Commentaries on American Law, Volume 4W. Kent, 1848 - Law |
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Page 6
... equally artificial in their nature , and tech- nical in their application . It does not apply to convey- ances by fine , when the fine is in the nature of an ac- tion , as the fine sur conuzance de droit , on account of the efficacy and ...
... equally artificial in their nature , and tech- nical in their application . It does not apply to convey- ances by fine , when the fine is in the nature of an ac- tion , as the fine sur conuzance de droit , on account of the efficacy and ...
Page 13
... equally to the power of being barred by a fine or common re- covery . But the doctrine of estates tail , and the com- plex and multifarious learning connected with it , have become quite obsolete in most parts of the United States . In ...
... equally to the power of being barred by a fine or common re- covery . But the doctrine of estates tail , and the com- plex and multifarious learning connected with it , have become quite obsolete in most parts of the United States . In ...
Page 15
... equally understood that estates tail special are not affected by the act of 1786 , and therefore the decisions prior to Newton v . Griffith , ( 1 Harris & Gill , 111 , ) would seem to apply to that species of estates tail . Such estates ...
... equally understood that estates tail special are not affected by the act of 1786 , and therefore the decisions prior to Newton v . Griffith , ( 1 Harris & Gill , 111 , ) would seem to apply to that species of estates tail . Such estates ...
Page 19
... equally inexpedient and oppressive ; and Mr. Bell sincerely hoped that some safe course might ere long be devised , for restraining the exorbitant effects of the entail law of Scotland , and for introducing some limi- tations ...
... equally inexpedient and oppressive ; and Mr. Bell sincerely hoped that some safe course might ere long be devised , for restraining the exorbitant effects of the entail law of Scotland , and for introducing some limi- tations ...
Page 20
... equally invited , by the genius of the institutions , to depend upon his own merit and exertions . Every family , stripped of artificial supports , is obliged , in this country , to repose upon the virtue of its descendants for the ...
... equally invited , by the genius of the institutions , to depend upon his own merit and exertions . Every family , stripped of artificial supports , is obliged , in this country , to repose upon the virtue of its descendants for 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...