Law of Real Property: Being a Complete Compendium of Real Estate Law, Embracing All Current Case Law, Carefully Selected, Thoroughly Annotated and Accurately EpitomizedEmerson E. Ballard, Tilghman Ethan Ballard Ballard Publishing Company, 1910 - Real property |
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Common terms and phrases
abutting owner acquired action admissible adverse possession agreement ance assessment assignment breach building claim co-tenant constitutes Construction of particular contract convey conveyance covenant creditors debt debtor decree deed defense devise dower easement Effect eminent domain enforce equity erty Estoppel execution sale exemption failure foreclose foreclosure forfeiture fraud fraudulent fraudulent conveyance gage grantee grantor heirs held highway holder homestead improvements incumbrance Injunction injury instrument interest Joinder judgment landlord lease lessee lessor Liability Measure of damages mechanic's lien ment mort mortgagor municipality notice parol parties payment plaintiff Power of court premises prescriptive period Presumption prior Priority proceedings proof prop purchase money quiet title Quitclaim deed railroad real estate record recover redemption rent Rights of purchaser riparian secure sell sion statute construed statute of frauds statute of limitations statutory street subsequent sufficient taking tenant third person tion tract trespass trust usury Validity vendee vendor void Waiver wife's
Popular passages
Page 678 - Now, clearly enough, it is the general rule that the possession of one tenant in common is the possession of all the co-tenants and inures to the benefit of all.
Page 448 - That a deed absolute on its face was intended as a mortgage, would, before the Code, have been an equitable defence, because it could not have been proved at law.
Page 106 - In order to constitute a valid dedication there must be an intention on the part- of the owner to devote his property to...
Page 429 - NE 690), a conveyance in mining rights in lands was made as follows: "do hereby grant, bargain, sell and convey to the said Michael L. Deaver, his heirs and assigns forever, all the coal of every variety and all the iron ore, fire clay and other valuable minerals in, on, or under the following described premises, * * * together with the right in perpetuity to the said Michael L.
Page 767 - From the earliest case on the subject the rule is that a man shall not take a benefit under a will, and at the same time •defeat the provisions of the instrument.
Page 153 - Washtenaw county, by the defendant, and that the bank was, at the time of the institution of the suit, and at the time of the...
Page 441 - The general doctrine was finally settled that, wherever a penalty or forfeiture is inserted merely to secure the payment of money, or the performance of some act, or the enjoyment of some right or benefit, equity regards such payment, performance, or enjoyment as the real and principal intent of the instrument, and the penalty or forfeiture as merely an accessory...
Page 669 - We hold that, in order for the city council to obtain jurisdiction of the subjectmatter of a street improvement, there must be a substantial compliance with the requirements of the statute, conferring such jurisdiction.
Page 427 - Рае. 318. There it was held that a promise to pay a debt out of proceeds of ore to be mined was not an equitable assignment of such proceeds. In that case the plaintiffs conveyed to the company a perpetual assignment and right of way through a tunnel upon certain mining claims belonging to them, to be used by the company for the development and working of its own mining properties, and also...
Page 429 - ... a sale of an interest in land, within the meaning of the Statute of Frauds.