A Treatise on the Principles and Practice of the Action of Ejectment and Statutory Substitutes

Ön Kapak
T. H. Flood, 1905 - 679 sayfa
 

İçindekiler

Origin and history
5
Nature of the ancient remedy
6
Enlargement of the remedy
7
Development of the actionIntroduction of fictions
8
Rolles system of fictions
10
Present condition of the action
12
Trespass to try title
13
Action to quiet title
14
Forcible entry and detainer
15
CHAPTER II
17
Chattels
19
Water
20
Tenements and hereditaments
21
Lands in hostile possession
22
Vacant or unoccupied lands
23
Incorporeal hereditaments
25
Easements
28
Parts of buildingsUpper chambers
29
Mines and subterraneous deposits
30
Growing crops
31
Overhanging roof or other projections
32
Protruding trees
35
Accretions
36
Burial lots and rights of interment
38
Land in possession of the government
39
Lands occupied by semipublic corporations
40
Streets and highwaysIndividual rights
41
ContinuedThe rule and its exceptions
43
ContinuedEntry under municipal license
45
ContinuedIncidental questions
46
ContinuedExtent of recovery
47
CHAPTER III
54
Dower
64
CHAPTER IV
72
Tenant holding over
78
Concurrent actions
85
Enjoining ejectment suit
98
Death of partiesDefendants
110
Trespassers
117
Reversioners by possibility
123
Generally considered
132
Suits against the husband
133
Married womenDefendants
135
Joinder of wives
137
MORTGAGORS AND MORTGAGEES 133 Generally considered
139
Relation of the parties
140
Actions by the mortgagee
142
ContinuedModifications and denials of mortgagees rights
143
Actions by the mortgagor Against mortgagee
144
Provisions for possession
146
Accounting and payment
147
Variances and exceptions
148
Actions by the mortgagor Against strangers
149
Relation of the parties
150
Right of possession
151
Actions by the vendor
152
Actions by the vendee
154
Actions against vendee by third persons
155
Generally
156
Landlords
157
Cumulative remediesRent in arrear
158
ForfeitureDefault generally
159
Landlords as defendants
160
Tenants
161
Tenants for years
162
Tenants at will
163
Tenants by sufferance
165
Forfeiture of tenants rights
166
Executors and administrators
168
ContinuedStatutory powers
169
Guardians
170
Conservators and committees
172
Action by receiver in foreign jurisdiction
174
Actions against receivers
175
Assignee in bankruptcy
176
355
181
CHAPTER VII
183
Actions in official capacities
204
217 Generally considered
223
Competency of witnesses
225
Proof of entry and ouster
226
Proof of defendants possession
228
Proof of title
229
Proof of possession
230
Tracing title
231
ContinuedOrigin and duration of title shown
233
Secondary evidence
234
Relevancy of testimonyOrder of proof
236
Plaintiff must prove title as alleged
237
Plaintiff must rely on title asserted
238
Proof must be consistent with allegations
239
Variance between allegations and proof
240
Objection to varianceWhen taken
241
Extent of proof required
242
Prima facie title
243
Character of title
244
Against grantee for condition broken
246
On default of dependant
247
Generally considered
248
Order of proof 219
249
ContinuedEstoppels
251
Under special pleas
253
Inconsistent defenses
254
Outstanding title in stranger
255
Outstanding title by lease
257
Claim by descent
258
Against breach of condition
259
Ejectment for dower
260
EquitiesAt common law
262
ContinuedQualifications of the rule 203
263
ContinuedUnder the statute
264
Theory of equitable defenses
266
258a Equities in the federal courts
267
Character of equities set up
268
ContinuedParol agreements respecting boundaries
270
Equitable mortgage
271
EasementsRights of way
272
General doctrines
273
Extent of proofDenial of claim
274
Defendants assertion of outstanding title
275
Effect of former adjudications
277
The original survey
278
Monuments and landmarks
279
Oral agreements
280
Common repute
281
HearsayDeclarations of persons deceased
282
LANDLORD VS TENANT 275 Introductory
284
Forfeiture of lease
285
Reentry for nonpayment of rent
286
Tenants defenses
287
CHAPTER IX
289
Requisites of deeds
290
Form and contents
292
Unstamped deeds
293
Proof of deeds
294
ContinuedAncient deeds
295
ContinuedGrantors possesssion
296
ContinuedTechnical defects
297
Disabilities of coverture
298
Deeds of corporations 390
300
Construction of deeds
301
Identification of parties
304
Description of the premises
306
Identification of land after conveyance
307
Limitation of estate
308
Repugnant clauses and recitals
309
ContinuedGranting clause and habendum
311
Forged deeds
312
Fraudulent conveyance
315
Land held in adverse possession
316
Claimant under deed of bargain and sale
318
Claimant under quitclaim deed
319
Deeds to take effect at grantors death
321
Deed by donee of power
323
Lost deeds
325
ContinuedPresumption of lost deed
327
Generally considered
328
Sheriffs deeds
329
Recitals in sheriffs deeds
330
Interest levied upon
331
Description of land sold
332
Sale under execution on dormant judgment
333
Sale under execution issued after judgment is barred
334
Confirmation of execution sale
336
Proof of masters deed
338
Writ of assistance
339
Administrators deeds
340
Administrators deed of estate of living person
341
Proof of administrators deeds
344
ContinuedInvalid sale of wards land
345
ContinuedFailure to give bonds
346
ContinuedRights of ward
347
Tax deeds
348
ContinuedDefects appearing upon the deed
350
ContinuedMatters of extrinsic proof
351
Effect of probate of wills
365
ContinuedForeign probate
366
Lost wills
368
Construction of wills
369
ContinuedUnderlying principles
370
ContinuedAs affected by extrinsic facts
372
General and particular intent
373
Devise upon condition
385
364
391
Degrees of consanguinity
398
375
406
380
412
385
419
ContinuedAntenuptial conception
425
398
432
Civil death
435
Posthumous children
436
IllegitimatesThe rule stated
437
ContinuedVariances and exceptions
439
Legitimation
440
Extraterritorial effect of legitimation
442
Adoptive heirs
443
Rights of adoptive heirs
444
Extraterritorial effect of adoption
445
Proof of adoption
446
ContinuedParental consent
448
Heirship through affinity
449
Inheritance of contingent estates
450
Declarations and admissions of ancestor
451
CHAPTER XII
453
Derivation of the right
455
Immemorial usage
456
Limitation
457
Disseizin
458
Requisites and sufficiency
460
ContinuedStatutory modifications
463
Claim and color of title distinguished
464
Good and bad faith
467
Entry under void deed
468
Constructive possession
470
Mixed possession
471
Tacking
472
ContinuedConflicting theories
474
Nature of occupancy
475
Occupation under license
478
Payment of taxes
479
Declarations and admissions
481
Interruption
483
Entry by owner
484
Effect of absence from state
485
Abandonment
486
Presumptions
487
Mines and substrata
489
DISPUTED BOUNDARIES 440 Land enclosed by mistake
490
ContinuedOpposing views
491
Agreed boundary
493
Boundary by parol agreement
495
Acquiescence in boundary
496
Existence of dispute
497
Adverse entry by tenantTacking
498
Introduction
499
ContinuedOuster and hostile possession
501
ContinuedGrantee of cotenant
502
Remaindermen and life tenants
504
Mortgagee in possession
505
Possession under parol gift
507
Husband and wife
509
Parent and child
510
ContinuedChild vs Parent
512
Adverse claim by tenant
513
ContinuedAdverse claim before expiration of term
515
Tenant holding over
516
THE STATE AND ITS AGENCIES 463 Adverse rights against the sovereign
517
ContinuedGrantees of the United States
518
The state
519
Municipalities
521
ContinuedTheory of municipal ownership
522
ContinuedEffect of estoppel
523
ContinuedConflicting views
524
Adverse claims by the municipality
526
CHAPTER XII
529
Form of verdict
530
Sufficiency
531
Defects and invalidities
533
Directing verdict
535
Finding by the court
536
Under the statute
537
By confession
538
Conditional judgment
539
Description of the land
540
Description of estate
541
Operation and effect
542
Judgment as an estoppel
543
Effect of vacationSecond trials
544
Effect of former adjudication in a different proceeding
545
Parties and privies distinguished
546
Effect on afteracquired title
547
Effect on adverse possession
548
Effect on persons entering pendente lite
549
Where plaintiffs right expires pending suit
550
Where defendant acquires plaintiffs title pending suit
551
Amendment of judgment
552
Annulment of judgment
554
Against officers of United States
556
Effect on landlord of judgment for or againnst tenant
557
Revivor
558
502a Reversal
560
CHAPTER XIV
562
Requisites of writ
563
Time of issuance
564
Execution of the writ
565
ContinuedExecution without eviction
566
Delivery of possession
567
Who may be evicted
568
Who may not be evicted
569
Persons entering pending suit
570
What may be taken under writ
571
Crops
572
ContinuedHarvested crops
573
Fixtures
574
ContinuedSpecial instances
575
Return of writ
576
Recalling writOrder of restitution
577
Restraining execution of writ
578
Restitution of possession under reversed judgment
579
Alias writ
580
Entry without writ
582
CHAPTER XV
583
Costs
585
Nominal damages
587
Action for mesne profits
588
When mesne profits may be recovered
590
From whom recovery may be had
591
ContinuedGood faith as an element of limitation
592
Suggestion for damages
594
Damages in original action
595
Where plaintiff acquires possession pending suit
596
Damages on default
597
Measure of damages
598
Assessment of damagesWrit of inquiry
600
ContinuedPayment of taxes
602
ContinuedPayment of incumbrances
603
ContinuedStatutory rules
604
ContinuedBy tenants
606
Improvements made under defeasible title
607
Improvements made after notice of plaintiffs claim
608
ContinuedStatutory notice
610
ContinuedOpposite views and conflicting rules
611
Character of improvements
613
Measure of compensation
615
ContinuedAssessment by commissioners
616
Effect of supersedeas bond
617
CHAPTER XVI
619
At common law
620
ContinuedWhen allowed or denied
621
Upon which grounds granted
622
When verdict will not be disturbed
624
Time for application
625
Payment of costs
626
Judgment by default
627
Effect of judgment in trespass
628
Relief in equity
630
CHAPTER XVII
631
Right of owner to make entry on land
633
When the action lies
635
Jurisdiction
636
Cotenant versus cotenant
637
Demand for possession
639
The complaint
640
Dismissal of complaint
641
The proofs
642
The judgment
644
Damages
645
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Popüler pasajlar

Sayfa 246 - It is further to be observed that the rule in ejectment that the plaintiff must recover, if at all, on the strength of his own title, and not upon the weakness of that of his adversary...
Sayfa 67 - That if at the time at which the right of any person to make an entry or distress or bring an action to recover any land or rent shall have first accrued as aforesaid such person shall have been under any of the disabilities hereinafter mentioned ; (that is to say), infancy, coverture...
Sayfa 179 - The broader reason is that it would be inconsistent with the very idea of supreme executive power, and would endanger the performance of the public duties of the sovereign to subject him to repeated suits as a matter of right, at the will of any citizen, and to submit to the judicial tribunals the control and disposition of his public property, his instruments and means of carrying on his government in war and in peace, and the money in his treasury.
Sayfa 200 - ... a plain and concise statement of the facts constituting the cause of action, without unnecessary repetition.
Sayfa 352 - The Assistant Attorney General having taken this appeal, it will be presumed, in the absence of a showing to the contrary, that he acted, in so doing, under the supervision and control of the Attorney General.
Sayfa 235 - Is expected to show that he has In good faith exhausted, In a reasonable degree, all the sources of Information and means of discovery which the nature of the case would naturally suggest, and which were accessible to him.
Sayfa 575 - The intention of the party making the annexation, to make the article a permanent accession to the freehold — this intention being inferred from the nature of the article affixed, the relation and situation of the party making the annexation, the structure and mode of annexation, and the purpose or use for which the annexation has been made.
Sayfa 179 - It seems most probable that it has been adopted in our courts as a part of the general doctrine of publicists, that the supreme power in every State, wherever it may reside, shall not be compelled, by process of courts of its own creation, to defend itself from assaults in those courts.
Sayfa 202 - ... action, and in any matter either of form or substance, in any process, pleading or proceeding which may enable the plaintiff to sustain the action for the claim for which it was intended to be brought or the defendant to make a legal defense.
Sayfa 544 - It is allowable to reason back from a judgment to the basis on which it stands, 'upon the obvions principle that, where a conclusion is indisputable and could have been drawn only from certain premises, the premises are equally indisputable with the conclusion.

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