Commentaries On American Law 4
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n. b.
t Vol. i. 719. sec. 8, 9, 10.
Lee. LXVIL] OF REAL PROPERTY. 446 houses and lands have now become common means of m vestment, and circulate from owner to owner with unusual and startling rapidity. There is one check to the power of alienation of a right or interest in land, taken from the statute of 32 Hen. VIII, c. 9, against selling pre- tended titles ; and a pretended title, within the purview of the common law, is where one person lays claim to land, of which another is in possession, ...holding adversely to the claim.^ Every grant of land, except as a release, is void as an act of maintenance, if, at the time, the lands are in the actual possession of another person, claiming under a title adverse to that of the grantor.^ This prin- ciple has always been received as settled law in New- York, and it has been incorporated into the Revised Sta- tutes.^ But, even in such a case, the claimant is allowed, by the statute, to execute a valid mortgage of the lands, which has preference, from the time of recording it, over subsequent judgments and mortgages, and binds the lands from the time of recovering possesr^on.^ *The ancient policy, which prohibited the sale *447 of pretended titles, and held the conveyance to a third person of lands held adversely at the time to be an act of maintenance, was founded upon a state of society which does not exist in this country.
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To quickly assess the difficulty of the text, read a short excerpt:
n. b.
t Vol. i. 719. sec. 8, 9, 10.
Lee. LXVIL] OF REAL PROPERTY. 446 houses and lands have now become common means of m vestment, and circulate from owner to owner with unusual and startling rapidity. There is one check to the power of alienation of a right or interest in land, taken from the statute of 32 Hen. VIII, c. 9, against selling pre- tended titles ; and a pretended title, within the purview of the common law, is where one person lays claim to land, of which another is in possession, ...holding adversely to the claim.^ Every grant of land, except as a release, is void as an act of maintenance, if, at the time, the lands are in the actual possession of another person, claiming under a title adverse to that of the grantor.^ This prin- ciple has always been received as settled law in New- York, and it has been incorporated into the Revised Sta- tutes.^ But, even in such a case, the claimant is allowed, by the statute, to execute a valid mortgage of the lands, which has preference, from the time of recording it, over subsequent judgments and mortgages, and binds the lands from the time of recovering possesr^on.^ *The ancient policy, which prohibited the sale *447 of pretended titles, and held the conveyance to a third person of lands held adversely at the time to be an act of maintenance, was founded upon a state of society which does not exist in this country.
What to read after Commentaries On American Law 4?
You can find similar books in the "Read Also" column, or choose other free books by James Kent to read onlineMoreLess
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