Open Daily: 10am - 10pm | Alley door pickup 10am - 7pm 3038 Hennepin Ave Minneapolis, MN
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  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
A Treatise on the American Law of Real Property (Volume 2)

A Treatise on the American Law of Real Property (Volume 2)

Washburn, Emory

Paperback

General World History

Currently unavailable to order

ISBN10: 1152079492
ISBN13: 9781152079496
Publisher: General Books
Pages: 520
Weight: 1.66
Height: 1.15 Width: 9.01 Depth: 5.98
Language: English
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. 1860 edition. Excerpt: ...frauds requires it to be done by deed or note in writing, signed by the party assigning the same, or his agents thereunto lawfully authorized in writing. Stat. 29 Car. II. ch. 3, 3. And now by the Stat. of Victoria it can only be done by deed.1 The Stat. 32 Hen. VIII. ch. 34, as to assignment of covenants, &c. in leases, applies only to cases of demise by deed. Consequently, the assignee of a reversion cannot sue in assumpsit on the contract made by the assignor. And the very definition of a covenant implies that the agreement constituting it should be under seal.2 2. It may be stated, in general terms, that the grant by a lessee of his entire estate will be an assignment of the lease, whether done in the form of a lease or by an instrument in terms an assignment.8 3. So if the estate of the lessor as owner in fee is sold on execution before the rent is due, it would carry the right to recover the same to the purchaser 4. 'Questions have sometimes arisen, whether a certain act of a lessee is, in law, an assignment or an nnderletting. And this becomes important when the effect of the one or the other is considered. The determination of the question does not depend upon the form of the instrument alone, but upon Whether the lessee has thereby parted with his entire interest in the term as a term. If he has aliened his entire interest, it is an assignment. If it is for a period which is to expire before the expiration of the original lease, it is a subletting. In the one case he has a reversion left, in the other he has none. And the retaining the smallest reversionary interest gives to the instrument the mere effect of an underlease.1 Thus, where lessee demised to another the leased premises for the balance of the term, but...

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