Volume 1 — Davis's Land Court Cases

<p>Trust — Attempted Substitution by New Deed — Ormt — By One to Himself a/nd Others in Trust; Effect.</p>

<p>Way — Exception of Road from Grant Construed as Recital of Easement, Not Exception of Fee.</p>

<p>Seizin — Lack of Record Title — Land Registration Act.</p>

<p>Estoppel — Quit-Claim Deed — After-Acquired Title.</p>

<p>Tax Title — Registration — What Proof Necessary.</p>

<p>Presumption of Death — Registration of Title — Concurrent Proceedings in Probate Court.</p>

<p>Deed — Habendum, Repugnant to Grant — How fa/r Rejected.</p>

<p>Tax Title — Assessment to Record Owner — Notice to Own- . ers — Purchase by Person Assessed — Right of Redemption.</p>

<p>Will — Compromise — Title Thereunder.</p>

<p>Flats — Boundary and Division Lines.</p>

<p>Mortgage — Foreclosure—Notice—Deed—Foreclosure of Second Mortgage Where First Mortgage Has Been Paid.</p>

<p>Mortgage — Conveyance of Equity to Mortgagee — Merger.</p>

<p>Restrictions — Agreement for Restrictions — Easements — Streets on Plan — Abandonment.</p>

<p>Tax Title — Commitment to Collector After Reassessment — Tax Sale — Error in Collectors Charges.</p>

<p>Restrictions — Disregard and Violation — Change in Character of Neighborhood.</p>

<p>Deed — Indefinite Grantee — Unincorporated Association.</p>

<p>Way — By Necessity — In Favor of Bieversion, .Notwithstanding Grant to Estate m'Dower.</p>

<p>Mortgage — Discharge to Mortgagor After He Has Parted With the Equity of Redemption — Equitable Assignment.</p>

<p>Possessory Title — Assessors3 Plan.</p>

<p>Trust— Declaration Subsequent to Creation of Trust — Admissibility in Evidence — Statute of Frauds — Merger of Legal and Equitable Estates.</p>

<p> Condition or Restriction. </p>

<p>Mortgage to Trustee on Undisclosed Trust — Discharge — Assignment — Foreclosure.</p>

<p>Debts — Administrator’s Lien — Actual Existence of Debts — Newly Discovered Assets — Laches.</p>

<p>Condition — Observance Prevented by Act of Third Party — Forfeiture.</p>

<p>Voluntary Trust — •Termination by Reconveyance.</p>

<p>Husband and Wife — Statutory Heir — $5,000 Estate — Set Off by Probate Court Under Revised Laws.</p>

<p>Executory Devise — Power of Alienation — Release.</p>

<p>Mortgage —Equitable Mortgage — Assignment cmd Discharge.</p>

<p>Way — Deed — Boundary — Grant Bounding on Way Held to Include Fee to Entire Width of Way.</p>

<p>Mortgage — Invalid Foreclosure — Purchase by Husband of Mortgagee — Assignment by Wife to Husband.</p>

<p>Agreement to Assume Mortgage — Equity — Estoppel — Laches.</p>

<p>Devise — ■ Life Estate — With Power of Disposal in Fee.</p>

<p>Execution Bale — Requisites to Validity.</p>

<p>Easements — Prescription — Public User — When Adverse — When to be Deemed Permissive.</p>

<p>Deed — Conditions Containing More Than One Cause for Forfeiture — Restrictions.</p>

<p>Mortgage to Executors and Trustees — Assignment — Execution by One, Insufficient — Distinction between Mortgage to Testator and Mortgage to Executors or Trustees.</p>

<p>Statute of Pious Donations — Devise to Roman Catholic Church.</p>

<p>Deed of Married Woman — Assent by Husband — Release of Gurtesy.</p>

<p>Flats — Division of Flats on a Headland or Curving Shore — Angle of Side Lines — General Scheme.</p>

<p>Deed — Boundary on Way — Exclusion of Fee in Way.</p>

<p>Devise — Remainder —• Possibility of Issue Extinct.</p>

<p>Land Registration Act — Word “ land ” — Fees Payable by Petitioner Based on Assessed Valuation of Both Land and Buildings.</p>

<p>Easement — Implied in Law — Distinction Between Or ant rnd Reservation.</p>

<p>Bamkruptcy — Assertion of Title by Trustee — Special Statute of Limitations — Election Not to Assume Title.</p>

<p>Dower — Tenancy in Common — Voluntary Partition — Joint Tenancy.</p>

<p>Deed — Boundaries—Monuments—Practical Construction by Parties.</p>

<p>Probate Court — Jurisdiction — Statutory Heir — Assignment of $5,000 Estate — Pub. Stat. Chap. 124-, Sec. 8, 17 — Guardian ad litem — Presumption of Begula/rity of Probate Proceedings.</p>

<p>Trust — New Trustee — Lack of Both Deed and Appointment Toy Court — Transfer of Title by Operation of Statute.</p>

<p>Evidence — Opinion — Expert Testimony — Surveyor — Ancient Bounds — Adverse Possession — Indian Titles and Occupation.</p>

<p>Easements — Implied from Plan — Estoppel — Determined by Abandonment.</p>

<p>Condition — Terminated by Power of Attorney to Enforce, Coupled with Covenant to Stand Seized — Recital by Subsequent Grantors not Equivalent to Reimposition.</p>

<p>jDeed — Use — Words of Inheritance Lacking — Fee — Resulting Use.</p>

<p>Land Registration Act — Practice — Examiner’s Abstract and Report — Deeds Not in the Direct Chain of Title — Burden of Proof — Prescription.</p>

<p>Trustee — Bond — Necessity Therefor Under the Various Revisions of the Statutes.</p>

<p>Easement — Prescription —■ Non-apparent User — Actual Knowledge.</p>

<p>Magistrate — Disinterested Party — Mortgage — Attorney to Foreclose May Talce Oath of Witnesses to Entry.</p>

<p>Condition and Conditional Limitation — Limitation Void — Qualified Fee and Fee Absolute — Grant to Church — Charitable Trust —■ Private and Public Charities — Power to Alienate.</p>

<p>Deed— Boundary on Creek — Monuments at Side of Stream — Plan — Partition.</p>

<p>Land Registration — Practice —■ Easements, Determination and Enforcement — Equity.</p>

<p>Colonial Grants — Land Tenure Under Colony and Province Laws — Common Lands — 'Towns and Proprietors — Proprietors of Common Lands and Proprietors of General Fields — Reservation and Exception.</p>

<p>Will — Devise — Vested Remainder Subject to being De-vested— Estate Tail — Determinable Fee — Executory Devise.</p>

<p>Writ of Entry — Action for Possession under R. L., Chap. 178, Sec. 47 — Review of the Earlier Statutes — Levy after Special Attachment — Survival of Action — Bight of Grantee to Prosecute.</p>

<p>Widow — Bight of Occupancy Under B. L. Chap. 132, Sec. 12 — Acquirement of Title Against the Heirs — By Tax Title ■— By Prescription.</p>

<p>Deed — Grantee — Church and Religious Society.</p>

<p>Restrictions — General Scheme — Personal Agreement.</p>

<p>Deed to Church — Condition—Charitable Trust — Bale — Cy Pres.</p>

<p>Homestead — Devise of “ Homestead Estate ” — Construction.</p>

<p>Charitable Trust — Power of Bale in Trustee.</p>

<p>Restrictions — Effect as to Third Parties of Agreement to Release — Effect of Sale for Taxes.</p>

<p>Frcmdulent Conveyance — Claim of Homestead Exemption — By Tort Feasor — Special Attachment — Bights of Subsequent Judgment Creditor.</p>

<p>Town and Parish — Ancient Grant — Municipal a/nd Parochial Uses — Title on Separation — Attempted Acquirement by Abutters of Easements over Common.</p>

<p>Judicial Bale — Partition — Defective Notice — Confirmation.</p>

<p>Trust — Jurisdiction of Probate Gourt — Life Estate and Remainder.</p>

<p>Way — Public — Layout by Town — Validity — Statutory Requirements.</p>

<p>Mortgage — Right to Possession — Tenant in Possession Acquiring Overdue Mortgage — Writ of Entry.</p>

<p>Tax Title — Assessment — Owner of Record — Holder of Outstanding Tax Title not Released of Record.</p>

<p>Condition — Personal to Grantor — Restraint on Alienor tion — Partial Restraint.</p>

<p> Tenancy by the Entirety. Attachment. Execution. Husband and Wife. </p>