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of water acquires to the gradual formation of adjacent land resulting from alluvial deposits by the water. Tiffany, P. 1034.
196. What is title by occupancy?
A. The taking possession of those things which before belonged to nobody.
197. Under what circumstances did a title by occupancy arise under the laws of England ?
A. Where a man was tenant pur autre vie that is for the life of another and the tenant died during the life of the person by whom it was held, the first who entered upon the land might lawfully retain possession of it during the life time of the cestui
que 198. Does the estate of common occupancy exist in the United States ?
A. No, it has been abolished by statute in England and in the United States. Tiffany, P. 78.
199. What is dereliction?
A. This arises wherever the sea or a river shrinks back below the usual water mark; the ownership of this new made land also belongs to the riparian owner.
200. An island arises in the middle of a stream, to whom does it belong?
A. If the stream be non-navigable, then it belongs equally to the riparian owners, being in the thread of
the stream, but if on either side it belongs to the person owning the land on the side on which it arises; if however it be a navigable stream, then it belongs to the State.
201. When was the memory of man said to have commenced ?
A. Formerly, a usage was said to have been immemorial if it dated from the beginning of the reign of Richard I; but because of the impossibility of proof, the courts have held generally, that the existence of a usage for twenty years is sufficient. The proof of a shorter period of corroboration may be taken to establish the right in some cases.
202. What is meant by the term “hotch-pot" ?
A. It is a term meaning the blending and mixing of property belonging to different persons in order to divide it equally among those entitled to it. Bouvier's Dict., Vol. 2, P. 1460.
203. What relation does the law of hotch-pot have to advancements to an heir or to the widow in lieu of dower?
A. That whenever an advancement had been made or that anything had been given to the widow in lieu of dower, they should in any case, in order to be entitled to an equal share in the estate, return what they have received to the general fund.
204. What is title?
A. It is “the means by which one may acquire the right of ownership in things.” Tiedeman, Sec. 469.
205. What are the three complete requisites to a complete title?
A. The possession, the right of possession, and the right of property.
206. What is a reversion?
A. It is "that estate which remains to an owner of land after he has conveyed away a particular estate.” Tiedeman, Sec. 291.
207. Is a reversion a vested estate?
A. Yes, it is a vested estate of future enjoyment, the possession of which awaits the determination of the estate originally granted. Tiedeman, Sec. 291.
208. Can a reversion be assigned?
A. Yes, it may be assigned as though it were an estate in possession, subject to the prior estate granted. Tiedeman, Sec. 292.
209. What is the general remedy to try title in this country?
A. The action of ejectment. 210. What is an estate in remainder ? A. It is an estate limited to take effect and be en
joyed after another or prior estate has been determined. Tiedeman, Sec. 296.
211. How many kinds of remainders are there? A. Two.
212. Name them?
A. Vested and contingent remainders. 213. Define a vested remainder?
T. “A vested remainder is a present vested right to the future enjoyment of the land." Tiedeman, Sec. 297.
214. What is a contingent remainder?
A. It is where no present right passes, but the right depends upon the happening or not happening of some uncertain event or the estate is limited to an un
215. What are the requisites of the particular estate to support a remainder?
A. If it be a freehold remainder and vested, then it may be supported by an estate for years if livery be made to the tenant of the particular estate; but if it be a contingent remainder of freehold then the particular estate must likewise be a freehold estate. This for the reason that a freehold estate cannot be created to commence in future, and it is uncertain in
a contingent remainder whether it will ever take effect, and the freehold must rest in some one.
216. Will an estate at will support a remainder?
A. No, for the reason that at any time the grantor could by acts or declarations determine the estate of the tenant holding at will.
217. What do you understand by the rule that the remainder must commence or pass out of the grantor at the time of the creation of the particular estate?
A. That a remainder cannot be created by a separate instrument or conveyance from that which created the particular estate. Each must arise at the same time. It has been held that a remainder can be created by separate instrument where a delivery of both is made at one and the same time.
218. What do you understand by the rule that the remainder must vest in the grantee during the continuance of the particular estate, or eo instanti on its determination ?
A. By the feudal law the freehold could not be vacant, or, as it was termed, in abeyance. There must have been a tenant to fulfill the feudal duties or returns, and against whom the rights of others might be maintained.
219. How are remainders distinguished other than by the words vested and contingent?