A Treatise on the Examination of Titles to Real Estate and the Preparation of Abstracts: With an Appendix of Forms

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W. H. Stevenson, 1885 - Abstracts of title - 158 pages
 

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Page 75 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Page x - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present...
Page 179 - He should have a title which shall enable him, not only to hold his land, but to hold it in peace, and, if he wishes to sell it, to be reasonably sure that no flaw or doubt will come up to disturb its marketable value.
Page 14 - States, to a person who had died or who shall hereafter die before the date of such patent, the title to the land designated therein shall inure to, and become vested in, the heirs, devisees or assigns of such deceased patentee, as if the patent had issued to the deceased person during life.'1...
Page xx - Will, in the presence and at the request of the testator, and in the presence of each other, and that they saw Phillip Mothersbaugh do the same.
Page 116 - The officer who makes the sale sells something he does not own, and which he can have no authority to sell except as he is made the agent of the law for the purpose. But he is made such agent only by certain steps which are to precede his action, and which, under the law, are conditions to his authority. If these fail the power is never created. If one of them fails it is as fatal as if all failed.
Page 41 - Each and every one of the integral parts of the execution is essential to the perfection of the patent. They are of equal importance under the law, and one cannot be dispensed with more than another. Neither is directory, but all are mandatory. The question is not what, in the absence of statutory regulations, would constitute a valid grant, but what the statute requires. Not what other statutes may prescribe, but what this does. Neither the signing nor the sealing nor the countersigning can be omitted,...
Page 69 - The points to be attended to are to show, to whom the lands are devised ; the words used in description of the lands; the words of limitation by which the estate is devised ; the power, if any, in pursuance of which the devise is made; the words of modification, or of severance of the tenancy, if there be any ; the words of qualification which may abridge or defeat the estate ; the uses and trusts, if any are created; the conditions, or conditional limitations by way of executory devise, or otherwise,...
Page 41 - ... absence of statutory regulations, would constitute a valid grant, but what the statute requires. Not what other statutes may prescribe, but what this does. Neither the signing nor the sealing nor the countersigning can be omitted, any more than the signing or the sealing or the acknowledgment by a grantor, or the attestation by witnesses, when by statute such forms are prescribed for the due execution of deeds by private parties for the conveyance of lands. It has never been doubted that in such...
Page 6 - ... while the contract is open, it is neither in the vendor nor in the vendee absolutely ; but, if the sale goes on, it is the property of the vendee ; if the sale is broken off, it is the property of the vendor. In the mean time the vendee has a temporary property, and a right to keep it, even if the title be rejected, until the dispute be finally settled, for his own justification, in order to show on what ground he did reject the title (d).

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