Selected Cases on the Law of Property in LandWilliam Albert Finch Baker, Voorhis, 1904 - 1355 pages |
From inside the book
Results 1-5 of 100
Page 9
... consideration , with the exception that in that case a gross sum was paid as the consideration for the term : - " For all practical purposes it is a fee simple . The reversion becomes a mere imaginary estate . " The learned judge used ...
... consideration , with the exception that in that case a gross sum was paid as the consideration for the term : - " For all practical purposes it is a fee simple . The reversion becomes a mere imaginary estate . " The learned judge used ...
Page 28
... consideration of two ques- tions ; and it may be convenient for us to pursue the same course . The first inquiry is , " What were the rights and liabilities of Babb in virtue of his acquiring a freehold estate in right of his wife in ...
... consideration of two ques- tions ; and it may be convenient for us to pursue the same course . The first inquiry is , " What were the rights and liabilities of Babb in virtue of his acquiring a freehold estate in right of his wife in ...
Page 76
... consideration of his agreement that McCauley might use his drift and scaffold to take out coal for himself . Under the instructions given to the jury , they must have found either that no such arrangement had been made , or , that if it ...
... consideration of his agreement that McCauley might use his drift and scaffold to take out coal for himself . Under the instructions given to the jury , they must have found either that no such arrangement had been made , or , that if it ...
Page 77
... consideration paid , there is nothing in the way of restoring the parties to their original condition . No case in this State has gone to the length of ruling , that it is converted into a contract giving irrevocable interests in or out ...
... consideration paid , there is nothing in the way of restoring the parties to their original condition . No case in this State has gone to the length of ruling , that it is converted into a contract giving irrevocable interests in or out ...
Page 78
... consideration that may have passed . In Yeakle v . Jacob et al . , 9 Casey , 376 , a right to cut timber on a tract of land to make rails for the repair of fences on another's tract , was held to be an interest in land within the ...
... consideration that may have passed . In Yeakle v . Jacob et al . , 9 Casey , 376 , a right to cut timber on a tract of land to make rails for the repair of fences on another's tract , was held to be an interest in land within the ...
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Common terms and phrases
action affirmed agreement annexed appears assigns authority belong building character chattels cited claim common law considered contract conveyance conveyed corporation court court of equity covenant creditors damages decision deed defendant defendant's devise doctrine easement emblements entitled equity erected evidence execution executor facts farm fee simple fixtures foreclosure freehold grant grantor ground growing crops heirs held injunction injury intention interest judgment jury land landlord lease leasehold estates lessee levy lien Lord machinery ment mill mortgage mortgagor nature opinion owner ownership parcel parol parties pass personal estate personal property personalty plaintiff in error possession premises principle proprietor purchaser purpose question quia emptores real estate realty reason recover regarded remainderman remove rent replevin reservation riparian rule sell soil sold statute of frauds stay waste stream supra tenants in common term thereof thing timber tion tract trees trespass trover vendee vendor
Popular passages
Page 853 - * * * it is a rule in law, when the ancestor by any gift or 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 422 - Cartwright and her assigns for and during the term of her natural life, and from and immediately after her decease to...
Page 36 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith or some other person thereunto...
Page 760 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 279 - The intention of the party making the annexation, to make the article a permanent accession to the freehold — this intention being inferred from the nature of the article affixed, the relation and situation of the party making the annexation, the structure and mode of annexation, and the purpose or use for which the annexation has been made.
Page 452 - ... all the lands whereof her husband was seized, of all estate of inheritance at any time during the marriage, unless she is lawfully barred thereof.
Page 313 - The common law of England is not to be taken, in all respects, to be that of America. Our ancestors brought with them its general principles, and claimed it as their birthright; but they brought with them and adopted only that portion which was applicable to their condition.
Page 271 - Application to the use or purpose to which that part of the realty with which it is connected is appropriated. 3. The intention of the party making the annexation to make a permanent accession to the freehold.
Page 325 - The rule to be collected from the several cases decided on this subject seems to be this, that the tenant's right to remove fixtures continues during his original term, and during such further period of possession by him, as he holds the premises under a right still to consider himself as tenant.
Page 371 - In common with animals, and unlike other minerals, they have the power and the tendency to escape without the volition of the owner. Their 'fugitive and wandering existence within the limits of a particular tract is uncertain,' as said by Chief Justice Agnew in Brown v.