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Herbert Thorndike Tiffany.

The law of real property and other interests in land (Volume 3) online

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proceeds of land to be sold, 442.

profit a prendre, 746.

purchaser's interest under contract of sale, 750.

quarry, 743.

remainder, 755.

rent, 746, 747.

resulting trust, 749.

reversion, 755.

surplus proceeds of foreclosure sale, 773, 801, 815.

trees, 742.

vendee's interest under contract, 750.

vendor's interest, 750, 774.

wild and unimproved lands, 745.
inchoate, 798.

as entitling to injunction against waste, 802, 988.

as entitling to share proceeds of foreclosure sale, 801.

as entitling to share proceeds of partition sale, 801.

as vested right, 799.

computation of value, 801.

injunction against waste, 802, 988.

not assertable against disseisor, 802.

not transferable, 803.

release by wife, 774, 802.

relinquishment as valuable consideration, 802.

right to redeem from mortgage, 2647.
joinder in conveyance to release, necessity of wife's mention as party,

1592.
joinder in mortgage to release, 754.
jointure as bar, 790.

forfeiture of provision by misconduct, 794.

inadequacy of provision, 792.

ineffectiveness of provision, 792.
judicial sale, effect on, 773.
lease by husband, effect on, 768.
limitations and laches, 820.
life estate after assignment, 823.

conveyance, 823.

mortgage, 2367.

partition as against tenant, 824.

payment of incumbrances, 823.



Index. 3443

[references are to pages.]

DOWER— Continued.

life estate after assignment — continued,
payment of taxes, 823.
right to crops. 824.
modification by statute, 809, 825.
mortgage prior to, 772.
nature of, 733.

not recognized in community system, 660.
out of dower, meaning of expression, 756.
partition, effect, 706, 722, 758, 816.
partition sale, effect, 759, 801, 816.
priorities, bona fide purchaser, 767.

creditors of husband, 773, 788. 806.
mortgage given lender of purchase money, 741.
purchase money mortgage, 2564.
vendor's lien, 740, 2757.
proceeding to compel assignment, 817, 818.
quantum of husband's estate, 747.
release of, 774.

acknowledgment necessary, 780.

avoidance of conveyance containing, 781.

by contract, 791.

by infant married woman, 775.

by joinder in conveyance, 779, 1592.

does not estop to assert after-acquired title, 2122.
eflFect of subsequent avoidance of conveyance. 781.
by joinder in mortgage, effect of nullity of mortgage, 781.
directly to husband, 777.
husband's joinder necessary, 775.
procurement by fraud, 801, 802.
statute of frauds, 776.
to whom available, 776.
to whom made, 776, 777.
seisin in husband, necessity, 735, 737.

duration, 739.
separation agreement, effect on, 778.
statutory change, 809, 825.

summary proceedings to compel assignment, 818.
termination of husband's estate, 769. 770.
transitory, 739.

valuation of land for purpose of, 813.
vendor's lien, priority, 740, 2757.
waste by tenant in, 824.
widow's quarantine, 807.

DRAINAGE

into stream, riparian riglit, 1145, 1148, 1162.
of marsh on neiglibor's land, 1165.



3444 Index.

[REfERENCES ARE TO PAGES.]

DRAINAGE— Continued.

ot riparian land, intcrft'rcnci' by ub.slnictiini ul How oi stream, 114.5.

of surface water, 1163, 1175.

statutory authority, 1310.

to detriment of owner of liuntin^f ])rivile;ie, lo'JO.

DRAINS AND DRAINAGE

ai)parent user of land for, implied i^rant of easement, 1278.
as within covenant against incumbrances, 1685, 1687.
creation of easement by statute. i;{10.
easement of, 12:J8, 1274, 1279, 2036.

by prescription, 2036.

effect of change in dominant tenement, 1346.

implied graivts, 1274, 1279.
for disposal of surface water, 11G2.
implied grant corresponding to prior use, 1274, 1279.
in or on adjoining land, 1162, 1167, 2038.
license to maintain, 1203.
prescriptive right to maintain, 2061.

see, also, "Drainage."

DUMPOR'S CASE, RULE IN

nature of, 298, 300.

DURESS

conveyance under, 1639.

DUST

injury to adjoining owner, 1134.



EARTH

as subject of ownership, 866.
removal as waste, 955.

EASEMENTS

aliandonment, 1377.

abandonment by mortgagor, mortgage not affected, 2422.
acquisition for public use, under power of eminent domain, 2162.
adaptation of servient tenement, 1348.
adverse possession of land, does not extinguish, 1980.
affirmative and negative, 1199.
agreement for, part performance, 1211.
alterations and repairs in connection with e.xercise, 1348.
annexation of article to land for exercise of easement, right of re-
moval, 922.
appropriation of water of stream, 1234.



Index. 3440

[references are to pages.]
EASEMENTS— Continuci.

apinirtt'iiant and in gross, 1223, 1229, 123:?.

aj)|)iirtenaiit, cannot be separated from dominant ItMicment, 1228.
constnictioii of grant in favor of, 122!J, 12:!0.
must contribute to enjoyment of dominant teUfiiu-nt, 1223.
passes on transfer of dominant tenement, 1227.
to incorporeal iiereditament, 1225.
to land not yet actjuired, 1233.
appurtenant or in gross, conslruction of grant, 1231.

t'li'ccl of pi-('S( ript ion, 12.!2.
as against subsequent purchaser of servient tenement, 1217.
as breaili of covenant against incumbrances, 1684.
covenant for <iuiet enjoyment. 1700,
covenant for seisin, lf>81.
covenant of warranty, 1700.
as not involving active duties, 1198.
assertion of, as adverse possession, 1945.
bona fide purchaser of land, 13S5.
cessation of purpose. 1363.

change in dominant tenement, effect, 1345, 1370.
change in mode of exercise, 1330.
change in place of exercise, 1339.
cliange on servient tenement, effect, 1369.
condemnation, 1261, 1310.
condemnation of servient tenement. 1376.
conveyance of servient tenement. 1385.
corresponding to pre-existing quasi easement, 1272.
created in conveyance of other land, notice from record, 2188,
creation, condemnation proceeding, 1261. 2161.
conveyance with ap|)urtenances, 1291.
covenant operating as grant, 1258.
decree in partition, 1233.
devise, 1611.
estoppel. 1313, 1327.
exception, 1266, 1606. 1607, 1612.
grant, 1328.

grant by one cotenant, 684, 1260.
implied grant, 1302.

oral grant followed by improvements, 12.'>8.
payment of damages for nuisance, 1261.
prescription, 1232, 1309, 1344, 1347, 2028, 2071.
reference to supposed ways, 1313, 1314.
reservation, 1266, 1328, 1606, 1610.
statute, 1310.
dedication of land does not affect, 1861.
devise, 1261, 1288, 1305.
distinguished from licenses, 1201, 1202.



3446 Index.

[references are to pages.]

EASEMENTS— Continued,
distinguished — continued,
natural rights, 1201.

profits a prendre, 1201.
disturbance, 1351, 1358.

action on the case, 1358.

injunction against, 1360.

notice as prerequisite to action, 1358.
dominant tenement, nature, 1223.

need not adjoin servient tenement, 1224.

transfer passes easement, 1227.
dower in, 746, 747.

duration, fee simple or fee determinable, 1228.
enforceable against adverse possessor of land, 1980.
equitable easement, 1425, 1434.
estoppel to assert, 1376, 1379, 1381.
estoppel to deny, 1313, 1327.
exception, 1266, 1607, 1612.
express reservation, 1266.
extent and mode of user, 1328, 1344.
extinction, 1376.

adverse user of land for limitation period, 1384.

cessation of purpose, 1363.

change in dominant tenement, 1345.

change in user of dominant tenement, 1370.

dedication of servient tenement, 1375.

destruction of building, 1364, 1365, 1368, 1369.

estoppel to assert, 1376, 1379, 1381.

excessive exercise, 1370.

executed license, 1381.

expiration of time, 1328.

express release, 1376.

implied release, 1378.

impossibility of exercise, 1364, 1365, 1368, 1378.

in favor of bona fide purchaser, 1385.

nonuser, 1379.

obstruction for limitation period, 1384.

party wall, 1366-1368.

release, 1376, 1378.

separation from dominant tenement, 1363. .

terms of creation, 1228.

unity of possession or title, 1200, 1371-1374.

wrongful exercise, 1370.
failure of title to, as breach of covenant, 1700.
failure to exercise, 1379.
for life, 1226, 1229.
grant of, 1328.

by cotenant, 684, 1260, 1290, 1303.



Index. 3447

[references are to pages.]

EASEMENTS— Continued,
grant of — continued.

by niort-^agor, mortgage not aflected, 2422.

construction, 1338, 1331, 1344.

construction in favor of grantee, i:',2i).

incidental covenant as running witli land, 1410-1413.

necessity of seal, 1257.

or of ownership, 1260.

with appurtenances, i;*l)l.
implied grant, 1270.

as properly express grant, 1271, 1302.

based on necessity, 1295.

by cotenant, 1290, 1303.

contemporaneous conveyances, 1288, 1305.

corresponding to pre-existing quasi easement, 1272.

from necessity, 1295.

in land not belonging to grantor, i;.'90, 1303.

necessity of user, 1284.

not if contrary intention, 1274.

«f easement of necessity, 1295.

on conveyance of land for factory, 1295.

on conveyance of land for railroad purposes, 1296.

on devise, 1288.

on judicial sale, 1289.

on lease, 1288.

on mortgage, 1289.

on partition, 1289.

on release, 1289.

on severance of ownership, 1272.

permanent user, 1284.

properly rule of construction, 1302.

reference to plat depicting way, 1319.

reference to supposed way. 1313, 1324.
implied reservation, 1270, 1272.

corresponding to existing user, 1292.

effect of covenant against incumbrances, 1685.
impossibility of exercise, 1364, 1368.
in derogation of natural rights, 1195.
in favor of cotenant of servient tenement. 1200.
in favor of diHerent persons in same land, 1200.
in gross and appurtenant, 1223, 1229. 1232.

descent, 1226.

duration, 1269.

how far recognized, 1224.

or appurtenant, construction of grant. 1231, 1233.

transfer, 1226.
in highway in favor of abutting owners, 1531.
in one's own land, 1200.



3448 Index.

[references are to pages.]

EASEMENTS— Continued.

interference by owner of other easement, 1357.

involve no active duties, 1198.

license privilege distinguislied, 1211.

merger in ownership, 1200, 1371-1374.

misuse of, 1331, 1370.

mode of exercise, 1328, 1345.

nature, 1198.

negative and affirmative, 1199.

negligent conditions on servient tenement, liability, 1350.

new species of easements, judicial recognition, 1256.

no duty of active performance, 1247.

no exclusive occupancy, 1255, 1200.

nonuser, effect, 1379.

notice of, 2226.

obstruction of exorcise, 1351, 1353, 1357, 1384.

abatement, 1362.

action for, 1358.

injunction, 1360.

for limitation period, 1384.

gates over way, 1354.

under license, 1381.
of necessity, 1295, 1296.

for support for building, 1294.

on conveyance of minerals in place, 1296.

to remove chattels sold, 1216.

to remove fixtures sold, 1216.

to remove trees sold, 1216.

ways, 1297. See ''Way of Necessity."
oral gift, improvements by donee, 1211, 1327.

prescriptive user under, 2043.
partial release, 1377.
partition of servient tenement, 711.
partition proceeding, creation in, 1261.
place of exercise, 1338.
practical construction of grant, 1329.
prescription, creation by, 1232, 1309, 1344, 1347, 2028, 2071.

protection of innocent purchaser, 1387.
reciprocal, 1294.

by prescription, 2075.
reference to plat as creating, 1319, 1320.
release, 1376, 1378.
repairs on servient tenement, 1199, 1348.

apportionment of cost, 1249.
reservation, 1266, 1328, 1607, 1610.

construction in favor of grantee, 1329.

necessity of words of inheritance, 1617.



Index. 3449

[references are to pages.]

EASEMENTS— Continued,
reservation — continued.

servient tenement, alterations and repairs, 1348.
effect of increase in burden. i;>4(>.
nature, 1223.

need not adjoin dominant tem-ment, 1224.
partition, 711.

rights of user by owner, 1351, 1352.
specific easements,

access to highway, 1313. 1531.

air, 1233. 1234, See "Air."

appropriation of water. 1234, 1235, 1237, 1364, 1390. See

"Water"; "Watercourse."
aqueduct, 1236.

implied grant. 1274, 1279. 1283.
rights of servient owner, 1238.
artificial watercourse, 1236, 1237, 1274, 1279, 1283.
burial of dead, 1253.
church pew, 1250.

conducting water across land, 1236.
drainage, 1236.

encroachment by building, 1255. 1276.
entry to take water, 1235, 1364, 1390.
flowage of land, 1234, 1275.
light passing to windows, 1233.
from highway, 1313.
implied grant, 1276, 1313.
maintenance of dam, 1199.
maintenance of fence, 1199.
mixing manure on another's land. 1256.
monument on another's land. 1255.
obstructing flow of stream, 1234.
partition fence, 1247.
party wall, 1244, 1261, 1340, 1416.
passage of air, 1233.
percolating water, 1235.
pews, 1250.

placing articles on another's land, 1255.
placing clothes lines on anotlier's land, 1255.
pollution of air, 1234.
pollution of stream, 1234.
preservation of level of pond, 1276.
reservoir on another's land, 1255.
right of way, 1249.

implied grant, 1279, 1283, 1297.
signboard on another's land, 1255.
stairway on another's land, 1255.
supply of water, 1235.



3450 Index.

[refekenceb are to pages.]

EASEMENTS— Continued.

specific easements — continued.

support by lower of upper part of Imilding. 1)45, 1244.
support of building from adjacent property. 1243.
suj.port t.f land and buildinj;s. 124::. 1243, 1275, 1294, 1296.
easement of necessity, 12'J4, 1297.
implied <;rant. 1275.
support of trees b*lon;;inji to anotlier, S82.
surface water. 1235.

swinging shutters over another's land, 1255.
taking of water. 1235. 1237, 1364. 1390.
tying horses on another's land. 1256.
use of wall as party wall, 1245. 1261, 1340, 1414. 1416.
utilizing another's dock, 1255.
wall on another's land. 1262.
water in stream, 1234.
water power. 1240.
way. 1249. 1279. 1283.

implied grant, 1279. 1283.
wharting out into navigable water. 1027.
withdrawal of support from surface of land. 1242.
spurious, 1199.

statutory proceeding for. 1310.
subdivision of dominant tenement, 1346.
suspension, 1367. 1371.
tenancy in common in. 1200.
transfer, 1226.

unity of ownership, effect, 1200. 1371.
wrongful exercise as tres})ass, 1331.

see, also, "Adjoining Owners"; "Air"; "Aqueduct": "Artificial
Watercourse"; "Building"; "Drainage"; "Drains"; '"Equi-
table Restrictions"; "Fences"; "Flowage"; "Highway";
"Licenses"; "Light"; "i'arty Wall"; "Percolating Water";
"Prescription"; "Profits a Prendre"; "Restrictive Agree-
ments": "Streams": "Supi)ort": "Surface Water";
"Water''; "Watercourse"; "Way, Easement of."

EAVES

adverse possession of land under, 1929.
as part of house named as boundary. 1653.
projecting over another's land. 864.

EAVES DRIP

liability of owner of building, 1186.

ECCLESIASTICAL COURTS

jurisdiction of decedent's movables, 2.



Index. 3451

[REFERENCEti ARE TO PAGEb.]

EDGE

of highway, referred to as hoimdary, 16()2.
o»" stream, referred to as boundary, 1658.

EJECTMENT

against lireiisee. n(»t rovoralion of license, 1218.

tenant at will, SIT).

tenant holding over, 252.
as between cotenants, 671.

election to forfeit lease, :{02.

lis pendens, 2268.
avoidance of infant's conveyance by, 2335.
by ad\erse possessor, l'.)~9.

ce8tiii que trust, 366.

cotenants, joinder, 699.

disseisor, 32.

dowress, 817.

equitable owner. 366.

grantee of government, 1562.

holder of title based on adverse possessicn, 1979.

joint tenants and coi)arceners, 699.

landlord against tenant. 186.

lessee before entry, 117.

mortgagee. 2423, 2426.

mortgagor, 2424,

municiiiality. in case of land dedicated, 1884.

owner of land subject to highway, 1525.

proprietor of cemetery lot, 1254.

tenant at will, 215.

tenant for years, 119.

tenant under lease, 119.

tenants in common. 699.
estoppel to deny title in, 195.
for breach of condition, 305.

dominant tenement, ai)purtenant easement included in recovery,
1228.

interference with easement. 1358.

interference Avith pew right, 1359.

intrusion in air space, 865.

land dedicated, 1884.

land subject to highway, 1525.
to enforce forfeiture. 306, 308.

obtain assignment of dower, 817.
transfer of right of action. 2291.

ELECTION

against conversion in equity, 452.

devise of particular estate, effect on remainder. 521, 522.
as between conflicting descriptions, 1772.



3452 Index.

[references are to pages.]

ELECTION— Continued.

as to forfeiture for breach of condition, 297, 300.

jointure to bar dower, 791.

location of land excepted, 1615.
between curtesy and devise by wife, 842.

dower and homestead, 825, 858.

dower and statutory provision, 825.

dower and testamentary provision, 785.
by widow, as to dower, 785, 825, 858.

as to homestead, 858.

release of dower to husband, 778.
in favor of dower, sequestration of estate refused, 523.
to declare whole mortgage debt due, 2677.

ELECTRIC WIRES

as additional servitude on highway, 1528, 1529.

ELECTRICITY

failure to furnish on leased premises as eviction, 304.

ELEGIT, WRIT OF

nature, 3146.

see, also, "Execution."

ELEVATED RAILWAY

in street, compensation to abutting owner, 1533.
prescriptive right to maintain, 2071.
change of structure, 2061.

ELEVATORS

defects in, liability of owner of building, 147, 1351.
failure to furnish proper service as eviction, 204.
landlord's liability for defects, 147.

EMBLEMENTS

as meaning annual crops, 876, 889, 890.

fruit, 890.

grass, 890.

hops, 890.

straw, 890.

trees, 889.

turpentine (scrape), 890.
ploughing and manuring land insufficient, 888.
rights of disseisor, 895.

executor of tenant for life, 891.

lessee of life tenant, 891.

outgoing tenant, 84, 888.

tenant at sufferance. 894.

tenant at will. 891.

tenant for years, 892.



Index. 3453

[reperencer are to pages.]

EMBLEMENTS— Continued.

ii<;lits of disseisor— continued.

tenant from year to year, 894.
tenant pur auter vie, 891.
second crop from same sowing, 891.

see, also, "Crops"; ''Trees"; "Vegetation."

EMINENT DOMAIN

acquisition of easement under power of, 1261, 1310.
acquisition of land under implied grant, lliiK), 1305.
additional servitude in highway, 1527.
appropriation of equitable easement, 1428, 2162.
appropriation under, 2160.
cessation of public use, effect on title, 2166.
compensation for additional servitude in highway, l.)28.

deprivation of access to navigable waters, 1022.

deprivation of benefit of restrictive covenant, 1428, 2162.

deprivation of right of wharfing out, 1027.

deprivation of use of water, 1132.

destroying access to water, 1022.

establishment of highway, 1524.

establishment of turnpike, 1539.

flowage of land, 1148, 1169.

interference with easements in highway, 1531.

location of park or sijuare, 1540.

taking of easement, 2161, 2162.

taking of "fee," 2161.

vacation of highway, 1535.
condemnation of husband's estate, effect on dower, 769, 800.
condemnation of leased premises, effect on rent, 1496.
damages, when regarded as land, 456.
establishment of highway, nature of proceeding, 1524.
interests subject to appropriation, 2161.
mode of exercise, 2163.

nature of interest acquired, 1310, 2161, 2166.
obstruction of stream by dam, statutory authority, 1149.
power of, 2160.

does not preclude claim of way of necessity, 1309.
purchase money for land taken, is personalty, 456.
rights based on restrictive covenants, compensation for taking, 1428,

2162.
stipulation restricting recovery of damages, as within covenant

against incumbrances, 1687, 1688.
subway not taking of property, 1533.

taking under, not breach of covenant of warranty or for quiet en-
joyment, 1695.
time of passing of title, 2164.

payment of compensation, 2164, 2165.
utilization of highway, additional servitude, 1527.



3454 Index.

[references are to pages.]

EN VENTRE SA MERE

cliild, legal rights of, J03, GOO, 1907.

ENCROACHMSNT

on another's land, prescriptive right, 2037.
on space above land, as tort, 864.

ENEMY

destruction by public enemy, tenant's liability, 140, 977.

ENFORCEMENT

of forfeiture, 305-319.

ENGINES

as trade fixtures, 928.

ENJOYMENT

rights of, incident to ownership, 862, 1118.

ENLARGEMENT

of estate, provision for, .'565,

ENROLLMENTS, STATUTE OF

avoidance by lease and release^ 351.
purpose and effect, 349, 1572.

ENTAIL

see "Fee Tail Estate."

ENTIRETIES, TENANCY BY

abolition by married women's property acts, 650.
conveyance by husband, 652. 653.

wife, 653.
creation, 645.

by descent to husband and wife, 647.

conveyance or devise to husband and wife necessary, 646.

expression of contrary intention, 646.

presumption of intention, 647.
crops grown on land, 652, 654.

liability for husband's debts, 654.
debts of husband, enforcement, 654.
divorce, eflect as terminating, 656.
for life, 646.

husband's rights of control, 652, 653.
in timber, 649.

individual debts, enforceability against land, 654.
joint debts enforceable against, 655.
lease by husband, 652.



Index. 3455

[refekencks are to pages.]
ENTIRETIES, TENANCY BY-Cmtinucd.
liability for husband's debts, 654.
not recognized in all states, 651.
partition not permissible, 655, 712.
remainder to heirs, 6:^2.
rents and profits, husband's rights, 652.
right of survivorship, ()5;5.
statutory niodifitations, 650.

statutory presumption in favor of tenancy in common, applicability.

650.
survivorship, 645.
termination by divorce, 656.
timber cut on land, 650.

ENTRY

as mode of enforcing forfeiture, .",05, ."iOS.
as requisite to running of covenant, 180.
by agent, 1956.

assignee of leasehold, 164. 9 <

necessity for running of covenant. 180.
disseisee, necessity for action of trespass, 243.
landlord, for temporary purpose, not eviction, 202.
legality, 117, 119.
on tenant's abandonment, 1585.
permissible for limited purposes only, 119.
lessee, necessity, 114-117.
for breach of condition, 305.
foreclosure of mortgage by, 2684.
interrupting adverse possession, 1956.
necessity for enforcement of forfeiture, 306.
on public lands, 1552, 1553, 1556.

state land, 1559.
right of, not transferable, 313, 315.
to avoid infant's conveyance, 2335.
under invalid lease, 216, 217.

lease, not necessary to create estate, 116.
lease in reversion, 156.

permission, as creating tenancy at will. 217.
public land law, 1552, 1553. 1557, 1559.

see "Adverse Possession"; "Condition"; "Trespass."

ENTRY, RIGHT OF

not transferable, 313.

not within rule against perpetuities, 603.

ENTRY, WRIT OF

foreclosure of mortgage hy. 2685.



3456 Index.

[kefekencks are to pages.]

EQUITABLE ASSIGNMENT

sufficiency for running of covenant, 180.
see "Subrogation."

EQUITABLE CHARGE

by express provision, 1423, 1433, 2734-3742.
favored as against condition, 272.
see "Equitable Liens."

EQUITABLE CONVERSION

see "Conversion, Equitable."

EQUITABLE EASEMENT

binding on purchaser witli notice, 1436.
created by party wall agreement. 1423.
nature, 1425, 1435.

see "Equitable Restrictions."

EQUITABLE ESTATES
creation, 374, 391.
curtesy in, 834.
dower in, 748.
execution levy on, 2148.
limitation of fee simple in, 47.
mortgage of, 2368.
nature, 362-369.

restriction as to alienation, 2317, 3319.
seisin for purpose of curtesy. 831.
subject to judgment lien, 27S0.

rule against perpetuities. 006.

rule in Shelley's case, 541.

EQUITABLE JOINTURE

as barring dower, 790.

EQUITABLE LIENS

agreement for security, 2743.
agreement to give mortgage, 2746.
bona fide purchaser protected, 2740.
charge of annuity, 2735.

debts, 2736.

legacy, 2736.

personal support, 2735.
created by party-wall agreement. 1423.
defective mortgage, 2372* 2373. 2746.
deposit of title deeds, 2749.

does not entitle lienor to possession. 2426, 2427.
enforcement a?,iinst subsequent purchaser, 2739.



Index. 3457

[referexces are to pages.]

EQUITABLE LIENS— Continued,
oquitable mortgage, 2T4S.
t'xpn'ss (.harjje on land, 2734.
for improvements, 2750.

owelty of partition, 2751.

part of cost of party wall, 1423.

price of land, 2752.

support to be furnished, 329, 2735.
imperfect mortgage. 2746.
mode of enforcement, 2741.
nature, 2734.

personal obligation. 2742.
vendee's lien, 2765.
vendor's lien, express reservation, 2761.

persons affected, 2756.

priority over dower claim, 2757.

transfer, 2758.

waiver, 2759.

when arises, 2752.
vendor's lien before conveyance, 2763.

EQUITABLE MORTGAGE

nature. 2372, 2373, 2743.
see "Equitable Liens."

EQUITABLE OWNERSHIP

classes of, 337-464.

see "Conversion, Equitable"; "Equitable Estates"; "Trustees";
"Trusts."

EQUITABLE POWERS

nature. 1046.

EQUITABLE REMAINDERS

contingent, 516.

failure of particular estate, effect, 523.

nature, 515.

question as to existence, 516.

time of vesting. 505.

EQUITABLE RESTRICTIONS

as to use of land, 1425.

as within covenant against incumbrances, 1686.
change in neighborhood, effect. 1455.



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