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268. Who has title to trees located exactly on a boundary line?
A. The adjoining owners have a joint property in them. Tiedeman, Sec. 8.
269. What statute abolished livery of seisin? A. The Statute of Uses.
270. What was the effect of the Statute of Uses ?
A. It abolished the feoffee and invested the legal as well as the equitable title in the cestue que use.
271. What are the various parts of a deed ?
A. I. Premises; 2. Habendum; 3. Tenendum; 4. Redendum; 5. Conditions; 6. Warranty; 7. Covenants; 8. Conclusion.
272. Explain the premises ?
A. The object of this clause is merely to recite preliminaries, such as the names of the parties, etc.
273. What is the object of the Habendum clause?
A. This clause explains the kind of estate conveyed.
274. What is the object of the Tenendum clause?
A. This is the clause which gives possession and title.
275. What is the function of the Redendum?
A. This occurs only in leases and in the returning clause.
276. What is the condition clause?
A. That wherein is set forth any contingency, on the happening or failure of which the estate granted may be defeated; or, in fact, any of the conditions that are superimposed upon the estate. This clause does not appear in every deed.
277. Explain the warranty clause?
A. This is the clause by which the grantor warrants and secures the estate to the grantee; the warranty may be general or special.
278. What is a general warranty?
A. A covenant on the part of a grantor that he, his heirs, executor or administrator shall warrant and defend the title conveyed to the grantee, his heirs and assigns forever against the lawful claim of all persons.
279. What is a special warranty?
A. That the title is free from incumbrance made or suffered by the grantor and that he, his heirs and assigns, shall warrant and defend the same to the grantee, his heirs and assigns against the lawful demand of all persons claiming through him, the grantor.
280. Explain the clauses of covenant?
A. These are the clauses in which either party promises to perform certain acts or guarantees the truth of some fact.
281. What is the object of the conclusion clause?
A. The object of this clause is to set forth the date of the execution of the deed.
282. How many requisites are there to a valid deed? A. Nine. 283. Name them?
A. 1. Competent parties; 2. Lawful subject-matter; 3. Consideration not open to legal objection; 4. Deed written or printed on paper or parchment; 5. Matter legally or orderly let out; 6. Reading of the deed; 7. Sealing and properly signing; 8. Delivery; 9. Attestation.
284. Are witnesses necessary to the validity of a deed?
A. In most jurisdictions they are, and the most usual number required is two. However, in some jurisdictions they are not required and the number of witnesses varies in the different States. Tiffany, P. 923.
285. What is the doctrine of lis pendens?
A. By this doctrine a person purchasing land which is the subject of pending litigation from a party to that litigation, takes title subject to the result of said litigation. Tiffany, P. 1098.
286. Can a mortgage given to secure a gambling debt be enforced?
A. No, as the consideration is illegal. Tiffany,
287. Is a tenant liable for waste committed by a stranger?
A. Yes, on the theory that he could have prevented it. Tiffany, P. 572.
288. What persons can make a valid devise of real estate?
A. All persons except infants, married women, and persons of insane mind.
289. Who may prepare a will devising real estate?
A. Any person, either the testator or another for him. Tiedeman, Sec. 635.
290. What are the requisites of a valid will?
A. I. A sufficient writing; 2. Proper attestation; 3. Legal subject-matter; 4. A competent testator; 5. A competent devisee. Tiedeman, Sec. 630.
291. What right is acquired by a mere naked possession?
A. Possession without even a claim of title, gives the party in possession such a right of property as will enable him to hold the land against all the world except the true owner. Tiedeman, Sec. 490.
292. What is necessary to enable a married woman to convey her real estate?
A. Her husband must join with her in the deed of conveyance. Tiedeman, Sec. 558.
293. How long must the use have continued at common law to acquire an easement in the land of another by prescription ?
A. From a time whereof the memory of man runs not to the contrary.
294. What is a springing use?
A. It is "one to commence in the future, unsupported by the limitation of a preceding use, and which does not by its vesting defeat or cut short any prior limitation.” Tiedeman, Sec. 355.
295. What are the two kinds of springing uses ?
A. It is vested when it depends upon the happening of an event which is certain to happen; it is contingent when the event upon which it depends is uncertain.
297. What is a shifting use?
A. It is one limited in such a manner that by its vesting it will defeat the prior estate in the use. A shifting use is always contingent. Tiedeman, Sec. 356.