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Full-Text Articles in Law
Estates In Fee Tail, Ralph W. Aigler
Estates In Fee Tail, Ralph W. Aigler
Articles
Quite generally estates in fee tail under the Statute de Donis were recognized by the states as a part of the common law. Statutory provisions in the way of modification and abolishment of such estates, however, are very common. The nature and scope of the statutory provisions have varied.
The Registration Of Land Titles, John R. Rood
The Registration Of Land Titles, John R. Rood
Articles
It is proposed in this paper to consider some of the advantages and disadvantages of the older system of no registration, the later system of registering the instruments of conveyance, and the latest system of making the title depend entirely on a recorded adjudication that it is thus and so, which absolutely displaces all former titles, adjudicated or otherwise. It is also proposed to consider some of the reasons why the older systems persist.
Adverse Possession In The Case Of The Rights Of Way Of The Pacific Railroad Companies, Ralph W. Aigler
Adverse Possession In The Case Of The Rights Of Way Of The Pacific Railroad Companies, Ralph W. Aigler
Articles
While the weight of authority is probably to the effect that railroad rights of way may be lost by adverse possession, the authorities are by no means agreed. See 12 MICH. L. REV. 144. The rights of way of certain of the Pacific Railroad Companies have been declared not to be subject to the ordinary rules as to adverse possession, on the ground that by the Congressional grants the four-hundred-foot-strips were conveyed only for railroad purposes with the ultimate possibility of reverter in the United States, which had the effect of making such lands inalienable by the railroad companies whether …
The Struggle For A Perpetuity, John R. Rood
The Struggle For A Perpetuity, John R. Rood
Articles
It is natural for us moderns to conceive of the right to alienate as an inseparable incident of ownership, since we have known no other condition; and in the modern books and decisions the subject is generally disposed of with the curt statement as if it were a truism. It is believed that to such as are not familiar with the history of that doctrine a review of the struggle through centuries, by which it was finally established on its present firm foundation, would not be devoid of interest.
Grantor's Remedy On Breach Of Condition Subsequent, James H. Brewster
Grantor's Remedy On Breach Of Condition Subsequent, James H. Brewster
Articles
In Mash v. Bloom (I9O7), - Wis. -, 114 N. W. Rep. 457, the court holds (Siebecker and Timlin, JJ., dissenting) that one, having conveyed real property subject to a condition subsequent, has no right of action to recover possession on breach of the condition until he has taken "advantage of condition broken and so notified the defendant, either by demand of possession or some other act equivalent to a re-entry for condition broken."
Statute Of Uses And The Modern Deed, John R. Rood
Statute Of Uses And The Modern Deed, John R. Rood
Articles
To what extent does the modem conveyance of estates in land in the United States by deed derive its validity from the English Statute of Uses, 27 Hen. 8, c. IO? No doubt the student, and especially the teacher, is inclined to magnify the importance of mere matters of history, because it is so much easier to understand or explain many of the terms and doctrines of real property law by approaching them historically, and, indeed, many of them cannot otherwise be understood at all. And yet we all have this constant, serious, and often difficult task, of separating matter …
The Recording Laws Of The United States, Thomas M. Cooley
The Recording Laws Of The United States, Thomas M. Cooley
Articles
Of the securities,provided by law for the protection of property, perhaps none is more important than the registration of land titles. We put aside, very early, the old English notion that the best evidence of title was the possession of the title deeds, and adopted a system which, in theory, proposed to place in a public office, accessible to everyone, a record of the titles to real estate, by which every man might safely buy or safely accept encumbrances. Speaking generally now of the system, the theory seems to be nearly perfect. Every instrument affecting the title to lands must …