A Treatise on the Law of Deeds: Their Form, Requisites, Execution, Acknowledgement, Registration, Construction, and Effect. Covering the Alienation of Title to Real Property by Voluntary Transfer. Together with Chapers on Tax Deeds and Sheriff's Deeds

Forside
Bancroft-Whitney Company, 1887
 

Utvalgte sider

Innhold

Exchange 15 Partition
16
Release
17
Confirmation 18 Void deeds
18
Surrender
19
Assignment 21 Defeasance
20
Deeds under the statute of uses
22
Bargain and sale deeds
23
Covenant to stand seized to uses
24
Lease and release
25
Fine and recovery 27 Quitclaim deeds
26
WHAT MUST PASS BY DEED OR BY WRITING
28
Right to dower an interest on land
35
Revival of void contract
44
Same subjectRule in various States
51
Distinction between fractus industriales and prima vestura
58
Easements are interests in land
63
PART II
65
Assignment for benefit of creditors
66
Disability of insanity
69
Weakness of mind
70
Evidence on issue of mental unsoundness
71
Deed of person deaf and dumb 72 Insane husband joining in wifes deed 73 Deed when voidable
73
Deed when void 75 Deed by whom may be avoided
74
Restoration of consideration
75
Ratification of deed
76
Disability from intoxication 280 Degree of intoxication
77
Deeds made under duress
78
Threat of legal proceedings
79
Grantors willpower 2 84 Deeds made under undue influence
80
Disability of infancy
81
Deed of minor voidable only
82
Right of disaffirmance
83
Whether affirmance of infants deed may be presumed from acquiescence
88
Same subject
89
Opposite view that acquiescence is not affirmance
90
Comments
91
By what means the deed of an infant may be avoided
92
Subsequent deed must be inconsistent with prior
93
Restoring the consideration General rule
94
Exception in Indiana
95
Where minor has not retained consideration
96
What is a sufficient ratification of an infants deed
97
Delivery of deed after majority
98
Purchaser with knowledge of infants prior conveyance
99
Deeds of married women
100
Joint deed of husband and wife
101
Rule in New York
102
In Massachusetts
103
In New Jersey
104
In Ohio
105
In Pennsylvania
106
In other States
107
Deed from husband to wife
108
Joint tenants and tenants in common
109
Deeds by partners
110
Subsequent ratification
111
Deed by a disseisee
112
Right of seisin
113
Power of corporations to convey
114
Restriction from nature of corporations
115
CHAPTER V
116
CHAPTER VI
124
Acts must be done in pursuance of the agreement
141
Convincing proof required
142
Letter as memorandum of contract
143
Part performance of an agreement for several acts
144
Rule with reference to the taking of possession
145
Possession must be in pursuance of agreement
146
Relief when possession taken based upon equitable considerations
147
Parol gift of land
148
Compensation at law the test
149
Fraudulent omission of part of land from deed
152
Length of time over which possession extends
153
Character of possession
154
Possession contemporaneous with contracts
155
Possession must be in pursuance of the agreement Preexisting tenancy
156
Possession upon parol partition
157
Disputed boundaries
158
Parol exchange
159
Erection of improvements 161 Nature of improvements
161
Compensation for improvements
162
Benefit from the use of the landComments
163
One view
164
Opposite view
165
Comments
166
Parol contract for conveyance of land between parent and child
167
Consideration
168
Acts not considered part performance
169
Payment of money merely is not part performance
170
Reasons for the rule
171
When payment of money part performance
172
Part performance by marriage
173
THE FORMAL PARTS OF THE DEED PART I
174
Statutory forms
175
Enumeration of the formal parts PART II
176
Date not necessary to the validity of a deed
177
Presumption of delivery at date
178
Different viewPresumption of delivery from acknowledgment
179
Comments
180
Language of the courts
181
Presumption not conclusive
182
CHAPTER VIII
193
CHAPTER IX
197
CHAPTER X
204
In Mississippi 253 In Tennessee
215
Several persons may bind themselves by one seal
216
CHAPTER XI
217
CHAPTER XII
221
Evidence of intention
227
When deed takes effect 2265 Presumption as to time of delivery ? 266
228
Verbal admissions
230
Possession of deed surreptitiously obtained
231
Definition
243
Seal stamped upon paper
244
Seal essential at common
245
Acceptance by the grantee
258
Presumption of acceptance in favor of infants 287 Presumption of acceptance by adults
260
Contrary views
262
Legal capacity to conveyGeneral comments
264
Ratification of deed so obtained
268
Manual delivery not requisite
269
Delivery of commissioners deed
270
Delivery for inspection
271
Delivery to director of corporation
272
Deed delivered for examination whether a contract of purchase
273
Delivery to officer taking acknowledgment
274
Delivery to another for the grantees
275
Assent of grantee subsequent to delivery
276
Where there are several grantors 2278 Constructive delivery 279 Delivery after death of grantor
279
Absolute delivery to a third person to hold until grantors death
280
Instances
281
Delivery with a right to recall the deed
282
This rule not universally adopted
283
Saving expenses of administration
284
What is the proper ruleComments
289
Registration not of itself delivery
290
Delivery to recording officer for use of grantee
291
Registration prima facie evidence of delivery 293 Where acceptance of deed depends upon conditions registration is not prima facie evidence of deli...
293
Possession of deed by grantee presumption of delivery
294
Parol evidence admissible to rebut presumption arising from possession of deed
295
Inference of delivery of deed from execution in presence of wit nesses
296
Inference of acceptance from relationship between person receiv ing deed and grantee
297
Delivery to several grantees
298
Comments
299
Deed once executed and delivered cannot be revoked
300
Illustrations of foregoing rule
301
A different doctrine prevails in some of the States
302
Ground upon which these decisions are based
303
Redelivery without intention to revest title
304
Comments on these decisions
305
Redelivery to the grantor for correction acknowledgment
306
Conditional deed
315
Delivery to grantees agent
316
Deed placed in grantees hand for transmission to another
317
Some condition to be performed before delivery
318
Whether an escrow or a present deed
319
Materiality of distinction
320
Grantee must perform condition before entitled to delivery
321
Escrow delivered without authority or obtained fraudulently passes no title
322
Legal title until performance of condition is in grantor
323
Not an escrow if grantor retains the right of control
324
Title cannot be conveyed by a simple ordinance or vote
332
CHAPTER XV
334
Capacity to appoint an attorney
352
Powers of attorney by married womenCommonlaw rule
353
Commonlaw rule altered by statute
354
Construction of powers of attorney
358
General terms limited by particular words
359
Illustrations of construction placed upon powers of attorney
360
Partition
361
Special instances of construction
362
Continued 364 Warranty deed under power of attorneyComments
364
Decisions that attorney has no power to execute warranty deed
365
Cases holding attorney has such power
366
Mr Rawles views
367
Comments
368
Description of property to be sold
369
Power to sell imports sale for cash
370
Sale on credit must be reasonable credit
371
Power to sell does not authorize gift
372
Exchange not authorized by power to sell
373
Discretion of attorney whether land is to be used for specified purposes
374
Revocation
375
Effect of sale by principal upon attorneys commissions
376
Execution of deeds by attorneys in fact
377
Relaxation of this strictness
378
Proper mode of signature
379
Comments
380
Some illustrations
381
Powers of sale in trust deeds and mortgages
382
Power of sale irrevocable
383
Subsequent disabilities
384
Effect of death upon power of sale
385
Rule in Texas 387 Appointment of new trustee
387
Power of sale a cumulative remedy
388
Provisions for sale
389
Effect of tender upon sale
390
Rule in Massachusetts
391
Sale by joint trustees
392
Sale under unrecorded mortgage
393
Statutory regulations
394
Power of sale passing by assignment of mortgage
395
Sale by administrator of mortgagee
396
Conveyance of part of the premises I DEEDS
397
Agreements between mortgagor and mortgagee
415
What notice to be given 444 Compliance with terms of power
419
Notice from recital of consideration 446 Construction of powers of sale
428
Construction against trustee 448 Sale within specified time
430
Provision in deed requiring consent 450 Deed with assent of cestui que trust
432
Declaration of trust 452 Power to sell upon a contingency
433
Trust deed becoming void on happening of contingency
434
Conduct of the sale
435
Who should execute the deed
436
CHAPTER XVIII
439
Filling up blanks
440
Parol authority to insert name
442
Omission of date does not invalidate acknowledgment
450
Between the parties the acknowledgment may be impeached for fraud 530 Grantee must have knowledge of fraud or of facts sufficient to put him on...
451
Grantor may be estopped
458
Party executing deed bound
459
Alteration of deeds
460
Alteration by a stranger
461
Material alteration
462
Burden of proof CHAPTER XIX
463
Acknowledgment of deeds
464
Acknowledgment not necessary between the parties
465
Statutory provisions
466
Admissibility of acknowledged deed in evidence
467
By whom the acknowledgment should be made
468
Time within which deed may be acknowledged
469
Qualification of officers
470
Acknowledgment before an officer de facto
471
Continued
472
Acknowledgment before deputy
473
Deputy taking acknowledgment in his own name
474
Presumption as to appointment of deputy
475
Officer cannot take acknowledgment of deed in which he is interested
476
Where the officer taking the acknowledgment is a trustee 2478 Effect of taking acknowledgment by party 479 Length of acquaintance with person ...
479
Equivalent words to those mentioned in statute
511
established
518
Omission of the word voluntary
524
Evidence
532
Illustrations 534 Comments
534
Innocent grantee protected
535
Omission of essential word not cured by insertion in record
536
Acknowledgment through interpreter
537
Comments
538
Amendment of certificateDecisions that such power exists
539
In Mississippi
540
In Missouri
541
Decisions that such power does not exist
542
In Illinois
543
In Virginia
544
In the Supreme Court of the United States
545
Comments
546
Proof by subscribing witness
547
CHAPTER XX
559
Explanation in presence of husband
561
Where officer himself not required to explain
562
Omission of explanation
563
Acknowledgment by deaf mutes
564
Execution voluntary
565
Equivalent words for voluntary actComments
566
REGISTRY LAWS OF THE SEVERAL STATES
576
Instances
587
Omission of the word fearConflicting decisions
590
Comments
594
Colorado
603
Utah Territory 618 Vermont 619 Virginia 620 Washington Territory 621 West Virginia 622 Wisconsin 623 Wyoming Territory 624 Effect of statut...
604
New Jersey
620
Protection of grantee
625
In general
626
In England
627
Registration in the United States
628
Registration not necessary between the parties 630 Registration of mortgages in book of deeds 631 Mortgagee considered a purchaser 632 Preexistin...
632
Ohio
637
Comments
655
Instruments not entitled to registration
656
Illustrations
677
Oregon
681
Proof of time at which deed is recorded
705
Withdrawing deed filed for record
706
Constructive notice
707
Deposit subject to further order
708
Priority between deeds recorded on same
709
Facts of which the record gives notice
710
Notice of unrecorded deed from notice of power of sale
711
Record is not notice to prior parties
712
Record is notice only to purchasers under the same grantor
713
Illustrations
714
Record of deed subsequent to mortgage not notice to mortgagee
715
Subsequent purchaser should notify mortgagee
716
Actual notice
717
Notice of unrecorded deed
718
Unrecorded deed and recorded purchase money mortgage
719
Comments
720
Correction of mistake in record
728
Subsequently acquired title inuring to benefit of grantee
748
Comments
751
How far back purchaser must search
752
Correct rule
754

Andre utgaver - Vis alle

Vanlige uttrykk og setninger

Populære avsnitt

Side 5 - That no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate or whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person...
Side 5 - ... 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 by him lawfully authorized.
Side 5 - The following contracts are invalid, unless the same, or some note or memorandum thereof, be in writing and subscribed by the party to be charged,' or by his agent: 1. An agreement that by its terms is not to be performed within a year from the making thereof; 2.
Side 580 - By faith Noah, being warned of God of things not seen as yet, moved with fear, prepared an ark to the saving of his house; by the which he condemned the world, and became heir of the righteousness which is by faith.
Side 5 - An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein ; and such agreement. if made by an agent of the party sought to be charged...
Side 111 - Real and personal property of every description may be taken, acquired, held, and disposed of by an alien in the same manner in all respects as by a natural-born British subject ; and a title to real and personal property of every description may be derived through, from, or in succession to an alien in the same manner in all respects as through, from, or in succession to a natural-born British subject...
Side 196 - Write ye also for the Jews, as it liketh you, in the king's name, and seal it with the king's ring ; for the writing which is written in the king's name, and sealed with the king's ring, may no man reverse.
Side 31 - State governments, and with the exception of certain State regulations, very limited in their character, a system has been permitted to grow up by the voluntary action and assent of the population, whose free and unrestrained occupation of the mineral region has been tacitly assented to by the one government, and heartily encouraged by the expressed legislative policy of the other.
Side 114 - It must always be borne in mind that the Constitution, laws, and treaties of the United States are as much a part of the law of every State as its own local laws and constitution.
Side 258 - From the said decree an appeal was prosecuted to the supreme court of the United States, where it was held that the...

Bibliografisk informasjon