The American Law of Landlord and Tenant, Volume 2

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Contents

Assignment over Things Essential to its Validity 454 Liability of on Certain Covenants
35
Mortgagee generally considered an Assignee
36
Liability of Assignee of Insolvent Debtor
37
Insolvency as affecting Right to collect Subsequent Rents
39
Trustees for Creditors how far liable for Rent
41
Executors and Administrators Actions by and against for Rent
42
Bound only by Covenants running with the Land
43
May avoid Liability by assigning How Chargeable
44
Heir how far Chargeable on his Ancestors Covenants 463 Heir of Lessee Rights
45
CHAPTER XI
47
53
48
Tenancy from Year to Year only determined by Notice
50
Particulars
51
Form of
62
Day named to correspond to Conclusion of Term
63
Waiver by Tenant of Irregularity in
65
Must be in Name of Landlord By Tenants in Common and Joint Tenants Agents Partners
66
Unauthorized not cured by Subsequent Adoption By Re ceivers Corporate Officers
67
By Landlord to be in Writing
69
Form of Words of Description of Premises
70
Sufficient Service of
71
Waiver of what Acts constitutes
73
Subsequent Notice generally a Waiver
74
Determines Tenants Estate absolutely
76
Incurred by Breach of Stipulation when
77
Reentry for Waste
80
Of Whole Estate notwithstanding Severance of Occupation
81
Who may reenter Right Optional Tenants Estate subsists till Reentry
82
For Nonpayment of Rent Demand a Prerequisite to at Common Law
84
Demand how far necessary in different States
86
Tenants Equitable Relief against Reentry
87
Equitable Relief to Tenant when refused
88
Waiver of Forfeiture by Acceptance of Rent or Distraint
90
Waiver by other Acts of the Landlord
92
Acceptance of Rent accrued before Forfeiture
94
Continuing Cause of Forfeiture not waived by Acceptance of Rent Examples
95
Waiver of Continuous Condition
96
By Merger 502 Defined
97
How produced
98
What Estates will merge When Merger not permitted
99
Estates merging must be held in same Right Exceptions
100
Remote Estate must be as large as or larger than the Pre ceding Estate
101
By Parol Acts
113
Contingent Modes of Dissolving a Tenancy
121
d TENANTS DISCLAIMER
128
Bound by Terins of the Original Demise Creates
148
The Tenants Right to remove Fixtures
161
THE LANDLORDS REMEDIES
185
By whom to be Levied
210
Statutory Exemptions from Distress
216
Of Things in the Hands of Artificer or Merchant
217
Of Things brought on the Premises in Ordinary Course of Business
218
Of Things delivered to a Common Carrier Auctioneer Manu facturer
219
Exemption by Landlords Consent Goods consigned for Sale
220
Fixtures not distrainable until severed from the Freehold
221
Goods in Custody of the Law
222
Of Foreign Ambassadors and Ministers Things in Actual Use
223
Beasts of the Plough Sheep Implements of Trade Cattle of Stranger
224
Attaches only to Goods on the Premises
225
Contemplates an Existing Tenancy
226
Goods of Strangers Execution is for Accrued Rent only
227
Form of the Statutory Proceeding
228
Liability of the Officer under the Statute
229
Landlords Duty in Respect of Goods distrained
230
To maintain Rent due must be Ascertainable
239
So after Entry for Forfeiture for Rent accrued
240
Rests on Privity of Estate or Contract Liability of Mesne Lessee
241
By Assignee of the Reversion
242
The Action for Use and Occupation
253
Generally when Equity will decree Payment of Rent
273
The Action of Covenant
279
Actions for Waste
298
Assumpsit Case concurrent with Covenant
300
Equitable Remedy in New York
301
Injunctions to prevent Waste
302
Remedies in Special Cases
303
Injunction in Special Cases
304
Equitable Relief not restricted to the Reversioner
305
Granted only for Substantial Injury to the Freehold
306
Generally not granted to a Doubtful Title
307
Injunction against Lifetenant without Impeachment of Waste 308 1
308
CHAPTER XIV
310
When it lies
311
Landlords Right to reenter Demand
312
In New York Landlord entitled to Judgment when
313
Demand and Notice to quit When necessasy
314
By a Mortgagee Form of
315
Complaint in Premises how to be described
316
Proof of Title not required
318
Tenants Estoppel to deny Title
322
When Estoppel does not arise
323
Matters of Defence not barred by Estoppel
325
Tender or Payment of Rent Effect of
328
Mesne Profits Plaintiff entitled to How Computed Separate Action for
329
Mesne Profits Mesne Lessee generally not liable for De fences to Action for
330
Mesne Profits Executors and Administrators as such pot liable for Matters of Proof in Action for
331
Summary Proceedings to recover Possessions 713 To what Cases applicable Determine Right of Possession merely
332
New York Lessor when entitled to Possession
334
Vacant Possession what amounts to
335
CHAPTER XV
366
Plaintiff bound to due Diligence in Prosecution
376
780 Case lies for Consequential Injuries
407
Abuse of Distress Excessive Distress
408
Principle to determine Form of Action to be brought 783 Case for Damages when it lies 784 Case for Injury for Incorporeal Rights 785 Action Perso...
409
CHAPTER XVI
412
Acts to constitute Forcible Entry and Detainer
414
Entry by Force when justified
416
Who may maintain the Action
417
Allegations necessary in Order to maintain
419
Form of Proceeding
421
Title How far in Issue Possession Essential
423
Judgment for Restitution
425
Indictment for when supported 412 414 416 417 419 421 423 425
426
APPENDIX
429
Tenant under Void Lease or Agreement entitled
469
Successors to Tenants Estate when entitled
470
When not necessary Examples
471
To entitle to must be Privity Acts of Tenant to render unnecessary
472
Acts of Landlord to render unnecessary
473
Mortgagor in Possession when entitled
474
When to be given Length
475
INDEX
537
429
541
537
554
54
566
58
583
60
584
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Page 496 - ... granted, bargained, sold, assigned, transferred and set over, and by these presents doth grant, bargain, sell, assign, transfer and set over unto the said...
Page 502 - ... make, do and execute, or cause or procure to be made, done and executed, all and every such further and other lawful and reasonable acts...
Page 485 - And the said lessee doth hereby, for himself, his heirs, executors, administrators, and assigns, covenant with the said lessor that he...
Page 522 - In the name of the people of the State of New York: "To the sheriff of the county of Albany...
Page 432 - In the event of any such trader as aforesaid being adjudged a bankrupt, or taking the benefit of any Act for the relief of insolvent debtors...
Page 517 - ... for and during all the rest, residue, and remainder of the said term of years yet to come and unexpired ; subject, nevertheless, to the rents, covenants, conditions and provisions in the said indenture of lease mentioned.
Page 5 - ... after the allowance of such a claim, the ascertainment of the amount due, and the issuing of a warrant for the payment thereof.
Page 443 - And the [lessor doth hereby] for himself his heirs executors administrators and assigns [covenant with the said lessee his executors administrators and assigns] that he...
Page 438 - And the said party of the second part hereby further covenants that if any default be made in the payment of the said rent or any part thereof, at the times above specified, or if default be made in the performance of any of the covenants or agreements herein contained, the said hiring, and the relation of landlord and tenant, at the option of the said party of the first part shall wholly cease and determine...
Page 466 - ... from thence next ensuing, and fully to be complete and ended : Yielding and paying...

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