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

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T. H. Flood, 1905 - 679 sayfa
 

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PRELIMINARY VIEWS
1
viains in conci
14
Dedicated streets
15
Lands in hostile possession
18
Easements
28
ContinuedThe rule and its exceptions
43
Streets and highwaysMunicipal rights
49
ContinuedParol dedication Turnpikes and toll roads 42 Rights of wayQuasi public
51
Recovery of right of way by land owner
52
WHEN THE ACTION MAY BE BROUGHT 47 44 Generally considered 45 Disseizin of plaintiff 46 Defendants possession Condition broken 48 Re...
54
ContinuedStatutory provisions Dower
63
When right of entry is lost Statutes of limitation
65
Within what time action must be brought 57 When right of action accrues
66
Persons under disability
67
Heirs and successors of person under disability 60 Prevention of suit by paramount authority
69
Lands sold for taxes taxes
70
CHAPTER IV
72
When notice is not required
75
Tenant from year to year
76
ContinuedTheory of the tenancy
77
Tenant holding over
78
Tenant at will
79
Tenant by sufferance
80
Vendees
81
Mortgagors
82
Licensees
83
CHAPTER V
85
CHAPTER VI
99
Improper joinder of parties
107
Intervenors
113
40
118
ContinuedForfeiture
120
ContinuedExtent of recovery
126
Homesteads
132
Provisions for possession
146
Actions by the vendor
152
Tenants by sufferance
159
Entry under void lease
165
Page
170
Conservators and committees
172
The United States
176
Officers of the United States
178
The state
180
Counties
181
CHAPTER VII
183
The venue
185
ContinuedEquitable titles
187
ContinuedEquitable relief
188
Allegations of possessory rights
190
Character of ownership
191
The estate claimed
192
Description of the premises
193
ContinuedParticulars of description
195
Description by reference
197
Double descriptions
198
Exceptions from the grant
199
Amendments
201
ContinuedChanging nature of action
202
Joinder of actions
203
Actions in official capacities
204
Actions against receivers
205
BY THE DEFENDANT 199 Pleas in abatement
206
ContinuedFormer action pending
207
Pleas in barThe general issue
208
Theory of the general issue
210
Special pleasStatute of limitations
211
Plea of title
212
Adverse possession
213
Former recovery
214
Disclaimer of title
216
Inconsistent pleas
217
ContinuedSpecial instances
218
Pleas since the last continuance
219
Equitable defenses
220
Estoppels
221
Generally considered
223
Outstanding mortgage
257
ContinuedQualifications of the rule
263
Estoppels in pais
269
WHERE Both PARTIES CLAIM FROM A COMMON SOURCE 264 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
37
297
Disabilities of coverture
298
Deeds of corporations
300
Construction of deeds
301
Identification of parties
304
Description of the premises
306
Identification of land after conveyance 07
307
Limitation of estate
308
Repugnant clauses and recitals
309
Interest levied upon
310
ContinuedGranting clause and habendum
311
Forged deeds
312
Sale under execution issued after judgment is barred
313
Purchaser under void execution sale
314
Fraudulent conveyance
315
Land held in adverse possession
316
Masters and commissioners deeds
317
Claimant under deed of bargain and sale
318
Claimant under quitclaim deed
319
Writ of assistance
320
Deeds to take effect at grantors death
321
Administrators deed of estate of living person
322
Deed by donee of power
323
Guardians deeds
324
Lost deeds
325
ContinuedFailure to give bonds
326
ContinuedPresumption of lost deed
327
Tax deeds
328
ContinuedDefects appearing upon the deed
329
ContinuedMatters of extrinsic proof
330
338
338
131
340
344
344
346
346
The rule in Shelleys case
350
Repugnancy
351
ContinuedQualifications of the rule
361
Avoidance of conditions
362
CHAPTER X
363
ContinuedForeign probate
366
Lost wills 345 Establishment of title
368
Construction of wills
369
ContinuedUnderlying principles
370
ContinuedAs affected by extrinsic facts
372
General and particular intent
373
363
390
365
392
403
393
366
394
369
395
370
397
Degrees of consanguinity
398
Rights of inheritance
399
372
400
373
402
Evidence of pedigree
403
ContinuedFamily records
406
ContinuedChurch and parish records
407
ContinuedMarriage certificates
408
ContinuedOral declarations
409
Proof by court records
411
Proof of marriage
412
ContinuedGeneral reputation
414
ContinuedDivided reputation
415
Validity of marriage
416
Presumptions of marriage
417
ContinuedDeath of former spouse 386 Presumption of divorce
419
203
421
Void marriage
422
Proof of birth 390 ContinuedGeneral reputation
423
Presumption of legitimacy
424
ContinuedAntenuptial conception
425
ContinuedCharacter of evidence 394 Proof of death
426
ContinuedHeresayReputation 396 Presumption of deathGrant of letters 397 ContinuedUnexplained absence
430
Presumption of time of death
432
ContinuedDeath of children
433
Survivorship
434
406
442
407
443
408
444
409
445
411
448
412
449
414
451
426
453
Disseizin
459
266
461
Good and bad faith
467
268
468
428
474
430
475
432
479
433
481
434
483
Presumptions
487
Agreed boundary
493
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
271
510
ContinuedChild vs Parent
512
Adverse claim by tenant
513
ContinuedAdverse claim before expiration of term
515
Tenant holding over
516
41
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
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 54 4
544
Page 490 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
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
CHAPTER XVI
619
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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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