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 Property |
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Page viii
... BREACH OF THE COVENANTS IN SUCH CASES . CHAPTER XV . THE ACTION OF EJECTMENT AS BETWEEN LANDLORD AND TENANT - WHO MAY TAKE AD- VANTAGE BY FORFEITURE OF THE BREACH OF COVENANTS OR CONDITIONS OF FORFEIT- URE GENERALLY OF THE WAIVER OF THE ...
... BREACH OF THE COVENANTS IN SUCH CASES . CHAPTER XV . THE ACTION OF EJECTMENT AS BETWEEN LANDLORD AND TENANT - WHO MAY TAKE AD- VANTAGE BY FORFEITURE OF THE BREACH OF COVENANTS OR CONDITIONS OF FORFEIT- URE GENERALLY OF THE WAIVER OF THE ...
Page 43
... breach , the premises to be forfeited to the grantor , for the use of G. , his heirs and assigns , the court of appeals of the state of New York held , that the language employed made the land described an estate upon con- dition , and ...
... breach , the premises to be forfeited to the grantor , for the use of G. , his heirs and assigns , the court of appeals of the state of New York held , that the language employed made the land described an estate upon con- dition , and ...
Page 49
... breach of condition . If the action can be maintained at common law , by the statutes of the state of Maine , the mortgagor , not in possession , has no remedy but in a court of equity . ( Dyer v . Toothaker , 51 Maine R. 380 . Stewart ...
... breach of condition . If the action can be maintained at common law , by the statutes of the state of Maine , the mortgagor , not in possession , has no remedy but in a court of equity . ( Dyer v . Toothaker , 51 Maine R. 380 . Stewart ...
Page 55
... breach of such condition , have the same right of entry upon such real estate , and the same remedy for such breach , by entry , suit , or otherwise , as the original grantor , or those who legally repre- sent him , would have , if such ...
... breach of such condition , have the same right of entry upon such real estate , and the same remedy for such breach , by entry , suit , or otherwise , as the original grantor , or those who legally repre- sent him , would have , if such ...
Page 90
... breach of condition , then such right shall be deemed to have first accrued when such forfeiture was increased , or such condition broken . By sections 10 and 11 of the act , it is declared that no person shall be deemed to have been in ...
... breach of condition , then such right shall be deemed to have first accrued when such forfeiture was increased , or such condition broken . By sections 10 and 11 of the act , it is declared that no person shall be deemed to have been in ...
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A Treatise on the Remedy by Ejectment and the Law of Adverse Enjoyment in ... No preview available - 2020 |
Common terms and phrases
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
Popular passages
Page 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.
Page 763 - A statement of the facts constituting the cause of action, in ordinary and concise language...
Page 194 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...
Page 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...
Page 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.
Page 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...
Page 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.
Page 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...
Page 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...
Page 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...