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A Treatise on Land Titles in the United States, Volum 1
Lewis Naphtali Dembitz
Visualització completa - 1895
action administrator allowed appear apply appointment attachment authority bond California chapter claim Code common contract convey conveyance court creditors curtesy death debts decisions decree deed defendant devise direct dower effect election equity estoppel execution executor fact former give given granted ground guardian heirs held hold homestead husband infant interest Iowa issue judge judgment jurisdiction Kentucky land latter license lien limited marriage married Mass ment Michigan mortgage notice officer Ohio otherwise owner parties passed Pennsylvania person possession probate proceedings provision publication purchaser question quoted record referred registry remainder rendered rule seems sell separate share sold South statute suit taken tion trust unless valid Virginia void widow wife Wisconsin York
Pàgina 1038 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Pàgina 1056 - The service of all subpoenas shall be by a delivery of a copy thereof by the officer serving the same to the defendant personally, or by leaving a copy thereof at the dwelling-house or usual place of abode of each defendant, with some adult person who is a member or resident in the family.
Pàgina 870 - When an absolute power of disposition, not accompanied by any trust, shall be given to the owner of a particular estate, for life or years, such estate shall be changed into a fee, absolute in respect to the rights of creditors and purchasers, but subject to any future estates limited thereon, in case the power should not be executed, or the lands should not be sold for the satisfaction of debts.
Pàgina 870 - ... subject to any future estates that may be limited thereon, but absolute in respect to creditors, purchasers and incumbrancers. § 151. When grantee of power has absolute fee. Where such a power of disposition is given, and no remainder is limited on the estate of the grantee of the power, such grantee is entitled to an absolute fee.
Pàgina 870 - Where an absolute power of disposition, not accompanied by a trust, is given to the owner of a particular estate for life or for years, such estate is changed into a fee absolute in respect to the rights of creditors...
Pàgina 1282 - The judgment debtor, or his successor in interest, in the whole or any part of the property; 2. A creditor having a lien by judgment or mortgage on the property sold, or on some share or part thereof, subsequent to that on which the property was sold. The persons mentioned in the second subdivision of this section are, in this chapter, termed redemptioners.
Pàgina 870 - Where a general and beneficial power to devise the inheritance is given to a tenant for life, or for years, such tenant is deemed to possess an absolute power of disposition within the meaning of and subject to the provisions of the last three sections.
Pàgina 870 - Every power of disposition by means of which the grantee is enabled, in his lifetime, to dispose of the entire fee for his own benefit, is deemed absolute.