Selected Cases on the Law of Property in LandWilliam Albert Finch Baker, Voorhis, 1904 - 1355 pages |
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Page 10
... held by Coffin on lease for ninety - nine years , renewable forever . The Northern Bank of Kentucky recovered a judgment against Coffin at same term , which was levied on the same property in June , 1843 . The property was sold on the ...
... held by Coffin on lease for ninety - nine years , renewable forever . The Northern Bank of Kentucky recovered a judgment against Coffin at same term , which was levied on the same property in June , 1843 . The property was sold on the ...
Page 15
... held that the right to take the tolls was an incorporeal hereditament arising out of realty and was there- fore a " tenement . " And he remarked : " I have no difficulty in saying , that wherever a perpetual inheritance is granted ...
... held that the right to take the tolls was an incorporeal hereditament arising out of realty and was there- fore a " tenement . " And he remarked : " I have no difficulty in saying , that wherever a perpetual inheritance is granted ...
Page 36
... held to be a contract for the sale of an interest in or concerning land , Lord Ellenborough saying : " Upon the first of these questions ( whether this purchase of the growing crop be a contract or sale of lands , tenements or ...
... held to be a contract for the sale of an interest in or concerning land , Lord Ellenborough saying : " Upon the first of these questions ( whether this purchase of the growing crop be a contract or sale of lands , tenements or ...
Page 52
... held , that a party may maintain replevin for boards made from trees wrongfully cut on his land ; and also held that the owner of personal property , wrongfully taken , may replevy it so long as it can be identified , unless it is ...
... held , that a party may maintain replevin for boards made from trees wrongfully cut on his land ; and also held that the owner of personal property , wrongfully taken , may replevy it so long as it can be identified , unless it is ...
Page 54
... held , too , that after the decease of the lessee , the term belonged to his executors or administrators , and not to his heirs . 1 Leon . 312 ; Gillam , Adm . v . Lovelace , 5 Ma . R. 419 ; Pet . of Gay , Adm . 2 John . C. 376 . Under ...
... held , too , that after the decease of the lessee , the term belonged to his executors or administrators , and not to his heirs . 1 Leon . 312 ; Gillam , Adm . v . Lovelace , 5 Ma . R. 419 ; Pet . of Gay , Adm . 2 John . C. 376 . Under ...
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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.