1795-06-07 |
Reeve, Tapping |
Monday Mr Reeves began his lecture upon Real Property. General definitions must here be difficult & perhaps unnecessary. |
Real property, Real property & mortgages |
1795-06-07 |
not applicable |
George Larned's Esq. 1st Book Thompson, Conn. June 7th, 1795 |
Signature page, Title Page |
1795-06-07 to 1795-08-15 |
Reeve, Tapping |
Contracts entered into by persons non compos mentis may be avoided. It is true that a rigid adherence to a maxim established by the English courts, that a man shall not be admitted |
Contracts, Essay on contracts |
1795-06-07 to 1795-08-15 |
Reeve, Tapping |
In the State of Connecticut, there are several courts for the purpose of trying causes at law & prosecuting offenders which very different jurisdictions. |
Essay on courts of law in Connecticut, Practice in Connecticut |
1795-06-07 to 1795-08-15 |
Reeve, Tapping |
English law: The right the husband acquires by marriage to the personal property of the wife is absolute. Connecticut: The same [54 points of comparison] |
Charts, Comparison of law of Baron & Feme in England & Conn |
1795-06-07 to 1795-08-15 |
Reeve, Tapping |
England: Every child not born in wedlock or in competent time after is a bastard. Connecticut: The same. [62 points of comparison] |
Charts, Comparison of law of parent & child in England & Conn |
1795-06-07 to 1795-08-15 |
Reeve, Tapping |
English law: Slavery is unknown to the common law since villeinage ceased. Connecticut: In this country, villeinage was never known. We have no common law that slavery exists in this State. |
Charts, Comparison of law of master & servant in England & Conn. |
1795-06-07 to 1795-08-15 |
Reeve, Tapping |
Innkeepers may exercise their profession without any license for that purpose from any authority. [35 points of comparison] |
Charts, Comparison of law of innkeepers in England & Conn. |
1795-06-07 to 1795-08-15 |
Reeve, Tapping |
The contract of an infant is voidable as has been explained under the head of Parent & child. [146 points of comparison] |
Charts, Comparison of law of contracts in England & Conn. |
1795-06-07 to 1795-08-15 |
Reeve, Tapping |
England. The real estate descends to the heir over which the Executor has no control unless empowered by the will and assets in his hands to pay specialty and judgment creditors |
Charts, Comparison of law of executors in England & Conn. |
1795-06-07 to 1795-08-15 |
Reeve, Tapping |
Bailment: whenever a person is taken by virtue of an execution and committed to gaol, the chief keeper of the gaol, who is commonlhy the sheriff of the county, and such person escapes |
Charts, Comparison of law of escapes in England & Conn. |
1795-06-09 |
Reeve, Tapping |
The terms which are necessary in a deed in order to create a fee simple are "to a man & his heirs forever." |
Fee simple fee tail, Real property & mortgages |
1795-06-10 |
Reeve, Tapping |
It is laid down as a rule in Shelley's case that whenever an estate for life is given to a man and in the same instrument the remainder is limited over to his heirs, |
Real property & mortgages, Shelley's case |
1795-06-11 |
Reeve, Tapping |
It was formerly much of a question whether an estate could be entailed or not in this State; it was contended on the one hand that the Statute de donis was of no efficacy in this country. |
Life estates estates for life, Real property & mortgages |
1795-06-12 |
Reeve, Tapping |
Another kind of life estate created by operation of law is Dower. This is the right which every married woman has to possess one third of the lands of which her husband was seised |
Dower, Real property & mortgages |
1795-06-13 |
Reeve, Tapping |
An estate for years is a personal chattel & has all the qualities of personal property. |
Estates for years estates at will & sufferance, Real property & mortgages |
1795-06-15 |
Reeve, Tapping |
The distinction between corporeal & incorporeal heriditaments is that the former is land or something of substance, the other, as to its existence as a thing merely ideal, |
Incorporeal heriditaments, Real property & mortgages |
1795-06-16 |
Reeve, Tapping |
Every kind of interest in lands may be created subject to conditions which may either determine its existence or vary its qualities. |
Mortgages, Real property & mortgages |
1795-06-18 |
Reeve, Tapping |
It is become necessary by the Statute of frauds & perjuries that every agreement to make a mortgage must be in writing. |
Mortgages in writing, Real property & mortgages |
1795-06-18 |
Reeve, Tapping |
It is a rule that the mortgager shall not cut down timber and commit waste upon the mortgaged premises for as by the contract the mortgagee has security upon the whole of the estate. |
Mortgagee's security, Real property & mortgages |
1795-06-19 |
Reeve, Tapping |
The rule that a mortgager, or those standing in his place coming to redeem, shall pay other debts due to the mortgagee as it respects the heir, extends only to such debts as he would be liable to pay. |
Mortgagor's liability for debts, Real property & mortgages |
1795-06-20 |
Reeve, Tapping |
If the mortgagor releases the equity of redemption to the heir of the mortgagee, the executor is not thereby defeated of his interest. |
Equity of redemption, Real property & mortgages |
1795-06-22 |
Reeve, Tapping |
We have seen that the parties only are affected by a foreclosure, yet it is the duty of the mortgagee to join all who are interested in the mortgage |
Mortgages foreclosure, Real property & mortgages |
1795-06-23 |
Reeve, Tapping |
The general rule is that when there are several encumbrances upon lands, the elder shall be first paid off. |
Mortgages encumbrances, Real property & mortgages |
1795-07-03 |
Reeve, Tapping |
As a subsequent mortgagee may tack a prior incumbrance to prefer himself to a mesne incumbrance. |
Mortgages prior encumbrance, Real property & mortgages |
1795-07-04 |
Reeve, Tapping |
Should the mortgagee have been put to any expense in defending the title of the mortgagor, he will be allowed it on redeeming and he cannot make a charge of it |
Mortgages defending the title, Real property & mortgages |
1795-07-07 |
Reeve, Tapping |
When in the husband's lands & when on her own The husband cannot mortgage his lands after a marriage so as to encumber the wife's right of dower. |
Mortgages interest of feme covert, Real property & mortgages |
1795-07-08 |
Reeve, Tapping |
I was absent these two lectures (18 & 19) but the following cases exemplify the leading principles of the subject. Remainders & Exec. Devises. |
Real property & mortgages, Remainders & executory devises |
1795-07-10 |
Reeve, Tapping |
There are three kinds of joint estate: coparcenary, joint tenancy & tenancy in common. |
Joint estates joint ownership, Real property & mortgages |
1795-07-11 |
Reeve, Tapping |
As Mr. Reeve went upon the explanation of the Statutes of Charles, this lecture is omitted, the subject having been lectured upon (see Exec. & Admin.) |
Descents, Of title by descent |
1795-07-14 |
Reeve, Tapping |
There are two modes of acquiring real property, by descent & by purchase. A title by descent is the right which accrues to a person on the death of an ancestor to his estate. |
Descents, English law of descents |
1795-07-15 |
Reeve, Tapping |
This being on the Connecticut statute, see Executors & Administrators. |
Connecticut statute of descents, Descents |
1795-07-16 |
Reeve, Tapping |
This includes every other means of acquiring property different from that by descent. The principle of which are those of devise, deed, & by levy of execution. |
Devises, Of purchase devises |
1795-07-17 |
Reeve, Tapping |
The Statute of Charles 2nd, which regulates the business of devising, makes it necessary that the will be in writing, that it been signed by the testator in the presence of three |
Devises, Devises requisites of |
1795-07-18 |
Reeve, Tapping |
We have seen that a will of lands must be subscribed by three or more witnesses. Under this clause has grown a question, what shall be a signing by three witnesses. |
Devises, Devises signatures |
1795-07-20 |
Reeve, Tapping |
Of revocations at common law. The revoking clause of the Statute of Charles is not universally introduced into our statutes. |
Devises, Devises revocations |
1795-07-21 |
Reeve, Tapping |
Where two cancelled wills are found in the possession of a deceased person, neither of them is valid, for the first will being completely destroyed is not set up again by cancelling the second. |
Cancelled wills, Devises |
1795-07-22 |
Reeve, Tapping |
Revocations may be effected by the act of a stranger, as if after a devise a stranger should enter upon the devisor and disseise him. |
Devises, Devises revocation by act of a stranger |
1795-07-23 |
Reeve, Tapping |
A republication of a will is any act from which it may be inferred that a will then in being should stand good from that time, or any declaration to that effect by the Testator. |
Devises, Devises republication |
1795-07-24 |
Reeve, Tapping |
Fraud is also a ground for setting aside a will, but chancery will never set aside a will except for fraud practiced in the execution thereof. |
Devises, Devises fraud |
1795-07-25 |
Reeve, Tapping |
Taken from Canfield's lecture. A devise may fail by ay waiver, either express or implied by the devisee, as when a sum of money is devised to a creditor in express satisfaction |
Devises, Devises failure of |
1795-07-27 |
Reeve, Tapping |
See a case in Durnford & East 5th, 49 on the subject of revocations. In the case of the Bell tavern, Ld Raymond 831, parol proof was taken to show what kind of estate the devisor intended |
Devises, Devises parol proof |
1795-07-28 |
Reeve, Tapping |
It is a rule of English law that if there will be a will which contains bequests both of real & personal property & it be not executed sufficient to pass real estate, yet the personal bequests will take place if it be a good one for that purpose. |
Devises deeds |
1795-07-29 |
Reeve, Tapping |
In England, sealing is necessary to the execution of a deed. |
Deeds, Wills & devises |
1795-07-30 |
Reeve, Tapping |
Witness recording. Another requisite of a deed is that it be read to the obliger, if required, at the time of execution, and if it is refused or be read wrong, the deed is void. |
Deeds requisites of, Wills & devises |
1795-07-31 |
Reeve, Tapping |
There are other cases besides that of fraud where a deed is vitiated by the circumstances under which it was obtained. |
Deeds vitiated, Wills & devises |
1795-08-01 |
Reeve, Tapping |
In this State, real estate is subjected to execution for the payment of debts as well as personal. |
Executions, Wills & devises |
1795-08-03 |
Reeve, Tapping |
A bastard cannot inherit or be inherited except by his children. Nor can anyone devise a title by descent through him. |
Persons incapable of inheriting, Wills & devises |
1795-08-04 |
Reeve, Tapping |
Aliens may by naturalization be admitted to all those rights of natural born subjects. |
Persons incapacitated, Wills & devises |
1795-08-05 |
Reeve, Tapping |
The lowest and most common injury done to lands is trespassing upon them. |
Injuries to real property, Injuries to real property & their remedies |
1795-08-06 |
Reeve, Tapping |
If there be tenant for life or years and a man commit a trespass upon the crop in the emblements merely, the lesser has not right of action but it lies only with the lessee to sue the trespasser. |
Injuries to real property, Trespass real |
1795-08-08 |
Reeve, Tapping |
We have a statute respecting certain trespasses by the the common law is materially attested. |
Injuries to real property, Trespass statute |
1795-08-11 |
Reeve, Tapping |
It is not probable that the law of England on this subject will be considered as applicable to the circumstances of this new settled country, where the course of husbandry |
Injuries to real property, Waste |
1795-08-12 |
Reeve, Tapping |
Power of chancery to restrain waste has been exercised longer than perhaps any other branch of its jurisdiction. |
Injuries to real property, Waste restraint by chancery |
1795-08-13 |
Reeve, Tapping |
Another injury to real property is what in law is termed a nuisance. Nuisances are either public or private. |
Injuries to real property, Nuisance |
1795-08-14 |
Reeve, Tapping |
Our action of ejectment differs very materially from that of England. It is extremely simple & differs from the personal action only in this--that it is brot to recover |
Ejectment in Connecticut, Injuries to real property |
1795-08-15 |
Reeve, Tapping |
Where a man enters into a covenant or contract, if it be merely of a personal nature, is executors or administrators only are bound. |
Covenants, Covenants real |
1795-08-17 to 1795-08-31 |
Reeve, Tapping |
The having of this writ creates a lien upon all the property in the hands of the person with whom it was left. |
Foreign attachment, Foreign attachment |
1795-08-17 to 1795-08-31 |
Reeve, Tapping |
Whenever a question arises whether a conveyance is fraudulent or not, the tryers must find an intention to defraud at the time of the conveyance, and if they do not, |
Fraudulent conveyance, Fraudulent conveyances |
1795-08-18 |
Reeve, Tapping |
Mr. Reeve having before lectured on this subject, the following lectures will contain no regular system, but only desultory principles not noticed in the former lectures. |
Pleadings, Pleas & pleadings |
1816-01-01 to 1817-12-31 |
|
A will is a declaration either by word or writing as to the disposal of an estate to take place after testator's death. |
delete, Executor & Administrators |