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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867 edition. Excerpt: ...subject to the law of descents and all the incidents of dower and curtesy, in the same manner as other real estate acquired either by descent or purchase), and afterwards sells a part of the tract, describing it by courses and distances and adjoiners, we cannot see how such a conveyance can devest the title to the remainder of the tract. If A obtains a title to 400 acres by settlement, and afterwards conveys to B 200 acres, which take in the buildings and the part in actual cultivation, there is nothing to prevent A from obtaining a warrant for the remaining 200 acres, on proof of the improvement on the part conveyed to B. It cannot be, that ipso facto by such a conveyance, the remainder, which the settler has taken special care not to convey, becomes vacant, and liable to appropriation on a warrant to a third person. It would not be just to the Commonwealth, as it may be used as a means to defraud the State of interest on the whole tract from the time of the settlement. It would be contrary to a policy long settled, which leads us to discourage all temptation to fraud. That the owner of a settlement has a right to circumscribe his boundaries is conceded; and when it is done in good faith, the residue becomes vacant and subject to appropriation in the same manner as other vacant land. But it is an entirely different question where sale is made of part only, and the vendee chooses to circumscribe it to a less quantity. It cannot affect the title of the settler to the residue: it requires some other act, manifesting an intention to abandon, before the land can be treated as vacant. Thus, in Porter v..M'Ilr0y, (4 Serg. -Rawle 436), it is ruled, that taking a warrant for, and having a survey made but not returned, of a less...
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Product details

  • Paperback | 252 pages
  • 189 x 246 x 13mm | 458g
  • United States
  • English
  • black & white illustrations
  • 1236956931
  • 9781236956934