A Treatise on the Modern Law of Real Property as Expounded by Our Courts of Last Resort, State and Federal Volume 2

A Treatise on the Modern Law of Real Property as Expounded by Our Courts of Last Resort, State and Federal Volume 2

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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. 1900 edition. Excerpt: ...extensive application, and in the legislation of every civilized nation on the globe, we find traces more or less italicized of the same idea that is embodied in our rule against perpetuities. Originally the rule owes its inception to judicial decision alone, entirely unaided by legislative enactment. And it will ever stand conspicuous among the many monumental exhibits of purely judge-made law. From time immemorial the English race has been peculiarly sensitive of all laws regulating real property, and in no direction has it displayed more thoroughbred antagonism than in those methods relating to the free alienation of lands. Aristocratic pretension and royal prerogative have manacled the freedom of transfer by laws of primogeniture and entailment. But the conviction is abroad and is every day gaining in momentum that public policy as well as common justice is opposed to the perpetual settlement of properties in such a manner as to make them practically inalienable--reserved from the commerce of the world so long as propagation can keep in being a person capable of taking who answers the designation of some testator, who seeks to elude the usual effects of burial by forcing unborn generations to recognize his acts. It is quite interesting to trace the attitudes of antagonism assumed by the judiciary from time to time in regard to limitations upon testamentary devises. But in England it was not until the administration of Lord Melbourne in 183 3 that the cap and bells were added to the rotund figure, and the rule against perpetuities appeared in full regalia. The celebrated case of Cadell v. Palmer, I Clark & Finley, 372, finally determined not only that children en ventre sa mere born after their father's death should be deemed...show more

Product details

  • Paperback | 180 pages
  • 189 x 246 x 10mm | 331g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123682766X
  • 9781236827661