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Other Examples Where The
Other Examples Where The Rule Does Not Apply. The Rule In Shelley's Case Requires That The Freehold Shall Be Granted To The Ancestor, And In The Same Instrument The Fee Simple Or Fee Tail Shall Be Limited To His Heirs. Consequently If A Freehold Is Given To A, And Remainder ...

Other Pleadings Of Occa
Other Pleadings Of Occa Sional Occurrence. There Are Certain Pleas And Incidents Of Only Occasional Occurrence, That Diversify The Ordinary Course Of Pleadings. Sometimes A Matter Of Defense Arises After A Con Tinuance And Before The Time To Which The Cause Was Continued. This The Defendant Pleads In A Plea ...

Other Pleadings To Arrive
Other Pleadings To Arrive At An Issue. With Either Form Of Joinder Above Mentioned The Parties Are "at Issue," And The Plead Ings Are At An End. But Instead Of Traversing The Declaration, The Defendant May Plead A Dilatory Plea, Or A Plea By Way Of Confession And Avoidance. In ...

Other Remedies Are Ap
Other Remedies Are Ap Plied Through The Instrumentality Of Courts. Where For The Redress Of An Injury There Is Required The Concurrence Of The Act Of The Party- Or Parties, And The Operation Of Law, Courts Are Required. A Court Is An Institution Of The State The Pur Pose Of ...

Owner Of The Land
Owner Of The Land. It Has Been Held That Aerolites Or Meteoric Stones Falling From The Sky Are Added To The Land On Which They Fall, And The Title To Them Is In The Owner Of The Land. ...

Peremptory Pleas
Peremptory Pleas. A Per Emptory Plea, Or Plea In Bar Of The Action, Shows Some Ground For Barring Or Defeating The Alleged Cause Of Action. Its Prayer Is That The Plaintiff May Be Barred From Further Pursuing His Said Action. The Plea May Either Traverse (deny) The Matter Of The ...

Pleadings In General
Pleadings In General. Un Der This Head, Mr. Stephen Examines : I. The Nature And Properties Of Traverses. 2. The Nature And Prop Erties Of Pleading In Confession And Avoidance. 3. The Nature And Properties Of Pleadings In General, Without Reference To Their Quality, As Being By Way Of Traverse, ...

Pleas By Way Of
Pleas By Way Of Traverse. A Traverse At Once Brings The Cause To An Issue, And So Concludes With The Offer Of A Mode Of Proving The Denial. This Is Called "tendering Issue," And The Issue So Tendered Is Called An "issue In Fact." A Demurrer, As We Have Already ...

Pleas In Confession And
Pleas In Confession And Avoidance. Pleas In Confession And Avoidance Are Divided, With Respect To Their Subject Matter, Into: I. Pleas In Justification Or Excuse. 2. Pleas In Dis Charge. The Effect Of Pleas In Justification Or Excuse Is To Show That The Plaintiff Never Had Any Right Of Action, ...

Principles Applicable To Traverses
Principles Applicable To Traverses In General. The Following Prin Ciples Are Applicable To Traverses In General : 1. A Traverse Must Deny Modo Et Formo (in Man Ner And Form) As Alleged. This Is Required That The Traverser May Take Advantag-e Of Any Variance Between His Opponent's Allegations And His ...

Procedendo
Procedendo. The Writ Of Procedendo Ad Judicium (for Proceed Ing To Judgment), Issues In England, Out Of The Court Of Chancery, Commanding An Inferior Court, Which Improperly Delays Judgment, To Give It, But, Of Course, Without Specifying What Judgment Is To Be Given ; Since Judgment, If Erroneous, Must Be ...

Process Used To Institute
Process Used To Institute A Suit Is A Summons. In The United States, Generally, A Sum Mons Is The Form Of Process Used To Institute A Suit. It Is Generally Attested By The Chief Justice, Or Presid Ing Judge Of The Court From Which It Issues, And Is Returnable To ...

Prohibition
Prohibition. A Writ Of Prohibition Is A High Prerogative Writ, Issuing Properly Out Of The Court Of King's Bench, Directed To The Judge And Parties To A Suit In An In Ferior Court, Commanding Them To Ccase From The 3prosecution Thereof. It Issues Upon A Suggestion Of Usurqation Of Jurisdiction ...

Proof Of Title From
Proof Of Title From Rec Ords. Title To Land May Be Proven From The Records In Two Ways : 1. The Records Themselves May Be Brought Into Court And Introduced In Evidence, Which Is The Usual Way Where The Records Are Of Easy Access. 2. By A Certified Copy Of ...

Quantity Rule Iii The
Rule Iii The Pleadings Must Specify Quality, Quantity, And Value. The Third Rule Under This Division Is That The Pleadings Must Specify Quality, Quantity Add 'value. Value Must Be Specified In The Legal Denominations Of The Money Of The Country. Quantity, Should Be Speci Fied By The Ordinary Measures Of ...

Quo
Quo The Writ Of Quo Warrant° (by What Authority), Is In The Nature Of A Writ Of Right For The King Or State Against Him Who Claims Or Usurps Any Office, Franchise, Or Liberty, To Inquire By What Author Ity He Supports His Claim, In Order To Determine The Right. ...

Recording Laws Purely Statutory
Recording Laws Purely Statutory. In All Of The States There Are Statu Tory Provisions For The Recording Of Deeds And Mort Gages And All Other Proceedings And Instruments Af Fecting The Title To Real Estate. These Statutes Are Purely Local, But Are Substantially Uniform In The Va Rious States. The ...

Records Where Kept And
Records Where Kept And How Entered. These Records Affecting Title To Lands Are Usually Required To Be Kept At The County Seat Of The Various Counties In The State, And Separate Books Are Kept For Deeds, Mortgages And Other Instru Ments, As Leases, Execution Levies, Land Contracts, And The Like. ...

Relations Of The United
Relations Of The United States Government With The Indian Tribes. The Relations Of The General Government With The Various Indian Tribes Has Been Somewhat Anomalous. While The Indian Is Regarded As Having No Paramount Title To The Land, Yet The Tribes Are Con Sidered So Far Independent As To Enable ...

Replevin
Replevin. Replevin Is An Action By Which Where Goods Have Been Illegally Distrained, Or Were Charged To Have Been Il Legally Detained, Their Owner Could At Once Regain Pos Session Of Them. This Was Its Peculiar Characteristic. But Before The Plaintiff Could Get This Writ Of Replevin, He Was Required ...

Rights Of A Tenant
Rights Of A Tenant In Tail. The Tenant In Tail Could Cut Down Timber And Commit Waste, Without First Barring The Entail. He Was Also Allowed By Statute To Make Leases Of The Land, Not To Exceed Twenty-one Years, Or Three Lives, From The Day Of Making Thereof, And The ...

Rights Of Riparian Owners
Rights Of Riparian Owners. When The Government Sells Land Bordering On A River, Or Fresh Water Stream, The Several Riparian Owners Have A Right To Use The Water In Common For All Ordinary Purposes. If It Is A Lake Or Stream Of Considerable Size And Irreg Ular Shape The Right ...

Rule As To Natural
Rule As To Natural Fruits Of The Soil. It Is The General Rule That Natural Fruits Of The Soil Are An Interest In Land, And The Sale Or Mortgage Of Such Products Must Be In Writing To Satisfy The Statute Of Frauds. So That If It Is Desired To Sell ...

Rule Ii It Is
Rule Ii It Is Not Allowa Ble Both To Plead And To Demur To The Same Niatter. The Second Rule To Procure The Singleness Or Unity Of Issue, Is That The Pleader Cannot Both Plead And Demur To The Same Matter. This Rule Does Not Extend To Prohibit One From ...

Rule Ii Pleadings Must
Rule Ii Pleadings Must Have Certainty Of Time. The Second Rule Tending To Produce Certainty In The Issue, Is That The Pleadings Must Have Certainty Of Time. In Personal Actions The Pleadings Must Allege The Time, That Is, The Day, Month And Year When Each Traversable Fact Oc Curred; And ...

Rule Ii To Prevent
Rule Ii To Prevent Pro Lixity And Delay. Where A Plea Amounts To The General Issue It Should Be So Pleaded. It Is Held That The Court Is Not Bound To Adhere To This Rule, But That It May In Its Discretion, Allow A Special Plea Amounting To The General ...

Rule Ii Upon A
Rule Ii Upon A Traverse Issue Must Be Tendered. The Second Gen Eral Rule Of Pleading Is That Upon A Traverse, Issue Must Be Tendered. The Traverse Involves A Contradiction Or Denial Of The Preceding Pleading, Hence An Issue In Fact Has Been Reached, And The Rule Expresses The Sensible ...

Rule Iii Issue When
Rule Iii Issue When Well Tendered Must Be Accepted. The Third Rule Of Pleading Is That If Issue Be Well Tendered Both In Substance And Form It Must Be Accepted, And The Other Party May Not Demur, Traverse, Or Plead In Con Fession And Avoidance. The Exception To This Rule ...

Rule Iii Pleadings Must
Rule Iii Pleadings Must Not Be Argumentative. Another Rule Seek Ing To Prevent Obscurity And Confusion In Pleading Is, That The Pleadings Must Not Be Argumentative. Thus , Two Affirmatives Do Not Make A Good Issue, For The Tra Verse By The Second Is Argumentative In Its Nature. It Is ...

Rule Iii To Prevent
Rule Iii To Prevent Pro Lixity And Delay. Surplusage Is To Be Avoid Ed. By Surplusage Is Meant, Any Unnecessary Matter, Of Whatever Description. It Includes : 1. Matter Whol Ly Foreign ; 2. Matter Not Required To Be Stated. Thus - Matter Of Law, Matter Necessarily Implied, Matter Com ...

Rule Iv Tending To
Rule Iv Tending To Prevent Obscurity And Confusion. Another Rule Under This Division Is, Pleadings Must Not Be Hypotheti Cal, Nor Is It Permissible To Have Them In The Alterna Tive. ...

Rule Iv The Pleadings
Rule Iv The Pleadings Must Specify The Names Of Persons. Another Rule To Produce Certainty In The Issue Is, The Pleadings Must Specify The Names Of Persons. This Rule Applies To The Parties To The Suit. Each Must Be Described By The True Christian And Surname, And If Either Be ...

Rule Ix To Prevent
Rule Ix To Prevent Ob Scurity And Confusion. A Pleading Which Is Bad In Part Is Bad Altogether. The Declaration Is Not Within The Rule, For It Has Only To Show A Cause Of Ac Tion, And Worthless Matter, Beyond That Is Treated As Mere Surplusage. If A Declaration Be ...

Rule The Pleadingsmust
Rule . The Pleadings Must Show Title. Another Rule To Attain Cer Tainty Is That The Pleadings Must Show Title. Under This Rule, Where A Party Alleges Title In Himself Or An Other Whose Authority He Pleads, It Is Often Sufficient To Allege A Title Of Possession ; That Is, ...

Rule V To Prevent
Rule V To Prevent And Confusion. Pleadings Must Not Be By Way Of Recital, But Must Be Positive In Their Form. Un Der This Rule The Pleader Is Required To Positively Aver The Facts On Which His Complaint Rests, And Not Put Them In A Narrative Form. The Requirement Is ...

Rule Vi The Pleadings
Rule Vi The Pleadings Must Show Authority. This Rule Of Cer Tainty, That The Pleadings Must Show Authority, Applies When A Party Has Occasion To Justify, Under A Writ, War Rant, Precept, Or Any Other Authority, Whatever, He Must Particularly Set It Forth In His Pleading, And He Must Also ...

Rule Vii To Prevent
Rule Vii. To Prevent Ob Scurity And Confusion. Pleadings Should Observe The Known And Ancient Forms Of Expression, As Contained In Approved Precedents. ...

Rule Viii To Prevent
Rule Viii To Prevent Ob Scurity And Confusion. Pleadings Should Have Their Proper Formal Commencements And Conclu Sions. The Defendant's Pleadings Subsequent To The Repli Cation Follow The Same Forms Of Commencement And Conclusion As Are Used In The Plea. The Plaintiffs Fol Low The Same Form As In The ...

Rule When Tree Extends
Rule When Tree Extends Over The Property Line. When The Trunk Of A Tree Stands Wholly Upon The Land Of One Person, And The Branches Project Over The Land Of Another And The Roots Of The Tree Extend Into The Soil Of The Other, It Has Been Held That The ...

Rules For Determining Whether
Rules For Determining Whether A Devise To A Class Is In Valid. To Ascertain Whether Or Not A Devise To A Class Is Bad, The Following Rules Have Been Formu Lated: 1. An Executory Devise Is Bad Unless It Be Clear At The Time Of The Death Of The Testator ...

Rules For Determining Whether_2
Rules For Determining Whether Or Not The Class Is Closed. Whether Or Not The Class Is Closed When The Devise Takes Effect, Depends Upon Certain Rules Of Construc Tion, As Follows: 1. When There Is A General Devise To Children Or Other Persons As A Class, The Class Includes Only ...

Rules Which Tend To
Rules Which Tend To The Materiality Of The Issue The General Rule. All Pleadings Nzust Contain Matter Pertinent And Material. This Is Essential To Keep The Issue From Going Astray. As Where The Dec Laration On Assumpsit Laying Promises By The Intestate, Should Be Traversed By The Defendant Administratrix As ...

Rules Which Tend To_2
Rules Which Tend To Produce Singleness Or Unity In The Issue Rule I. Pleadings Must Not Be Double. The First Rule Tending To Produce Single Ness Or Unity Of The Issue Is, That Pleadings Must Not Be 'double. With Respect To The Declaration. This Rule Means That The Declaration Must ...

Rules Which Tend To_3
Rules Which Tend To Produce Certainty Or Particularity In The Issue Rule I. The Rules Of Pleading Tending To Produce Certainty In The Issue Are Numer Out, The First Of Which Is: The P/eadings Nzust Hare Cer Tainty Of Place. This Rule Grew Out Of The Former Re Quirement That ...

Rules Which Tend To_4
Rules Which Tend To Prevent Obscurity And Confusion In Pleading. Rule I. Pleadings Must Not Be Insensible Nor Repugnant. The First Of The Rules Tending To Prevent Obscurity And Confusion. In Pleading, Is, Pleadings Must Not Be Insen Sible Nor Repugnant. A Pleading Is Insensible When, Through The Omission Of ...

Rules Which Tend To_5
Rules Which Tend To Prevent Prolixity And Delay. Rule I. There Must Be ;to Departztre In Pleading. A Depar Ture Takes Place, When, In Any Pleading, The Party De Serts The Ground That He Took In His Last Antecedent Pleading And Resorts To Another. A Departure May Be Either : ...

Sale Of Public Lands
Sale Of Public Lands. The Public Lands Are Divided Into Land Districts And In Each Of These A Public Land Office Is Established. The Offi Cers Of The Land Office Are A Register And Receiver. The Lands Must First Be Offered At Public Sale, And Sold To The Highest Bidder, ...

Scope Of The Subject
Scope Of The Subject Of Pleading. The Word Plea, Or Pleading, Is Used In Various Significations ; Thus It May Mean To Litigate Or Carry On A Suit Or Action. In A Stricter Sense It Means That Part Of An Action Consisting In The Allegations Of The Respective Parties. And ...

Severance Of An Estate
Severance Of An Estate By Joint Tenancy. The Incidents Of Survivorship As To Estates By Joint Tenancy- Might Be Put An End To Or Severed During The Lifetime Of The Joint Tenants, As Each Joint Tenant Might Dispose, In His Lifetime, Of His Share Of The Lands Held In Fee ...

Special Traverse Must Always
Special Traverse Must Always Consist Of Three Parts. A Traverse Always Consists Of Three Parts, As Follows: I. The Affirmative Part Or Inducement, Which Generally' Introduces New Matter, And Constitutes The Indirect Or Argumentative Denial. 2. The Negative Part, Which Contains The Direct Denial, And Is Called, From The Latin ...

Special Traverses
Special Traverses. A Spe Cial Travers Is A Pleading Which Sets Out With A Detail Of Circumstances Inconsistent With Those Stated In The Preceding Pleading To Which It Purports To Be An An Swer, And Then Directly Denies Some Fact Stated In The Preceding Pleading- And Concludes With A Verification. ...

Standing Forest Trees Are
Standing Forest Trees Are A Part Of The Realty. Forest Trees While Standing Are A Part Of The Realty, And Are Regarded As Realty To The Extent That A Grant Of Them Must Be Made In Writing To Satisfy The Requirements Of The Statute Of Frauds. But While It Is ...

Submitting The Facts To
Submitting The Facts To The Jury. At The Trial By Jury, The Proceedings Are Directed By The Judge Or Judges ; It Being The Func Tion Of The Judge To Pass On The Admissibility Of Any Evidence That May Be Offered By One Party And Object Ed To By The ...

Subsequent Purchasers Rights
Subsequent Purchasers' Rights. The Recording Laws Being For The Protec Tion Of Subsequent Purchasers, By Providing A Method By Which Any One May Ascertain The True State Of The Title To Any Parcel Of Land, It Is Always Held, That The Holder Of A Prior Unrecorded Deed Is Defeated By ...

Subsequent Purchases And Acquisitions
Subsequent Purchases And Acquisitions By The United States. In 1803, The United States Purchased From France Her Holdings In North America, Called Louisiana, In Cluding The Present Territory Of Louisiana, Arkansas, Missouri, Kansas, Minnesota, Nebraska, North And South Dakota, Iowa, Montana, Idaho, Colorado, And Oklahoma And Indian Territories, This Purchase ...

Survey Of The Public
Survey Of The Public Lands. When The Public Land System Was Adopted By Con Gress It Was Directed That Two Lines Be Run Through The Particular Territory To Be Surveyed, One Called The Base Line And The Other The Meridian Line. The Base Line Running From East To West, And ...

The Advent Of The
The Advent Of The Nor Mans In England Introduced A Judicial System. With The Ad Vent Of The Normans In England Led By William The Conqueror, Was Introduced A Highly Centralized Sys Tem Of Tribunals For The Administration Of Justice, In Which The Grand Justiciar Controlled Absolutely. The Conqueror Proceeded ...

The Appearance Of The
The Appearance Of The De Fendant. The Appearance Of The Defendant Is His Submission To The Jurisdiction Of The Court. In Pleas To The Jurisdiction, It Must Be Made By The Defendant In Person. In All Others It May Be So Made Or It May Be Made By Attorney, Or ...

The Court Directed The
The Court Directed The Pleadings So As To Arrive At An Issue Of Fact Or Law Affirmied On The One Side And Denied On The Other. The Court's Duty- In This Connection Was To Direct The Plead Ings In Such A Manner That The Parties Might As Speedily As Possible ...

The Court Of Kings
The Court Of King's Bench. The Great, And To Some Extent, Arbitrary Powers Of The King's Chief Justices Caused Much Dissatisfaction. In A Contest Between Rival Chief Justices, As A Result Of Which Both Lost Their Offices, One By Death, The Other By Resignation, The Curia Regis Lost Its Administrative ...

The Covenant Against
The Covenant Against A Covenant Against Incumbrances Is Regarded In This Country As An Independent Cove Nant, And Is Usually Worded As Follows: "and That The Premises Are Free And Clear Of All Incumbrances Whatsoever." When This Covenant Stands Alone It Is Broken As Soon As Made, If There Exists ...

The Covenant For Further
The Covenant For Further Assurance. The Word Assurance Is The Old Term For Deed, And Means The Same As The Deed Or Instrument By Which The Title Or Ad Ditional Claim Of Title Is Transferred. The Grantee Is Assured By This Covenant That The Grantor Will Exe Cute Any Additional ...

The Covenant For Quiet
The Covenant For Quiet En Joyment. This Is A Covenant Or Assurance Against Disturbances Consequent From A Defective Title. And Is A Covenant Usually Found In Short Leases. When This Covenant Is Broken By The Eviction Of The Grantee At The Instance Of The Holder Of The Paramount Title, The ...

The Covenant Of Seizin
The Covenant Of Seizin. In A Number Of The States It Is Held That The Covenant Of Seizin Means Possession Only, And It Is Therefore Not Broken If The Grantor Is In Possession And Delivers Such Possession To The Grantee. So That, Under This Rule, If The Grantor Is In ...

The Covenant Of The
The Covenant Of The Right To Convey. The Covenant Of Seizin In Those States That Follow The Rule That It Is A Covenant Of Title And Not Merely Of Possession, Is Equivalent To Or Synonymous With The Covenant Of Right To Convey. But Where Seizin Means Possession Merely, And The ...

The Covenant Of Warranty
The Covenant Of Warranty. The Covenant Of Warranty Is The Most Important In A Deed In This Country. This Sweeping Covenant Of General Warranty Includes Nearly All The Other Cove Nants. It Dates Back To Feudal Times, And Was The Covenant Which Enabled The Tenant In Tail To Bar The ...

The Effect Of General
The Effect Of General Issues. The General Issue Of Non Est Faettlin Denies That The Deed Mentioned In The Declaration Is The Deed Of The Defendant. 'under This Traverse, The Defendant, At The Trial, May Contend, Either That He Never Executed Such Deed As Alleged, Or That The Alleged Deed ...

The Estate Of Curtesy
The Estate Of Curtesy Can Not Be Barred By Will Of The Person Giving The Lands To The Wife. The Right Of The Husband To Curtesy In His Wife's Lands Cannot Be Barred By The Will Of The Grantor Or Tes Tator By Which The Wife Become Possessed Of The ...

The Estate Over In
The Estate Over In A Con Ditional Limitation Is To Be Distin Guished From A Remainder. The Estate Over In A Conditional Limitation Is Not A Remainder. A Remainder Is Necessarily A Part Of The Whole. At Com Mon Law A Fee Could Not Be Limited Upon A Fee, Be ...

The First Pleading Is
The First Pleading Is Called The Declaration. The "declara Tion" Is The First Pleading In A Cause. It Is A Formal Statement On The Part Of The Plaintiff Of The Facts Con Stituting His Cause Of Action, Or Grounds Of Complaint. The Declaration Must State The Facts Constituting The Action ...

The Formed Actions In
The Formed Actions In Tort Trespass. Of The Form Ed Actions In Tort, Or Ex Delieto, There Were Only Two: Trespass And Replevin. According To The Old Common Law A Felony Could Be Prosecuted By An Appeal, That Is, By An Accusation In Which The Accuser Must, As A General ...

The Formed Actions
The Formed Actions Real Actions Are Those Brought For The Spe Cific Recovery Of Lands, Tenements And Hereditaments. Personal Actions Are Those Bought For The Specific Recovery Of Chattels, Or For Damages Or Other Redress For Breach Of Contract, Or For Other Injuries Of Any De Scription Except Those Redressed ...

The Freehold Estates Of
The Freehold Estates Of Dower And Curtesy. There Are Two Freehold Estates Created For The Benefit Of The Family. The Rules Of Law Applicable To These Estates Are Only In Telligible By- Remembering That The Family Was Orig Inally The Unit Of Government, And The Rules Of Law Aimed To ...

The Law Will Not
The Law Will Not Grant Dower Out Of A Dower Estate. It Is A Rule Of Law That A Person Cannot Have Dower Out Of Dower. Thus, If A Father Is Possessed Of Three Acres Of Land, And He Has A Son, And Each Are Married. If The Father Dies ...

The Nature And Of
The Nature And Of Pleading In General. The Follow Ing Propositions Are To Be Observed With Regard To The Nature And Properties Of Pleadings In General: 1. Every Pleading Must Be An Answer To The Whole Of What Is Adversely Alleged. If It Answer Part Only, The Oppo Site Party ...

The Objects Of Pleading
The Objects Of Pleading. In Order That The Business Before The Courts May Be Performed With Convenience And Dispatch It Is Neces Sary That The Point Or Points Material To The Rights In Controversy Between The Parties Be Arrived At As Pre Cisely As Possible By The Litigants Before The ...

The Rule Against Stated
The Rule Against Stated. The Rule Against Perpetuities May Be Stated As Follows: No Interest Subject To A Con Dition Precedent Is Good, Unless The Condition Must Be Fulfilled, If At All, Within Twenty-one Years After Some Life In Being At The Creation Of The Interest. The Common Law Rule ...

The Rule Does Not
Where The New Estate Inheritance Is Grafted On The Heirs, The Rule Does Not Apply. When The Free Hold Estate For Life Is G-iven To The Ancestor, With The Remainder To The Heir In Fee Tail, That Is, The Heir Is Made The Stock Of Descent Instead Of The Ancestor, ...

The Rule In Shelleys
The Rule In Shelley's Case Is Abrogated By Statute In Many Of The American States. The Rule In Shelley's Case, By Reason Of Working Out Different From The In Tention Of The Grantor In Many Cases, Has Been Abolished By Statute In Maine, Massachusetts, California, Kansas, West Virginia, Connecticut, New ...

The Trial By Jury
The Trial By Jury. In The Early History Of Trial By Jury, The Jurors Were Witnesses Ac Quainted With Some Or All Of The Facts In Controversy Between The Parties Litigant ; They Came Together And Compared Their Respective Impressions Of The Facts And Arrived At A Collective Judgment As ...

The Use Of Land
The Use Of Land May Be Re Stricted In The Grant. The Use To Which The Land May Be Put Can Be Restricted Or Limited In The Grant. Thus, The Fee May Be Conveyed Upon Condition That It Shall Not Be Used For Certain Purposes, As, For Example, The Sale ...

The Use Of Several
The Use Of Several Counts. Distinct Causes Of Actions Of The Same Quality Or Character May Be Joined In One Action By The Use Of Separate Or Several Counts For Each Claim. When Several Counts Are Thus Used, The De Fendant May, According To The Nature Of His Defense, Demur ...

The Writ Of Scire
The Writ Of Scire Facies. The Writ Of Scire Facias Derives Its Name From Two Necessary Words In The Writ In The Latin Form: "quad Scire Facias Praefat John Doe, Quod Sit Corarn,"—"that You (the Sheriff) Shall Cause The Aforesaid John Doe To Know That He Must Be Before Us, ...

The
The Pleadings—their Pur Pose. The Pleadings Are The Formal Allegations Of Fact Whereon The Parties Rely To Support The Claim Of Injury And The Defense Thereto. They Were Made Orally In Early Times, But Have For Many Centuries Now Been Required To Be In Writing. The Facts Alleged In The ...

There Are Three Essentials
There Are Three Essentials To The Estate Of Dower. There Are Three Essentials To The Estate Of Dower, These Are: 1. Mar Riage. 2. Seizin Of The Husband. 3. Death Of The Husband. 1. The Marriage Must Be A Legal Marriage As Dis Tinguished From A Void Marriage. Thus Where ...

Title Defined And Ex
Title Defined And Ex Plained. Title Is Defined To Be The Means Whereby The Owner Of Lands Comes Into The Just Possession Of His Property. A Perfect Title Requires The Union Of Possession And The Right To The Thing Possessed. At The Common Law The Lands Could Not Be Conveyed ...

Title To Land Under
Title To Land Under Charters. The Charters Of The Colonies Differed Materially From Each Other, And Land Tenures Differed Correspondingly. Some Possessed Charter Gov Ernments, Others Provincial And Others Proprietary, As Pennsylvania And 'maryland. Yet The Colonists Claimed, As A Rule: 1. That They Enjoyed The Rights And Privileges Of ...

Trover
Trover. As The Wager Of Law Was A Legal Method Of Defense To Detinue As Well As To Debt, It Became As Desirable To Substitute A New Action For Definite As It Was To Have Assumpsit In Place Of Debt. Accordingly, With The Progress Of Pleading, There Was Developed The ...

Two Classes Of Products
Two Classes Of Products Of The Soil Fructus Naturales And Fructus Industriales. The Products Of The Soil Are Divided Into Two Classes, And The Rules Govern Ing Each Are Somewhat Different. This Division Was Made At A Time When The Cultivation Of The Soil Had Not Attained The System And ...

What A Breachof
What A Breach Of Covenant Of At Common Law Eviction Was Necessary To A Breach Of Covenant For Quiet Enjoyment. An Evic Tion At The Present Time Means Something- Of A Grave And Permanent Nature, Something More Than A Trespass. So That It Is Not Necessary At The Present Time ...

What Ever Is Alleged
Rule Vii. In General, What Ever Is Alleged In Pleading Must Be Alleged With Certainty. In Accordance With This Rule, That Whatever Is Alleged Irk Pleading Must Be Alleged With Certainty, Where The Performance Of A Condition Or Covenant Is Pleaded, It Must Usually Be Pleaded Fully And Specifically. But ...

What Is Meant By
What Is Meant By An Estate Upon Condition. An Estate Upon Condition Is Such That It Will Be Created, Enlarged Or Defeated, Upon The Happening Of Some Uncertain Event. In Regard To All Estates Upon Condition, It May Be Said As To The Condition Upon Which The Estate Is Limit ...

What Is Meant By_2
What Is Meant By Tenants In Common. "tenants In Common Are Such As Have A Unity Of Possession But A Distinct And Several Ti Tle To Their Shares. The Shares In Which Tenants In Common Hold Are By No Means Necessarily Equal. Thus One Tenant In Common May Be Entitled ...

When A Motion For
When A Motion For A Re Pleader Should Be Made. A Motion For A Repleader Is Made Where The Unsuccessful Party, On Ex Amination Of The Pleadings, Conceives That The Issue Joined Was Immaterial, And That The Defect In The Plead Ings Cannot Be Cured By A Judgment Non Obstante ...

When A Venire Facias
When A Venire Facias De Novo Will Be Awarded. A Venire Facias De Novo Will Be Awarded When, By Reason Of Some Irregularity Or Defect In The Proceedings On The First Venire, Or On The Trial, The Proper Effect Of That Writ Has Been Frustrated, Or The Verdict Has Become ...

When Executory Devises Will
When Executory Devises Will Be Held Void. The More Common Cases Of Executory Devises Which Are Held Void As Contra Vening The Rule Against Perpetuities Are Those Where Property Is Given To A, Remainder Over Upon The In Definite Failure Of Issue. We Have Seen That If The Estate Over ...

When The Effect Of
When The Effect Of The Word "heirs" Is Changed By Explana Tory Words. It Is A Primary Rule In The Con Struction Of Wills, And Devises Therein Made, As Well As In The Construction Of A Deed, To Ascertain The Intent With Which It Was Executed, And To Give Effect ...

When The Motion For
When The Motion For Non Obstante Should Be Made. A Mo Tion For Judgment Non Obstante Veredicto Is Made Where, After A Pleading By The Defendant In Confession And Avoidance, And Issue Joined Thereof, And Verdict Found For Defendant, The Plaintiff On Examining The Whole Record Conceives That Such Plea ...

When The Seizin Of
When The Seizin Of Any Sub Sequent Estate Must Take Effect. The Seizin Of Any Subsequent Estate Must Take Effect Immediately Upon The Termination Of The Precedent Estate. Under The Old Feudal System There Must He Some One Who Had The Immediate Right To The Seizin. The Seizin Could Not ...

Whom The Covenant Benefits
Whom The Covenant Benefits. The Question Arises As To Who May Take Advantage Of The Covenants Of Title. The First Grantee May, Of Course, Take Advantage Of Them. When He Sells The Land, What Is The Effect Of The Previous Covenant? If The Covenant Is Purely Per Sonal It Does ...