A Treatise on the Law of Deeds: Their Form, Requisites, Execution, Acknowledgment, Registration, Construction and Effect. Covering the Alienation of Title to Real Property by Voluntary Transfer. Together with Chapters on Tax Deeds and Sheriffs Deeds, Volume 2Bancroft-Whitney Company, 1897 - 2200 pages |
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Common terms and phrases
acquired actual notice Allen Bank Barb bona fide purchaser bound breach Brown claim clause condition Conn considered constructive notice construed contract conveyance court held court of equity covenant creditor effect encumbrance entitled equity estoppel executed fact fee simple feme covert filed grantee grantor Gratt heirs husband inquiry instrument intention interest Iowa Jackson Johns Jones judgment Justice land conveyed lien lis pendens married woman Mass ment Minn mortgage mortgagor N. J. Eq N. W. Rep officer Ohio St owner Paige parol evidence parties payment Pick plaintiff possession premises presumption prior purchase money quitclaim deed real estate recital record register of deeds registration rule seisin Smith Stats statute Strob subsequent purchasers sufficient tion tract trust unrecorded deed valid valuable consideration void warranty Watts Wend wife words
Popular passages
Page 875 - No private property shall be taken or damaged for public or private use without just compensation having been first made, or paid Into court for the owner...
Page 783 - 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.
Page 1333 - It is said that, the covenant being one which does not run with the land, this court cannot enforce it; but the question is, not whether the covenant runs with the land, but whether a party shall be permitted to use the land in a manner inconsistent with the contract entered into by his vendor, and with notice of which he purchased.
Page 1442 - Meander lines are run, in surveying fractional portions of the public lands bordering upon navigable rivers, not as boundaries of the tract, but for the purpose of defining the sinuosities of the banks of the stream, and as the means of ascertaining the quantity of the land in the fraction subject to sale, and which is to be paid for by the purchaser.
Page 1139 - 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 1121 - The intent when apparent and not repugnant to any rule of law, will control technical terms, for the intent, and not the words, is the essence of every agreement. In the exposition of deeds, the construction must be upon the view and comparison of the whole instrument, and with an endeavor to give every part of it meaning and effect.
Page 1307 - ... or possession of a particular estate is affirmed in the deed, either in express terms or by necessary implication, the grantor and all persons in privity with him shall be estopped from ever afterwards denying that he was so seized and possessed at the time he made the conveyance. The estoppel works upon the estate, and binds an after-acquired title as between parties and privies.
Page 824 - conveyance," as used in this section embraces every instrument in writing by which any estate or interest in real property is created, aliened, mortgaged or assigned, or by which the title to any real property may be affected ; except wills...
Page 824 - Every conveyance of real property, other than a lease for a term not exceeding one year, is void as against any subsequent purchaser or mortgagee of the same property, or any part thereof, in good faith and for a valuable consideration, whose conveyance is first duly recorded...
Page 1306 - The principle deducible from these authorities seems to be that, whatever may be the form or nature of the conveyance used to pass real property, if the grantor sets forth on the face of the instrument, by way of recital or averment, that he is seized or possessed of a particular estate in the premises, and which estate the deed purports to convey, or, what is the same thing, if the seizin or possession of a...