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Abstract Offices
Abstract Offices. In All The Older Settled Portions Of Our Country. And In The Coun Ties Having A Large Population, The Records Have Be Come So Voluminous, That Individuals Or Corporations Have Established What Are Known As. Abstract Offices, Which Undertake, For Remuneration, To Furnish Abstracts Of Title To Real ...

Account
Account. In The Action Of Account The Defendant Was Called Upon To Render To The Plaintiff Justly, And Without Delay, A Certain Thing, To-wit: An Account Of His Receipts And Disbursements During The Time He Was The Planitiff's Bailiff, And, As Such Officer, Receiver Of His Money. This Obligation Does ...

Actions For Trespass On
Actions For Trespass On The Case. Actions On The Case Lie Generally To Re Cover Damages For Torts Not Committed With Force Actual Or Implied, As Was Required In The Original Tres Pass Writs ; Or For Acts Committed By Force When The Thing Is Intangible ; Or When The ...

Alluvion Deposits Belong To
Alluvion Deposits Belong To The Owner Of The Land Adjoining. Another Of The Rules Of The Common Law Is That All Accretions Or Alluvion Deposited Along The Shore Of A Running Stream By Gradual And Imperceptible Increase, Belong To The Owner Of The Adjoining Land, Where It Is Deposited, Called ...

And Consummated The Estate
The Estate By Curtesy May Be Said To Exist In Two Sta.ges, And Consummated. The Estate Of Cur Tesy Exists In Two- Stages: 1. In The Initiative, Upon The Birth Of Issue Capable Of Inheriting. 2. Consum Mated, Upon The Death Of The Wife. Sonle Of The Courts Have Intimated ...

Appendant And Appurte Nant
Appendant And Appurte Nant Distinguished. At The Early Common Law The Distinction Between Rights That Were Append Ant To Land And Rights That Were Appurtenant To It Were Clearly' Distinguished. The Word Appendant Sig Nified Something That Went With The Land As Necessary For Its Enjoyment. Thus, Under The. Feudal ...

Assumpsit
Assumpsit. In 152o It Was First Decided That Under The Statute Of Westminster Ii, Al Lowing New Writs In Like Cases, That One Who Sold Goods To A Third Person On The Faith Of The Defendant's Promise That The Price Should Be Paid, Might Have An Action On The Case ...

Authorities On The Law
Authorities On The Law Of Real Property. As Our Real Property Law Is Largely That Of England, It Follows That The Books By English Authors Would Be Of Authority Here, And We Have Many- English Works, Which With American Notes Are In Common Use. Among These We May Mention The ...

Authorities On The Of
Authorities On The Of Common Law Pleading. The Rules Of The Common Law Applicable To Pleading Are Recognized In Every State Where The Common Law Sys Tem Still Prevails, And Arc The Basis Of All Pleading, Even Under The Civil Codes, Which Abolish Special Forms Of Action And Otherwise Simplify ...

Cases Where No Freehold
Cases Where No Freehold Is Given The Ancestor Or Estate Of Inheritance To The Heirs. The First Two Exceptions To The Rule May Be Considered In Connec Tion, As The Reasoning Is The Same. If The Estate Given To The Ancestor Is Less Than A Freehold, It Is A Mere ...

Cases Where The Rule
Cases Where The Rule In Shelley's Case Does Not Apply. There Are Several Cases Where The Rule In Shelley's Case Does Not Apply, Or Which May Be Denominated As Exceptions To The Rule; These Are: T. Cases Where The Ancestor Is Not Granted An Es Tate Of Freehold, That Is, ...

Certain Iviiscellaneous Rules Of
Certain Iviiscellaneous Rules Of Pleading. I. The Declaration Should Commence With A Recital Of The Original Toth. Ii. The Declaration Must Be Conformable To The Original Zvrit. This Does Not Mean That It Must Bo Identical With The Writ. The Declaration States The Cause Of Action More Specially, Than The ...

Certiorari And Error
Certiorari And Error. A Writ Of Certiorari Issues From A Superior Court To One Of Inferior Jurisdiction, And Commands Such Inferior Court To Certify To The Former The Record Or Proceedings In A Particular Case. Upon Reception Of The Matter So Certified, The Superior Court May Proceed With The Cause ...

Cession Of Lands By
Cession Of Lands By The Colonies To The General At The Close Of The War For Independence, The Colonies Were Burdened With A Heavy Debt, And It Was Suggested By The Several States That The Land Belonging To Them Outside The Limits Of Their Several Jurisdictions Should Be Turned Over ...

Classes Of Property Mov
Classes Of Property Mov Able And Immovable. In The Infancy Of Civ Ilization Property Consisted Almost Solely Of Visible And Tangible Articles, Such As Cattle, Sheep, Buildings And Land, Now Termed Corporeal, As Distinguished From Incorporeal Property, As Debts, Rights In Action, And The Like, So Common To Modern Civilization. ...

Classification Of Courts As
Classification Of Courts As Regards The Keeping Of Records. Courts May Be Regarded As Of Two Classes As Regards The Keeping Of Their Records. These Are: 1, Courts Not Of Record. 2, Courts Of Record. 1. A Court Not Of Record Is One Of Whose Proceed Ings No Solemn Contemporaneous ...

Conclusion Of The Declar
Conclusion Of The Declar Ation. The Declaration Formerly Concluded With The Words: "and Therefore He Brings Suit And Good Proof." The Suit Was The Plaintiff's Band Of Followers Ready To Verify His Assertions. Bringing Them Was Called The "production Of Suit." Later The Mere As Sertion Became Called By That ...

Conditions Are Divided Into
Conditions Are Divided Into Conditions Precedent And Subsequent. Conditions Are Divided Into Two Classes : Precedent, And Subsequent. When The Condition Is Precedent The Estate Does Not Come Into Existence Until The Condition Is Performed. Consequently It Does Not Matter Whether The Condition Is Impossible, Illegal Or Against Public Policy, ...

Consolidation Of The En
Consolidation Of The En Glish Courts By The Judicature Act. In 1873 The English Courts Of Common Law, And All The Superior Courts Were Merged Into A Supreme Court Of Judicature, Which Consisted Of Two Permanent Di Visions, As Follows : The High Court Of Justice, And The Court Of ...

Constituent Elements Of A
Constituent Elements Of A Court. Every Court Is Composed Of At Least Three Constituent Elements, As Follows: The Actor Or Plain Tiff, Who Complains Of An Injury Done. 2, The Reus, Or Defendant, Who Is Called Upon To Make Satisfaction For It. 3, The Judex, Or Judicial Power, Who Is ...

Corporeal And Incorporeal Property
Corporeal And Incorporeal Property. In Addition To The Classification Of Property Into Movable And Immovable, Personal And Real, There Is Another Division Also To Be Noted, That Of Corporeal And Incorporeal. By Corporeal Property Is Meant Visible And Tangible Property, As A House, A Parcel Of Land, Chattels, And The ...

Counts
Counts 1n The Same Form Of Action May Be Joined. For The Purpose Of Lessening The Burdens Of Litigation, Certain Actions Or Grounds Of Complaint Are Required To Be Joined, Or Disposed Of In A Single Suit Between The Parties. The Rule Originally Was, That Counts In The Same Form ...

Covenant
Covenant. Covenant Is The Action Brought For The Breach Of An Agreement Expressed In A Deed, That Is, A Writing Sealed And Delivered. The Agreement Must Be Made In This Formal Way In Order To Be Binding. The Limi Tations Upon The Action Of Covenant Were Soon Appa Rent, It ...

Curtesy In The United
Curtesy In The United States. Unless Abolished By Statutes For The Ex Press Purpose, Or By Implication From Statutes Known As "married Women Acts," Giving To Married Women The Same Control Over Their Property As They Had Be Fore Marriage, Curtesy Exists In The States As At Com Mon Law. ...

Debt
Debt. In The Action Of Debt, The Idea Is That The Creditor Is Being Deforced Of His Money, Just As The Demandant Who Brings A Writ Of Right Is Being Deforced Of His Land. The Modern Action Of Debt Is Lineally Descended From The Writ Of Right For Money, Debt, ...

Detinue
Detinue. The Action Of Detinue, Originally Identical With Debt, Slowly Differentiated From It. In The Writ Or Action Of Debt, The Language Used Was, Debet Et Detinet (owes And Detains). It Appeared To The Legal Experts That In Some Cases The Word Debet Ought Not To Be Used, As Where ...

Dilatory Pleas
Dilatory Pleas. In A Plea To The Jurisdiction Of The Court, The Defendant Excepts To The Right Of The Court To Assume Jurisdiction Of The Subject Matter Of The Action Against Him. When The Plea Is To The Suspension Of The Action, It Alleges Some Fact Constituting An Objection To ...

Dower Defined And
Dower Defined And Dower Is The Estate Which The Widow Is Entitled To And Which Is Assigned To Her Out Of Any Freehold Of Inheritance Of Which Her Husband Was Seized During Coverture And Which Her Issue Might Possibly- Inherit. It Is Essential That The Estate Should Be A Freehold ...

Early History And Con
Early History And Con Struction Of An Estate Tail. The Life Es Tates First Granted By Feudal Lords Soon Came To Be En Larged Into Estates That Were Hereditary. To Make Such A Grant We Have Seen That The Word Heirs Had To Be Used. This Term Was At First ...

Effect Of A Breach
Effect Of A Breach Of The Condition. In The Case Of A Breach Of The Con Dition, Where The Grantor Has Reserved The Right To Re Enter, Upon Re-entering He Takes The Estate As Of The Time He Granted It. That Is, The Testator Takes The Same Estate Back Which ...

Effect Of A Conditional
Effect Of A Conditional Limitation Wherein The Entire Es Tate Is Not To Go Over To A Third We Have Seen That If An Estate Is Granted To A And His Heirs In Fee, Upon The Conditional Limitation That If He Dies Without Leaving Any Heirs Him Surviving (that Is, ...

Effect Of A Demurrer
Effect Of A Demurrer. The First Effect Of A Demurrer Is That It Admits All Such Mat Ters Of Fact As Are Sufficiently Pleaded In The Pleading Demurred To, That Is, It Is An Admission, For The Pur Poses Of The Demurrer, That The Facts Alleged Are True. In Considering ...

Effect Of Breach Of
Effect Of Breach Of Covenant Against Incum Brances. A Covenant Against Incumbrances Stand Ing Alone Is Broken As Soon As The Deed Is Given, If At All, But Since It Is Treated As A Covenant Of Indem Nity By The Courts, The Grantee Could Only Recover Actual Damages. That Is, ...

Effect Of Election Right
Effect Of Election Right To Change Form Of Action. Where A Pleader Has Elected One Form Of Action, He May Never Theless Abandon It, And After Duly Discontinuing The Action, He May Resort To Another. But Where There Are Two Inconsistent Remedies, He Is Bound By His Election, And Cannot ...

Effect Of Mistake In
Effect Of Mistake In A Subsequent Purchaser Of Land Has The Rig-ht To Rely Upon The Records As Showing The Exact Facts, Unless He Has Received Actual Notice That The Record Is Incorrect. In Some States The Person Or Persons Procuring- An Instrument To Be Recorded Are Held Responsible For ...

Effect Of Modern Statutes
Effect Of Modern Statutes On An Estate By Joint Tenancy. Stat Utes In The Various States And In Canada, Have Been Passed Abolishing The Main Feature Of Joint Tenancies, The Right Of Survivorship, Or The Jus Accrescendi, Ex Cept In Some Cases, As Regards Estates So Granted To Trustees, Husband ...

Ejectment
Ejectment. The Development Of The Action Of Ejectment Furnishes Probably The Best Il Lustration Of The Use Of Fictions That Is To Be Found In The History Of The Common Law. Orignally The Termor, Or Tenant Might Have An Action In Covenant Against The Lessor Or His Heirs, If He ...

Election Of Actions
Election Of Actions. Some Times The Plaintiff Has A Choice Of Remedies For The Same Injury. Thus: 1. Where The Title Of The Plaintiff Is Doubtful, He Should, If Possible, Choose A Remedy Requiring Proof Of Possession Only ; As Trespass, For Example, Rather Than Ejectment; And Trespass And Trover ...

Enlargement Of Remedies By
Enlargement Of Remedies By Statute Of Westminster. Ii. To Remedy Some Of The Defects Of The Formed Actions, The Famous Statute Of Westminster Ii (13 Edw. I, Ch. 24), Was Passed In 1285 ; Authorizing The Chancery To Frame New Writs (de Co-nsimili Case) In Cases Similar In Principle To ...

Entering The Verdict Of
Entering The Verdict Of The Jury. The Verdict, When Given, Is Formally Drawn Up And Entered On The Back Of The Record Of Nisi Prius. Such Entry Is Called The Postea, From The Lan Guage, "afterwards Came The Jury, Etc." Of Exceptions, And The Bill Of Exceptions. If Either Party ...

Every Remainder Of An
Every Remainder Of An Es Tate Of Freehold Must Have A Par Ticular Estate Of Freehold To It. The Legal Conception Of A Fee Simple Es Tate In Lands Is That It May Be Cut Into Ever So Many Parts, Or Estates, If Each Of Such Estates Is Supported By, ...

Exceptions To The Right
Exceptions To The Right Of Tenant In Tail To Bar The Entail. There Were Several Cases In Which The Tenant In Tail Was Not Permitted To Bar The Entail As Shown In The Last Section. Estates Tail Granted By The Crown As A Reward For Public Services Could Not Be ...

Executory Devises And The
Executory Devises And The Rule Against Perpetuities. Executory Devises Or Interests, As They Are Called, In Their Very Nature, By Putting Off The Vesting Of An Estate, Tend To Perpetuities, Since They Render The Fee Simple In Alienable During The Period For The Happening Of The Event Or Contingency. It ...

Extraordinary Actions
Extraordinary Actions. There Are A Number Of Extraordinary Actions, Which Were Developed From Time To Time, To Meet Emer Gencies, The Use Of Which Is Permitted Only When The Ordinary Forms Of Action Are Insufficient. These Are : I. Mandamus. 2. Procedendo. 3. Prohibition. 4. Quo Warranto. 5. Information. 6. ...

General And Special Warranties
General And Special Warranties. The Covenant Of War Ranty May Be General, As Against The Whole World ; Or Special, Against Particular Persons. The Covenant Of Warranty May Be Limited To The Acts Of The Grantor Himself, Or Otherwise Limited. Where The Warranty Is General The Adverse Claim Must Be ...

General Classification Of Actions
General Classification Of Actions. The Most Ancient Classification Of Ac Tions Is Into Real, Personal And Mixed. From The Ear Liest Times The Actor Or Pla'ntiff Had To Make A State Ment Of The Wrong Complained Of With A Claim For Redress In A Civil Action. These Formal Assertions Came, ...

Gifts To Classes Of
Gifts To Classes Of Persons Explained. A Gift Or Devise May Not Be Made To A Particular Person, But To A Class Of Persons. A Gift Is Said To Be To A Class Of Persons When It Is To All Those Who Shall Fall Within A Certain Category Or De ...

Grants That Are Not
Grants That Are Not Repug Nant To The Rule. A Vested Interest Is Never Repugnant To The Rule Against Perpetuities, Since It Is Not Subject To A Condition Precedent, And The Person Who Has The Vested Interest Has Also The Right To Alien Ate It. So If A Contingent Remainder ...

Grounds Upon Which A
Grounds Upon Which A In Arrest Of Judgment May Be Made. A Motion In Arrest Of Judgment May Be Made Upon The Ground Of Any Error, Apparent On The Face Of The Record. But Such Error Inust Be Substan Tial. Merely Formal Errors May Be Corrected By Amend Ment Of ...

Habeas
Habeas The Writ Of Habeas Corpus Ad Subficiendum (you Shall Have The Body For Submission), Is The Great Common Law Writ For Inquiring Into The Lawfulness Of The Detention Of Any Person. The Person Having, In His Custody The Party Restrained Of His Liberty Must Forth With Produce Him Before ...

How A Conditional Limita
How A Conditional Limita Tion Is Created. The Usual Words Creating A Conditional Limitation Are, "as Long As," "while," "dur Ing," Or "until," And The Like, Yet The Use Of These Words Is Not Conclusive. The Court Will Gather The Intent Of The Grantor From The Whole Instrument. ...

How A Grant Is
How A Grant Is Construed As Regards Creating A Vested Or Remainder. Whether A Remainder Is Vested Or Contingent Depends Upon The Language Creat Ing The Remainder. If In The Creation Of The Remainder The Conditional Element Is Incorporated And Made A Part Of The Description Of The Remainder, It ...

How A Motion For
How A Motion For A New Trial Is Supported. A Motion For A New Trial May Be Supported On One Or More Or These Grounds: I. The Judge's Misdirection To The Jury. 2. The Erroneous Admission Or Rejection Of Evidence. 3. The Verdict Of The Jury Being Contrary To The ...

How A Reversion Or
How A Reversion Or Re Mainder Might Be Conveyed At Com Mon Law. If A Tenant In Fee Simple Made A Lease Of His Land For A Term Of Years, His Reversion, In Law, Is But A Continuance Of His Former Estate, The Tenant By Lease Being Regarded As A ...

How A Will May
How A Will May Be Drawn So As To Give The Devisee The Right To Sell And Yet Have The Remainder Go To A Third Person. The Question Arises As To How To Draw A Will Allowing The Devisee The Power Of Disposition And Yet Have The Remainder Of The ...

How Can A Wife
How Can A Wife Release Her Dower While Husband Still Seized? In Some States As Michigan, The Wife May Make An Arrangement By Which She Deeds To Him All Her Inter Est As To Dower, So That The Husband Can Pass A Clear Title By His Individual Deed. But This ...

How Lands May Be
How Lands May Be Dis Charged Of The Right Of Dower. At The Common Law The Method Of Barring Dower In Lands Sold By The Husband Was By Levying A Fine, In Which The Wife Was Separately Examined. The Plan Also Grew Up Of Conveying The Land To Uses. As ...

Importance Of Subject
Importance Of Subject. One Of The Most Important Duties An Attorney-at-law Is Called Upon To Perform Is That Of Giving An Opinion Upon The Title To Real Property. To Be In A Position To Pass Upon Titles The Lawyer Should Be Familiar With Both The Common Law And Statute Law ...

Importance Of The Study
Importance Of The Study Of The Early English Common Law Pleading. While The Early Common Law System Is No Longer In Use In An Unmodified Form, Yet It Is Vitally Connected With The Development Of American And En Glish Law To-day, And Its Study Must Ever Be The Foun Dation ...

Inadequacy Of The Formed
Inadequacy Of The Formed Actions. These Formed Actions Were In Many Ways Inadequate. Thus They Afforded No Remedy For Injuries To Incorporeal Hereditaments ; Nor For The En Forcement Of An Agreement Not Under Seal ; Nor For In Juries To Reputation ; Nor To Health ; Nor For Acts ...

Incidents Of An Estate
Incidents Of An Estate For Life Meaning Of Freehold Estate. The Owner Of An Estate For Life, Designated As A Tenant For Life, Was Simply A Holder Of The Land By Feudal Prin Ciples. Such An Estate, As Well As An Estate Per Autre Vie Was Regarded As A Freehold ...

Incidents Of An Estate_2
Incidents Of An Estate By Curtesy. The Estate By Curtesv Is A Life Estate, And It May Be Leased Or Assigned By The Tenant In Cur Tesy For The Full Term And Without His Wife Joining In The Conveyance. The Purchaser Of Such An Estate Ac Quires All The Rights ...

Incidents Of An Estate_3
Incidents Of An Estate In Joint Tenancy. The Joint Tenants Being Regard Ed As But One Owner, Their Estate Or Interest Must Be Created At The Same Time ; That Is, A And B As Joint Ten Ants, Must Receive The Estate By The Same Grant, And Not Come Into ...

Incidents That Pass With
Incidents That Pass With A Grant Of Minerals. When The Owner Of Lands Conveys To Another Some Particular Mineral Or Minerals, There Passes As Appurtenant To The Grant, The Right For The Purchaser Or His Representatives To Go Upon The Surface And Sink A Shaft For The Purpose Of Finding ...

Institution Of Justices In
Institution Of Justices In Eyre And Assizes. As The Superior Efficiency Of The Curia Regis Became Recognized, It Came To Be Overrun With Suitors, So Much So That In 117o King Henry' Ii. Appointed Justices To G-o About The Kingdom And Hear Complaints In The Various Counties Or Dis Tricts. ...

Judicial Machinery Under The
Judicial Machinery Under The Anglo-saxons. The Anglo-saxon Pro Cedure In Administering Justice Was Very Completely Decentralized. The Several Counties Of The Kingdom Each Did Separately And Finally Its Own Judicial Work. Appeals Were Discouraged, And The Administration Of Justice Was Crude And Simple. At The Head Of Each County, Or ...

Jurisdiction Of The Court
Jurisdiction Of The Court Of King's Bench. The Court Of King's Bench Was The Remnant Of The Curia Regis. Like That Great Court, It Purported To Be Presided Over By The King In Person, Although For Centuries The King Took No Part In Its Deliberations. It Possesses The Residuum Of ...

Jurisdiction Of The Other
Jurisdiction Of The Other Courts. The Common Bench Or Court Of Common Pleas, Is A Court Of Record. It Was Originally The Great Common Law Tribunal Which Acquired Exclusive Juris Diction Of Pleas Or Causes Between Subject And Subject Or Private Persons. It Also Retained Its Exclusive Jurisdiction Of Real ...

Kinds Of Mixed Actions
Kinds Of Mixed Actions. The Principal Mixed Actions Are: 1. Quare Impedit (wherefore He Obstructed), By Which, When The Right Of A Party To A Benefice Was Obstructed, He Could Re Cover The Presentation. 2. Waste, By Which The Owner Of Land, Could Recover The Land And Treble Damages For ...

Kinds Of Real Actions
Kinds Of Real Actions. All Real Actions Were At First Included Under The Following Divisions: 1. Writs Of Right, So-called. 2. Writs In The Nature Of Writs Of Right. 1. Writs Of Right Dealt Not Merely With Seizin Or Possession Of Land, But With The Jus, Or Right To Its ...

Land Owned By Great
Land Owned By Great Passed To The United States On The Acknowledgement Of At The Time The Independence Of The United States Was Acknowledged By Great Britain, She Possessed All That Portion Of The Present Territory Lying North Of The Gulf Of Mexico, And East Of The Mississippi River, Except ...

Liability Of Examiner Of
Liability Of Examiner Of Title. One Who Makes An Examination Of Title To Land, And Gives A Certificate As To It, Is Not An Insurer Of The Title ; But Becomes Responsible For Mistakes Made Through Ignorance Or Want Of Care And Legal Knowl Edge. The General Rule Being, That ...

Limitations Upon The Seven
Limitations Upon The Seven Rules. There Are Certain Limi Tations And Restrictions Placed Upon The Foregoing Rules Tending To Produce Certainty By Other And Subordinate Rules Of Pleading, As Follows: 1. It Is Not Necessary In Pleading To State That Which Is Merely Matter Of Evidence. 2. It Is Not ...

Mandamus
Mandamus. The Writ Of Mandamus (we Command), Is A Man Date Issuing, In England, In The King's Name From The Court Of King's Bench, And Addressed To Any Person, Corporation, Or Inferior Court Of Judicature Within The King's Dominions, Requiring To Be Done Some Particular Ministerial Act Therein Specified, Which ...

Manure Is Held To
Manure Is Held To Be Real Property At Common Law. A Number Of Rules Fixing The Nature Of Property' G-rew Up At The Common Law, And Which Have Come Down To Modern Times, One Of These Is, That Manure Is Real Property And Belongs To The Land. Therefore A Tenant ...

May Be Appendant Or
May Be Appendant Or Appurtenant To Land. It Is Said That Nothing Can Be Properly Ap Pendant Or Appurtenant To Anything Unless The Prin. Cipal Or Superior Thing Is Of Perpetual Existence Or Continuance. Again, The Appurtenance And Thing To Which It Is Appurtenant Must Be Of The Same Nature. ...

Meaning Of A Remainder
Meaning Of A Remainder. "if At The Same Time With The Grant Of The Particular Estate He (the Grantor) Should Also Dispose Of His Re Maining Interest Or Reversion, Or Any Part Thereof, To Some Other Person, It Then Changes Its Name, And Is Called, Not A Reversion, But A ...

Meaning Of A Reversion
Meaning Of A Reversion. A Reversion Is That Estate Which The Grantor Has After The Particular Estate Which Has Been Granted To Another Terminates. In Other Words, A Reversion Is That Por Tion Of The Fee Simple Which Remains In The Grantor After The Termination Of A Particular Estate Which ...

Meaning Of An Estate
Meaning Of An Estate Tail. An Estate Tail Arose When Land Was Granted To A Man And The Heirs Of His Body. It Is Such An Estate As Will Descend, On The Decease Of The First Owner, To All Of His Lawful Issue, Children, Grandchildren, And More Remote Descendants, So ...

Meaning Of An Estate_2
Meaning Of An Estate In Fee Simple. "an Estate In Fee Simple (feudunt Simplex) Is The Greatest Estate Or Interest Which The Law Of En Gland Allows Any Person To Possess In Landed Property. A Tenant In Fee Simple Is He That Holds Lands Or Tene Ments To Him And ...

Meaning Of An Estate_3
Meaning Of An Estate In Joint Tenancy. By Joint Tenancy Is Meant That Two Or More Persons Hold The Title And Profits Of Land, As Respects All Other Persons, As Though They Constituted One Single Person. As Between Themselves They Have Distinct Rights, But Such Rights Are Equal In Every ...

Meaning Of An Executory
Meaning Of An Executory Devise. An Executory Devise Is An Estate Given By Will Upon A Conditional Limitation, And Which Interest Goes Over To A Third Person Upon The Happening Of The Event Which Terminates The First Estate Created By The Will. Since The Tenant Taking The Estate Upon The ...

Meaning Of An Incumbrance
Meaning Of An Incumbrance. An Incumbrance Within The Meaning Of The Covenant Against Incumbrances, Has Been Defined To Be Any Right To, Or Interest In The Land, That May Subsist In Any Third Person To The Diminu Tion Of The Value Of The Land, But Consistent With The Passing Of ...

Meaning Of Covenants
Meaning Of Covenants. Covenants, Or Covenants Of Title Have Nothing To Do With Title So Far As The Conveying Or Withholding Of Title Is Concerned. Though It Is A Matter Of Common Belief That A Warranty Deed With Full Covenants Of Title Conveys A Better Title Than A Quit Claim ...

Meaning Of Process And
Meaning Of Process And Kinds Of Process. Process Is The Means Used By The Judicial Authorities To Express Their Orders, And, If Need Be, To Enforce A Compliance Of The Same. The Order Is Seldom Made, But Is Generally Implied. Process Is Divided Into Three Kinds, Which Are Designated: I. ...

Method Of Examining Ti
Method Of Examining Ti Tle. When Called Upon To Investigate The Validity Of A Title It Is Always Advisable To Procure An Abstract Of The Title As A Foundation For The Work. Then Write Out Carefully A Description Of The Property, The Title To Which Is In Question. This Description ...

Nature And Incidents Of
Nature And Incidents Of A Dower Interest Before It Has Be Come Vested. Until Dower Becomes Vested, It Is Subject To The Control Of The Legislature, And May Be Changed, Modified Or Abolished Without Violating Any Constitutional Provision. But The Interest Which The Wife Has Is So Far A Valuable ...

Nature And Quality Of
Nature And Quality Of The Estate Subject To Dower. The Estate Of The Husband To Entitle The Wife To Dower Must Be A Freehold Estate That The Issue Of The Wife Might By Possibility- Inherit. The Estate Of The Husband Must Confer A Right To An Immediate Freehold, That Is, ...

Nature Of An Estate
Nature Of An Estate Grant Ed Upon Condition. When An Estate Is Grant Ed Upon Condition, The Grantor Does Not Part With His Entire Interest ; He Has Reserved To Himself And His Heirs The Right To Re-enter Upon Breach Of The Condi Tion, This Portion Of The Estate Remains ...

Nature Of An Estate_2
Nature Of An Estate Upon Conditional Limitation. An Estate Upon Conditional Limitation Differs From An Estate Upon Con Dition In Several Particulars : I. When The Grant Is Upon A Conditional Limitation, The Whole Estate Passes From The Grantor And Nothing Is Reserved. Where There Is A Condition Subsequent The ...

Nursery Trees And Shrub
Nursery Trees And Shrub Bery Are A Part Of The Realty. Nur Sery Trees And Shrubbery, Although Planted With The In Tention Of Removal, Arc Regarded As Part Of The Realty, And Unless Reserved, Will Be Covered By A Mortgage On The Realty, And Will Pass To The Vendee Upon ...

Or Aboriginal Inhabitants To
Rights Of The Indians, Or Aboriginal Inhabitants To The Land. At The Time Of The Discovery Of America By Colum Bus In 14.92, The Territory Of The Various States Was Sparsely Inhabited By Various Tribes Of Indians, Who Were Differently Organized In The Various Portions Of The Country. The Organization ...

Or Are Generallyregarded
Annual Crops, Or Are Generally Regarded As Personalty. In This Country The G-eneral Rule Is That Emblements Or Annual Crops Are Personal Prop Erty, And Are Not An Interest In Land. So That They Can Be Levied Upon As Personal Property ; But Upon The Death Of The Owner Of ...

Or Doubtful In Meaning
Rule Ii Pleadings Must Not Be Ambiguous, Or Doubtful In Meaning, And When Two Different Meanings Present Themselves, That Construction Shall Be Adopted Which Is Most Unfavorable To The Party Pleading. Under This Rule It Is Sufficient If The Pleadings Be Certain To A Common Intent, That Is, If It ...

Or Land Otherterms
Other Terms Used To Desig Nate Corporeal Hereditaments, Or Land. A Number Of Words And Phrases That Have Come To Have General Significance And Meaning, And Are Commonly Used In The Law Of Real Property Need Some Explanation To Enable The Student To Comprehend Their Meaning. The Word Messuage Is ...

Organization Of Courts In
Organization Of Courts In The United States. In The United States The Courts May Be Divided Into Two Classes : Federal Courts, And State Courts. The First Organized Under Acts Of Congress By The National Government, And The Others By Act Of The Various Legislatures Under The State Constitutions. These ...

Origin Of An Estate
Origin Of An Estate For Life. It Is Said By- Blackstone And Other Writers That Fees Or Esta,tes Were Originally Held At The Will Of The Lord, And Rose By Degrees, Through The Stages Of Leases For Years And For Life, To The Dignity- Of Inheritances. But Williams, In His ...

Origin Of The Court
Origin Of The Court Of Ex Chequer. From About R Loo A. D., The Court Of Exchequer Appears As A Distinct Court. This Court Was Composed Of Some Of The King's Principal Officers Of Finance, And Sat To Receive The Sheriffs And All Other Accountants And Collectors Of The Crown, ...

Origin Of The Court_2
Origin Of The Court Of Common Bench Or Common Pleas. The Increase Of Suitors In The Curia Regis Increased The In Convenience Caused By The Court's Following The King From Place To Place, And Became A Subject Of Great Complaint, So That In 1215 King John Was Compelled To Promise ...

Origin Of The Terms
Origin Of The Terms "real Property" And "personal Property. Under The Feudal System Land Was Known By The Name Of Tenements And This Designation Maintained Un Til The Feudal System Began To Decline, Commercial Systems To Spring Up, And The Growth Of Liberty Among The People Demanded A Change In ...