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Sunday, February 9, 2020 | History

4 edition of A treatise on the law of personal property found in the catalog.

A treatise on the law of personal property

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Published by M. Bender in Albany, N.Y .
Written in English

    Subjects:
  • Personal property -- United States.

  • Edition Notes

    Other titlesSchouler on personal property.
    Statementby James Schouler.
    The Physical Object
    Paginationxxv, 886 p. ;
    Number of Pages886
    ID Numbers
    Open LibraryOL14046096M
    OCLC/WorldCa11772721

    Its main divisions and titles are those of the standard casebooks. And we should not be surprised to learn that such an inheritance tax has been declared to be unconstitutional. These conditions and terms, and the rights and obligations arising therefrom, constitute what is known as tenure or land tenure. Sprankling Call Number: KF

    And when the farm had been let to A. On the contrary, international law is constructed on the idea of nationality as a cornerstone. George asserts, that certain cunning men in days gone by cheated society out of its dues, and obtained from it fee simple tenancies without rendering an adequate equivalent; and it may be true we shall not question the proposition in this placethat the present returns to the State for the private enjoyment of these tenancies are grossly inadequate to the benefits thus received: Mr. But if it is the wish of the legislature that this shall be done, no provision of the constitution has been violated, for there has been no infringement of vested rights. They only regulate his exercise of the right, with reasonable objects in view. W46 This study aid is designed to introduce the topic of possessory estates and future interests to the beginning Property student.

    The so-called Torrens registration law has been declared to be unconstitutional by the courts of Illinois and Ohio; the Illinois statute being objectionable because the law provided for the determination by the registrar of the disputed claims of title; and this feature of the law was alone held to be unconstitutional, because it involved an unwarrantable encroachment by an administrative officer upon the power of the judiciary. In either case the tax is valid and does not conflict with any constitutional principle. For example, estates tail have been abolished in most of the American States. It is therefore held that no one has a vested right to dispose of lands by will, in accordance with the laws in force when he acquired them.


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A treatise on the law of personal property by Schouler, James Download PDF Ebook

The court sustained the statute, and held the progressive features to be reasonable classifications of the right of succession, although Mr.

Treatise on the Law of Sale of Personal Property 1868: Judah Philip Benjamin (1811

Arranged in chapters, by topic, this book also features annotations in the margins to easily locate desired information. They do not depend upon contract, and do not emanate from the marriage contract. There are many other such instances of legislative changes of the character and incidents of estates in lands, which may be ascertained by a reference to any work on Real Property.

The constitutionality Edition: current; Page: [] of the Illinois statute was attacked in the Supreme Court of the United States on the ground that it violated the Federal constitutional requirement of the equal protection of the laws.

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In Indiana and New York, the tenant takes a fee simple, if there is no limitation in remainder after the estate tail, and a life estate, where there is such a limitation. Since the interest of the reversioner or remainder-man was already liable to be defeated by the arbitrary will of the tenant in possession, it was not a vested right, and, therefore, not protected by A treatise on the law of personal property book constitutional limitations.

In what cases, and under what circumstances, the State can exercise this power of appropriation, and to what extent the rights of possession, enjoyment and disposition, may be limited by the imposition of restrictions, depends upon the policy of each system of jurisprudence.

Would he not be essentially a tenant of the State, and his interest in the land a tenancy? Jump to navigation Jump to search A A treatise on the law of personal property book treatise is a scholarly legal publication containing all the law relating to a particular area, such as criminal law or trusts and estates.

George employ the term, and the provisions of the law in respect to the tenancy of lands are in strict conformity with the principles they advocate. The common law provided that the husband on his marriage would acquire an estate during coverture in all of the lands of the wife which she then owned, and, from the time of purchase, in all other lands which she may subsequently acquire.

Instead of being in the possession of individuals, the country would be held by the great corporate body—society. It has long been the policy of England and of the States of this country to deny to the alien the right to hold lands within their borders.

This class of cases may possibly include also those, in which the contingency arises from an uncertainty as to which of two or more living persons shall be entitled to take, as where the limitation is to the heirs of a living person.

For, in the division of governmental powers between the United States and the respective States, Edition: current; Page: []. The statutory regulation of conveyancing is in some of the States very extensive, providing for almost every contingency; while in others the legislation has been limited.

Its main divisions and titles are those of the standard casebooks. Topics include possession and ownership; common law estates; concurrent ownership; landlord and tenant, easements, profits, and licenses; covenants and equitable servitudes; real estate brokers; contracts of sale; transfer of title by deeds; the recording system; title insurance; mortgages; airspace; water; support; boundaries; fixtures; trespass; nuisance; and land use regulation.

It was held that, inasmuch as the statute only effected a reasonable change in the remedies, its enforcement against existing lessors and lessees did not impair any vested right. George asserts, that certain cunning men in days gone by cheated society out of its dues, and obtained from it fee simple tenancies without rendering an adequate equivalent; and it may be true we shall not question the proposition in this placethat the present returns to the State for the private enjoyment of these tenancies are grossly inadequate to the benefits thus received: Mr.

All would be equally free to bid; all would be equally free to refrain. Thus, she was deprived of both the statutory dower, and the dower at common law. In those cases in which the interest is contingent, because the person who is to take the contingent estate is not yet born, it may be reasonable enough to claim that the interest is not a vested right.

With equal or greater force could the constitutional objection be applied to a progressive inheritance tax, the rate per centum varying according to the value of the inheritance.

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Suppose society conclude that it must have this want supplied, and in order to gratify this desire it gives to these parties and to their heirs and assigns the exclusive possession of certain land, as long as they pay a certain rent, the amount of which is to be determined by society from time to time, and provided further, that the land may be at any time reclaimed by society, if the public exigencies shall require it, upon the payment to these parties or their heirs and assigns of a compensation for the loss of improvements, which have become inseparable from the land, and for future profits in the continued possession?

We have already discussed the character of a remainder or reversion after an estate tail, and have concluded that they are vested A treatise on the law of personal property book, not subject to legislative change or modification. On the other hand, if a statute is passed, which declares that married women shall hold their legal estates as well as equitable estates free from the control or attaching rights of the husband, the use to a married woman which remained unexecuted by the statute, only on account of her disability to hold the legal estate independently of her husband, would at once become executed into a legal estate under the old Statute of Uses, without A treatise on the law of personal property book express legislation to that effect.

For land being the absolute property of the State, any condition may be imposed in the original grant of it, that the welfare of the community may seem to require.

The work also includes a practice guide that offers practice tips for practitioners. While the vested right of alienation cannot by subsequent legislation be taken away altogether, an indirect restriction upon the right, resulting from the denial of the right of alienation to subsequent purchasers and the consequent diminution of sales, would not be properly considered a deprivation of a vested right.

The act was declared to be unconstitutional, because it imposed an unequal tax and established the principle of a sale of justice, which is not countenanced by the constitution.

The right of succession to property upon the death of the owner rests upon some positive law, and it is competent for the law-making power, when conferring the right to annex to it such burdens or conditions as the public interest may require.

Would not the State be still the ultimate owner of the land, and the so-called proprietor only vested with the right of possession and enjoyment, in other words, a qualified property?

All such legislation, however radical it may be, will be clearly free from all constitutional objections, as long as it is not made to apply to existing estates.Nov 24,  · A Treatise on the Law of Fixtures, and Other Property, Partaking Both of a Real and Personal Nature by Andrew Amos,available at Book Author: Andrew Amos.

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