Cases On the Law of Real Property
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Lester, 1 Bradf. Sur. 293; Perry v. Hale, supra. But an entry and occupation under the will have been considered the most satisfactory evi- dence of acceptance, in cases where action has been brought against the devisee, where the devise was subject to the pfyment of debts. Pickering v. Pickering, 6 N. H. 123; Glenn v. Fisher, 6 John*". Ch. 34; Kelsey v.
Western, 2 N. Y. 501. In this case the devisee is dead, and his grantee sets up the claim that he entered and occupied the prem"s s under anot...her title; i. e. a tax title acqu'red after the devise, but before the end of the preceding estate. There is no other evidence bearing upon the question of acceptance or renunciation, except the fact that he claimeii title in fee, contrary to the terms of the de- vise, and we are asked to determine whe h ^r this was sufficient evidence or renunciation to go to the jury. In Doe v. Smyth, (i Barn.
& 0. 112, the court said that a devi-:ee can- not be compelled to accept the devised in- terest, but may by some mode renounce and disclaim it.
What to read after Cases On the Law of Real Property?
You can find similar books in the "Read Also" column, or choose other free books by Jasper C Jasper Calvin Gates to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Lester, 1 Bradf. Sur. 293; Perry v. Hale, supra. But an entry and occupation under the will have been considered the most satisfactory evi- dence of acceptance, in cases where action has been brought against the devisee, where the devise was subject to the pfyment of debts. Pickering v. Pickering, 6 N. H. 123; Glenn v. Fisher, 6 John*". Ch. 34; Kelsey v.
Western, 2 N. Y. 501. In this case the devisee is dead, and his grantee sets up the claim that he entered and occupied the prem"s s under anot...her title; i. e. a tax title acqu'red after the devise, but before the end of the preceding estate. There is no other evidence bearing upon the question of acceptance or renunciation, except the fact that he claimeii title in fee, contrary to the terms of the de- vise, and we are asked to determine whe h ^r this was sufficient evidence or renunciation to go to the jury. In Doe v. Smyth, (i Barn.
& 0. 112, the court said that a devi-:ee can- not be compelled to accept the devised in- terest, but may by some mode renounce and disclaim it.
What to read after Cases On the Law of Real Property?
You can find similar books in the "Read Also" column, or choose other free books by Jasper C Jasper Calvin Gates to read onlineMoreLess
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