This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ...of the whole estate for a year, liable to a defeasance on a particular event. So, where there is a lease for twenty-one years, determinable at the end of seven or fourteen years, the party, when he enters, is in of a term of twenty-one years, but a defeasible term, and which may determinate by matter ex post ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ...of the whole estate for a year, liable to a defeasance on a particular event. So, where there is a lease for twenty-one years, determinable at the end of seven or fourteen years, the party, when he enters, is in of a term of twenty-one years, but a defeasible term, and which may determinate by matter ex post facto. (/) When the lease is determinable by notice, the notice may be given at any time, if no particular period for giving it is specified; (-/) but it must be in strict conformity with the terms of the power of defeasance; and when performance of all the covenants that have been entered into by the lessee is made a condition precedent to his right to determine the lease, these covenants must be strictly fulfilled. (-) 717. Disclaimer and forfeiture.--If a tenant from year to year disclaims the title of his lessor; if he claims the land as his own, and refuses to pay rent on the ground that he is himself the owner, or if he attorns or delivers up possession to a stianger, or professes to sell or grant the property to another; if he cuts down timber, pulls down or alters dwelling-houses, or obliterates fences, boundaries, and land-marks, or opens and digs mines and quarries against the will cf the landlord, the tenancy is determinable by the latter and he has a right of re-entry upon the property, and may forthwith recover possession of the demised premises, (o) 1 Acts of this description on the part of a tenant from year to year work a forfeiture of his term and interest, and convert the possession into an adverse possession, so that the tenant may at once be proceeded against without any notice to quit ana without any demand of possession, (p)2 But, if the lessor dies, and adverse claimants to the property appear and demand the...
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