Cyclopedia of Law ...American Correspondence School of Law, 1912 - Law |
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Common terms and phrases
alleged appurtenant assumpsit breach called CHAPTER chattel claim common law conditional limitation confession and avoidance conveyance conveyed court covenant Curia Regis damages death debt declaration deed defendant demurrer detinue dower effect entitled estate by curtesy estate in fee estate is given estate tail estate upon condition execution Explain fact failure of issue fee simple fee tail feudal form of action freehold give grant grantor heirs held husband incumbrances inheritance injury instrument interest joint tenants judgment jurisdiction jury King's lease lessee matter ment mortgage necessary non est factum original writ owner party personal property plaintiff pleader possession premises proceedings purchaser Real Prop real property realty record recover regarded remainder remedy replevin rule against perpetuities rule in Shelley's statute suit tenant in tail term tion traverse trees trespass trial venue verdict vested void warranty widow wife words Writs of Right
Popular passages
Page 103 - I have good right to sell and convey the same as aforesaid ; and that I will and my heirs, executors, and administrators, shall warrant and defend the same to the grantee and his heirs and assigns forever against the lawful claims and demands of all persons.
Page 152 - ... every right to or interest in the land which may subsist In third persons, to the diminution of the value of the land, but consistent with the passing of the fee by the conveyance.
Page 61 - Executors nothing doubting but at the general Resurrection I shall receive the same again by the mighty power of God and as touching such worldly estate wherewith it hath pleased God to bless me...
Page 255 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 119 - So it was early held that where a testator devised all his real and personal estate to his wife for life, and after her death to...
Page 33 - It is a rule of law, that 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 69 - That the common law of England so far as the same is applicable and of a general nature...
Page 252 - If goods are sold upon credit, and nothing is agreed upon as to the time of delivering the goods, the vendee is immediately entitled to the possession, and the right of possession and the right of property vest at once in him ; but his right of possession is not absolute, it is liable to be defeated if he becomes insolvent before he obtains possession : Tooke v.
Page 96 - ... as when land is granted to a man so long as he is parson of Dale, or while he continues unmarried, or until out of the rents and profits he shall have made £500, and the like.
Page 252 - Why? Because the property is vested in the buyer, so as to subject him to the risk of any accident ; but he has not an indefeasible right to the possession, and his insolvency, without payment of the price, defeats that right.