dies under age and not having been married, all the estate that came to the deceased child by inheritance from such decedent descends in equal shares to the other children of the same parent and to the issue of any such other children who are dead, by right of representation.
Page 75 - But to the application of this prineiple, with respect to the title of property, it must appear (1) that the party making the admission by his declarations or conduct was apprised of the true state of his own title ; (2) that he made the admission with the express intention to deceive, or with such careless and culpable negligence as to amount to constructive fraud...
Page 181 - America, and to their successors and assigns, all that part of America lying and being in breadth from forty degrees of northerly latitude from the equinoctial line to the forty-eighth degree of the said northerly latitude, inclusively, and in length of and within all the breadth aforesaid throughout all the main lands from sea to sea...
Page 148 - Whenever a person having color of title, made in good faith, to vacant and unoccupied land, shall pay all taxes legally assessed thereon, for seven successive years, he or she shall be deemed and adjudged to be the legal owner of said vacant and unoccupied land, to the extent and according to the purport of his or her paper title.
Page 155 - ... 4. Where a known farm or a single lot has been partly improved, the portion of such farm or lot that may have been left not cleared, or not inclosed according to the usual course and custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved and cultivated.
Page 431 - Majesty, and her most noble progenitors, as by sundry other well-disposed persons: some for relief of aged, impotent and poor people, some for maintenance of sick and maimed soldiers and mariners, schools of learning, free schools, and scholars in universities, some for repair of bridges, ports, havens, causeways, churches, seabanks and highways, some for education and preferment of orphans...