A Treatise on the Remedy by Ejectment and the Law of Adverse Enjoyment in the United States: Embracing in Full the Statutory Policy of the Several States, in Respect to the Action for the Recovery of Real PropertyW. Gould & Son, 1870 - 967 sidor |
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Sida 44
... equity , where an account- ing can be had . ( Clagett v . Kilbourne , 1 Black's U. S. R. 346. ) Although an executor has no power over the fee simple estate , unless authority is given him by the will , he may maintain eject- ment for ...
... equity , where an account- ing can be had . ( Clagett v . Kilbourne , 1 Black's U. S. R. 346. ) Although an executor has no power over the fee simple estate , unless authority is given him by the will , he may maintain eject- ment for ...
Sida 46
... equity sustain the relation of mortgagor and mortgagee . For example , a party making title to premises by the assignment of the legal title as security for a debt , holds the same in the character of mortgagee , and , as mortgagee ...
... equity sustain the relation of mortgagor and mortgagee . For example , a party making title to premises by the assignment of the legal title as security for a debt , holds the same in the character of mortgagee , and , as mortgagee ...
Sida 49
... equity . ( Dyer v . Toothaker , 51 Maine R. 380 . Stewart v . Crosby , 50 ib . 130. Gray v . Jenks , 3 Mason's R. 520 , 527. ) But the owner of the equity of redemption of real estate may maintain a real action for its possession ...
... equity . ( Dyer v . Toothaker , 51 Maine R. 380 . Stewart v . Crosby , 50 ib . 130. Gray v . Jenks , 3 Mason's R. 520 , 527. ) But the owner of the equity of redemption of real estate may maintain a real action for its possession ...
Sida 50
... equity to receive . ( Aikin v . Gale , 37 N. H. R. 501. ) Under the jurisprudence of New Hampshire , a real action can be supported only by a tenant of a freehold estate , and against one whom the demandant is entitled to regard as ...
... equity to receive . ( Aikin v . Gale , 37 N. H. R. 501. ) Under the jurisprudence of New Hampshire , a real action can be supported only by a tenant of a freehold estate , and against one whom the demandant is entitled to regard as ...
Sida 52
... remedy is by bill in equity . ( Hill v . Payson , 3 Mass . R. 559. Parsons v . Wells , 17 ib . 419 . v . Willson , 1 Pick . R. 491. ) Bigelow A writ of entry by a second mortgagee will not 52 LAW OF EJECTMENT AND ADVERSE ENJOYMENT .
... remedy is by bill in equity . ( Hill v . Payson , 3 Mass . R. 559. Parsons v . Wells , 17 ib . 419 . v . Willson , 1 Pick . R. 491. ) Bigelow A writ of entry by a second mortgagee will not 52 LAW OF EJECTMENT AND ADVERSE ENJOYMENT .
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accrued action of ejectment action to recover actual adverse possession affidavit appear apply assigns Barb breach brought casual ejector claimant co-tenant Code color of title commencement common law consent rule conveyance court held court of equity covenant declaration and notice declaration in ejectment deed demised premises disseisin doctrine Dowl entered entitled equitable evidence execution expiration fee simple feme covert forfeiture grant grantor heirs hold interest Jackson judgment jury landlord and tenant lease legal title lessee lessor maintain ejectment ment mesne profits mortgage mortgagor notice to quit occupation ouster owner party person claiming plaintiff in ejectment plea plead possession of land possession thereof premises claimed prove purchaser re-entry real estate real property recovery of real rent respect right of entry seisin Stat statute of limitations sufficient suit supreme court tenant in common tenant in possession term tion trial unless verdict vide Wend
Populära avsnitt
Sida 612 - For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; "2.
Sida 763 - A statement of the facts constituting the cause of action, in ordinary and concise language...
Sida 194 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...
Sida 97 - ... when the person claiming such land or rent shall claim in respect of an estate or interest in possession, granted, appointed, or otherwise assured, by any instrument (other than a will,) to him, or some person through whom he claims, by a person being, in respect of the same estate or interest in the possession or receipt of the profits of the land or in the receipt of the rent...
Sida 136 - No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within twenty years before the commencement of such action.
Sida 92 - ... at the time at which the same shall have become an estate or interest in possession by the determination of any estate or estates, in respect of which such land...
Sida 747 - An action may be brought by any person in possession, by himself or his tenant of real property, against any person who claims an estate or interest therein adverse to him. for the purpose of determining such adverse claim, estate or interest.
Sida 721 - Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated...
Sida 271 - ... or equity, other than by bringing error for reversal of such judgment, in case the same shall be erroneous, and the said landlord or lessor shall from thenceforth hold the said demised premises discharged from such lease...
Sida 141 - ... under claim of title, exclusive of any other right, founding such claim upon a written instrument, as being a conveyance of the premises in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the premises included...