Commentaries on American Law, Volume 4W. Kent, 1848 - Law |
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... Condition , 1. Of condition in law , 2. Of conditions in deed , LECTURE LVIII . - Of the Law of Mortgage , 1. Of the general nature of mortgages , And herein , ( 1. ) Different kinds of mortgages , • 98 99 . 103 106 • 105 Id . 108 109 ...
... Condition , 1. Of condition in law , 2. Of conditions in deed , LECTURE LVIII . - Of the Law of Mortgage , 1. Of the general nature of mortgages , And herein , ( 1. ) Different kinds of mortgages , • 98 99 . 103 106 • 105 Id . 108 109 ...
Page 4
... condition , and it gives a right of succession to all the heirs generally , under the restriction that they must be of the blood of the first purchaser , and of the blood of the person last seised . It is an estate of perpe- tuity , and ...
... condition , and it gives a right of succession to all the heirs generally , under the restriction that they must be of the blood of the first purchaser , and of the blood of the person last seised . It is an estate of perpe- tuity , and ...
Page 5
... condition . The word heirs is , at common law , necessary to be used , if the estate is to be created by deed . The limi- tation to the heirs must be made in direct terms , or by immediate reference , and no substituted words of per ...
... condition . The word heirs is , at common law , necessary to be used , if the estate is to be created by deed . The limi- tation to the heirs must be made in direct terms , or by immediate reference , and no substituted words of per ...
Page 11
... condition that the grantee had the heirs prescribed . If the grantee died without such issue , the lands reverted to the grantor . But if he had the speci- fied issue , the condition was supposed to be performed , and the estate became ...
... condition that the grantee had the heirs prescribed . If the grantee died without such issue , the lands reverted to the grantor . But if he had the speci- fied issue , the condition was supposed to be performed , and the estate became ...
Page 11
... condition that the donee had issue of his body , was in fact a fee - tail , and the limitation was not effaced by ... condition of the grant , was the occasion of the statute of Westminster 2 , 13 Edw . I. , c . 1 , commonly called the ...
... condition that the donee had issue of his body , was in fact a fee - tail , and the limitation was not effaced by ... condition of the grant , was the occasion of the statute of Westminster 2 , 13 Edw . I. , c . 1 , commonly called the ...
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Common terms and phrases
alienation ancestor assignment chancery chattels Code common law condition contingent remainder convey conveyance court of chancery court of equity covenant created creditor curtesy death debt declared decree deed default descendants doctrine dower English law entitled entry equity of redemption estate tail estoppel execution executory devise Fearne feoffees feoffment feudal foreclosure forfeiture freehold grant grantor heirs held husband ibid intention interest issue Jackson Johns jointure judgment land lease lessee lien limitation Litt Lord Coke Lord Eldon Lord Hardwicke Massachusetts mortgage mortgagor N. H. Rep New-Jersey New-York Revised Statutes North Carolina notice Ohio Rep operation Paige particular estate party personal estate possession Preston principle provision purchaser real estate rule rule in Shelley's seised seisin statute law subsequent Sugden supra take effect tate tenant Term Rep tion trust Vesey vested void widow wife words writ
Popular passages
Page 449 - Every contract for the leasing for a longer period than one year, .or for the sale of any lands or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made.
Page 213 - It is a rule in law when the ancestor by any gift cr 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 271 - The absolute power of alienation shall not be suspended by any limitation or condition whatever, for a longer period than during the continuance of not more than two lives in being at the creation of the estate, except in the single case mentioned in the next section.
Page 203 - The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent.
Page 514 - ... at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary.
Page 375 - ... part of the personal estate ; and this law relative to descents and dower, shall remain in full force, until altered by the legislature of the district.
Page 2 - All lands within this State are declared to be allodial, so that, subject only to the liability to escheat, the entire and absolute property is vested in the owners according to the nature of their respective estates.
Page 212 - Every disposition of real property, whether by deed or by devise, shall be made directly to the person in whom the right to the possession and profits is intended to be vested, and not to...
Page 536 - We may lay it down as an incontrovertible rule that, where an estate is given to a person generally or indefinitely with a power of disposition...