Page images
PDF
EPUB

shall stand in the same place as the person himself would have done, had he been living.

5. On failure of lineal descendant or issue of the person last seised, the inheritance shall descend to his collateral relations, being of the blood of the first purchaser, subject to the three preceding rules.

6. That the collateral heir of the person last seised must be his next collateral kinsman of the whole blood.

7. That in collateral inheritances, the male stock shall be preferred to the female, unless where the land has in fact descended from a female.

245. Does the rule that inheritances shall always descend and never ascend, apply strictly in modern times ?

A. No, there are many instances in the various states where this has been changed by statute.

246. What is the meaning of per capita?

A. It is applied to a division of an estate where each takes share and share alike in their own right and not by right of representation.

247. What is the doctrine of succession in stirpes?

A. That where there are several entitled through their ancestor that they take according to what their ancestor would have taken, i. e., by the root or stock.

248. What do you understand by purchase? A. It has been defined to be the possession of lands

and tenements which a man hath by his own act or agreement, and not by descent from any of his ancestors or kindred. It may be said to include every other method of acquiring an estate other than by inheritance which is where the estate comes to a man by the sole act and operation of the law.

249. Is a devise to be considered as an acquisition by purchase?

A. Yes, it matters not how the devise be made so long as it is valid, that is, no matter what limitations there may be, nevertheless it is an estate by purchase.

250. What are the principal differences between an estate acquired by descent and by purchase ?

A. By purchase the estate acquires a new inheritable quality; that is, the line of descent may be and is changed; and, second, an estate taken by purchase does not make the heir answerable for the debts of his ancestor, as does an estate taken by descent.

251. What is forfeiture?

A. A punishment annexed by law to some illegal act or negligence in the owner of lands, tenements or hereditaments; whereby he loses all his interest therein, and they go to the party injured, as a recompense for the wrong which either he alone, or the public together with himself hath sustained.

252. Name the eight various ways in which a forfeiture may occur?

A. I. By crimes and misdemeanors; 2. By alienation contrary to law; 3. By non-presentation to a benefice, when the forfeiture is denominated a lapse; 4. By simony; 5. By non-performance of conditions; 6. By waste; 7. By breach of copyhold customs; 8. By bankruptcy.

253. Who is capable of conveying an estate?

A. All persons in possession are prima facie capable of conveying, yet if the tenant has merely the right of either possession or property he cannot convey.

254. Who is capable of purchasing an estate?

A. Any person may purchase and hold an estate, unless laid under some particular disability by the law.

255. What is the rule in Shelley's case?

A. "When the ancestor, by any gift or conveyance, taketh an estate of freehold, and in the same gift or conveyance an estate is limited, by way of remainder either mediately or immediately to his heirs, or to the heirs of his body, the word 'heirs' or 'heirs of his body' are words of limitation of the estate, and not words of purchase."

256. Did the rule itself originate in Shelley's case ? A. No, it was first authoritatively uttered in Shel

ley's case, but it was in fact an ancient rule of the common law. Tiedeman, Sec. 321.

257. Is the rule in Shelley's case in force in this country?

A. It is in a majority of states, but it has been abolished by statute in some jurisdictions. Tiffany, 316.

258. What is the effect of the abolition of the rule in Shelley's case?

A. The ancestor takes a life estate with a contingent remainder to his heirs.

259. What is a party wall?

A. It is a wall erected between two lots to support the beams of adjoining buildings and is for the mutual benefit of the owners of such buildings. Tiedeman, Sec. 450.

260. Are owners of party walls tenants in common thereof?

A. No, each has title in severalty to one half of the wall.

216. To what easement is the title of the owner of one half of a party wall subject ?

A. The title is subject to an easement for support of the other half.

262. Can a married woman make a valid power of attorney authorizing the conveyance of her lands?

A. In some states she cannot, but the better rule is that she can, as there is no reason to prevent her doing by agent what she has the right to do herself. Tiedeman, Sec. 570.

263. Is a power of attorney executed by a feme sole revoked by her subsequent marriage?

A. It is so revoked. Tiedeman, Sec. 570.
264. Is the deed of an infant void or voidable?
A. Voidable. Tiedeman, Sec. 556.
265. What is meant by pre-emption?

A. It is the name given to the right in this country conferred by acts of Congress upon persons settling upon the Public Lands, to buy the land on which he settles at the minimum price fixed by law, provided he records an accurate description of the land in the proper land office. Tiedeman, Sec. 522.

266. Is the rolling stock of a railroad considered realty?

A. It has been held so to be by some decisions, but the weight of authority seems to be the contrary. See Tiedeman, P. 4, note.

267. What right have adjacent owners in water passing over their land?

A. The right to a reasonable use of the water without diminishing its flow, or polluting it to the injury of the riparian owner below.

« PreviousContinue »