Estate agent

“ Where the agent can show that he has brought about a sale or tenancy he will be entitled to the commission notwithstanding the fact that another agent has been paid, or has recovered in an action, commission in respect of the same sale or tenancy. ”

“ No estate or interest in real property other than a lease for a term not exceeding one year, nor any trust or power concerning such property, can be created, transferred, or declared otherwise than by operation of law or by a conveyance or other instrument in writing, subscribed by the party creating, transferring, or declaring the same, or by his lawful agent, under written authority, and executed with such formalities as are required by law.' 'Sec. ”

“ The agency through which the purchase is made may be either the real-estate dealer of the same national group, or, more commonly, the building and loan association. The real-estate agents to whom the foreign-speaking immigrants go are like the steamship agents, the immigrant bankers, the keepers of special shops. Those who are honest and intelligent render invaluable services ”

“ In a devise of real and personal property, the law makes a distinction as to the two estates, in the construction of devisees; and, when technical language is used, the devisee takes an absolute estate in the personal, and a limited estate, or an estate tail, in the real property. ”

“ The statute under which the court acted, authorises a sale of the real estate, only where the personal estate shall be insufficient for the payment of debts, when the justice of the claims shall be fully established, and when, upon consideration of all circumstances, it shall appear to the chancellor, to be just and proper that such debts should be paid, by a sale of the real estate. ”

“ By section 6, 'every guardian appointed by the court, having the care of a real estate,' shall within three months procure an appointment by the orphans' court of appraisers 'to examine the estate, and estimate the annual value thereof.' By section 7, 'no guardian shall commit waste on the land ”

“ He must make a careful list of all the property belonging to the estate. The value of the personal property is estimated by men specially appointed by the court for the purpose and known as "appraisers". 5. The administrator must account for every item of property that comes into his possession. 6. All debts of deceased must be first paid, including funeral expenses. If the proceeds of the personal property are not sufficient for this purpose, the administrator may, if there be real estate, sell the whole or part of it, on an order from the court. ”

“ In that case an administrator sold property of the estate, the order of sale directing that he take from the purchaser two good sureties as well as mortgages upon the property, as provided by the statute. ”

“ J., speaking for this court, on that subject, said: 'A purchaser at execution sale of real estate upon the payment of the purchase money and confirmation of the sale becomes the equitable owner of the property, and in a proper case may compel the issuing of a sheriff's deed to himself. ”

“ Private acts authorizing tenants for life and trustees to support remainders, to sell real estate devised, and convert the same into personal estate, to be held subject to the same provisions and trusts as the land, are numerous, and have always been sustained, though in opposition to the will of the testator ”

“ The landlord, or person letting the estate, is called lessor; and the tenant, or person to whom the land is leased, is called lessee. Leases for a term longer than one year, are usually required to be sealed, and in some states, proved and recorded also, as deeds and mortgages.
§3. These limited interests in land are divided into estates for life, estates for years, estates at will, and estates by sufferance. An estate for life is an estate conveyed to a person for the term of his natural life. Life estates held by lease, however, are not common in this country. ”

“ Estates not of freehold or less than freehold are subdivided into (i.) estates for years (often called estates for a term of years, the instrument creating it being termed a lease or demise, and the estate itself a leasehold interest) ; (ii.) estates at will, that is, where lands or tenements are let by one man to another to have and to hold at the will of the lessor; (iii.) estates at sufferance, where one comes into possession of land under a lawful title, and continues in possession after his title has determined. ”

“ It further provides: 'The term 'real property' as used in this compact includes lands, * * * and interests in land, * * * and any and all things and rights usually included within the said term, and includes not only fees simple and absolute, but also any and all lesser interests, such as easements, rights of way, uses, leases, licenses, and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, including terms of years and liens thereon by way of judgments, mortgages, or otherwise, and also claims for damage to real estate.' N.J.S.A. 32:8-4. ”

“ There are, in addition, those cases that have found a protectable interest in favor of a real-estate broker who has gained a prospective interest in a commission by introducing a buyer to a seller of property. ”

“ A little kindness and condescension on the part of the proprietor, might convert a discontented trespasser, into a useful tenant or purchaser. That this has happened in many instances, I know; which induces me to think, that were the trial made, it would happen in many more. Where large property of this kind, is in the hands of heads of families with several children, one or two of the sons might manage the estate to great advantage, by living on the spot. Agents are expensive, and often unfaithful. But one may confide in his own blood. ”

“ A deed of land is not a chose in action. A writer on the jus mariti, after informing his readers that the husband might dispose of his wife's choses in action, will hardly need to add that this did not include her 'deeds for real estate.'
5th. The transferee of a bond and mortgage is usually termed an assignee, and therefore is within the act. ”

“ I have spoken to my husband, and beg you, in my name and his, to look on this house as your property for as long as ever it pleases you. We generally pass the winter in town, and we have another estate besides which we intend to let an inspector manage. ”

“ At law, if there is an express agreement for the payment of the purchase-money, and the delivery of the conveyance of the land by a particular day, and at a particular place, the parties will be bound by it, and time will be of the essence of the contract. But, in equity, the estate bargained and agreed to be sold becomes the property of the purchaser as soon as the agreement is concluded. It will descend to his heirs at his death, or may be devised by him; while the purchase-money vests in the vendor, and forms a part of his personal estate. ”

“ The grantor in this deed appears to have been at one time the possessor of great wealth; the deed made an exhibit in this case shows that he was the possessor of an unusual extent of property. It is almost certain, too, from the character and situation of the subject of this conveyance, as well as from other circumstances disclosed by the record, that its owner must have been the proprietor of many other constituents of a large estate, both within and without the city and state of his residence. That a man thus situated should necessarily be engaged in a variety of transactions ”

“ Section 47:
'A registered owner of land desiring to transfer his whole estate or interest therein, or some distinct part or parcel thereof, or some undivided interest therein, or to grant out of his estate an estate for life or for a term of not less than ten years, may execute to the intended transferee a deed or instrument of conveyance in any form authorized by law for that purpose. ”

“ But, in general, the law looks upon this estate as equivalent to an estate for life only; and, as such, will permit this tenant to exchange his estate with a tenant for life; which exchange can only be made, as we shall see hereafter, of estates that are equal in their nature.
III. Tenant by the curtesy of England, is where a man marries a woman seised of lands or tenements in fee-simple or fee-tail; that is, of any estate of inheritance; and has by her issue, born alive, which was capable of inheriting her estate. ”

“ It means simply that the grantors shall have removed all burdens which rested upon the property prior to the time of making their deed, and that that deed shall pass the title perfect and unincumbered, but not that the grantee shall take it free from all obligation of payment, or discharged from the lien for the purchase price which rests upon real estate until such price is paid. ”

“ If the estate is for an indefinite period, but is terminable at the wish of either party, no matter what the arrangement for paying the rent, it is an estate at will, as distinguished from an estate for years, and an estate from year to year. ”

“ It is clear, that a fee-simple, and not an estate tail, is devised over, 'to the survivor and his heirs.'
It is highly improbable that the testator intended, in the event of the limitation over taking effect, that the son should hold one-half the estate in fee-simple, and the other in fee-tail.
4. It is 'the share' of him who may die first, that is devised over.
(a.) The term 'share,' in a devise, denotes all one's interest, and will pass a fee. ”

“ A widower, if his wife has borne a living child, is entitled to the use of one-third of her real estate for life, and one-third of her personal property. If there are no heirs, lineal or collateral, he takes the whole estate absolutely. ”

“ No conveyance or encumbrance of or contract to convey or encumber the homestead, if the owner is married, is valid, unless the husband and wife join in the execution of the same joint instrument, whether the homestead is exclusively the subject of the contract or not, but such contracts may be enforced as to real estate other than the homestead at the option of the purchaser or encumbrancer. ”

“ And the first question that would seem to arise is, whether the term estate, as here used, will extend to the interest which the debtor has in lands held adversely. An estate in lands, tenements, and hereditaments, signifies such interest as a person has therein, and is the condition or circumstance in which the owner stands with regard to his property. Coke. sec. 345. a. 2 Black. Com. 103.
The language of the act is broad enough to include a right of entry; and there can be no reason to believe that such was not the intention of the legislature. ”

“ It has control over property within its limits; and the condition of ownership of real estate therein, whether the owner be stranger or citizen, is subjection to its rules concerning the holding, the transfer, liability to obligations, private or public, and the modes of establishing titles thereto. ”

“ There is a second form of property transfer, where the bank not only acts as intermediary but itself holds the estate for a time. Some land dealer, having obtained a mortgage on the estate of A, demands payment. A cannot pay and is forced to sell his estate by public auction. The dealer forces the sale, just when the estate market is likely to be most unfavourable, hoping to buy the estate for himself at an absurdly low rate. ”

“ From what I have hitherto said, it is evident that in many cases the valuing of an estate presents to the mind an extremely complicated problem, and there are so many exceptions and limitations, and so many points of doubtful nature—the question of the age, for instance, at which the coffee tree declines—that I cannot attempt to do more than indicate those to which the valuator should turn his attention. There are, however, points on which I can express a more decided opinion—the shade on an estate, its kind, or kinds, and regulation. ”

“ Fearne to the effect that a trust or use created by deed will often be held to create an estate in the heirs named which cannot be cut off by the act of the tenant for life, when the same offect would not be given to an estate created by like language in a devise. ”

“ Few things have been the subject of more difference of opinion and conflict of decision than the nature and extent of the right of a mortgagee of real estate against a subsequent grantee, who by the terms of the conveyance to him agrees to assume and pay the mortgage. ”

“ The principle deducible from these authorities seems to be, that, whatever may be the form or nature of the conveyance used to pass real property, if the grantor sets forth on the face of the instrument, by way of recital or averment, that he is seized or possessed of a particular estate in the premises, and which estate the deed purports to convey ”

“ Signing a Writing, and depositing an Earnest, or part of the Money, gives a Man a Right to the Estate he has thus purchased, and he may fairly be said to have bought the Estate, but he must have the Deeds fairly executed, sign'd, seal'd and delivered, and Livery and Seisin given in Form, before he can receive the Rents, and before he can take Possession of the Land, or the Tenants own him for their Landlord. ”

“ The estate or interest of the judgment debtor in any real estate shall not be sold on execution until the rents and profits thereof, for a term not exceeding seven years, shall have been first offered for sale at public auction ”

“ The sale and purchase of real estate in large towns is always effected through house-brokers, but fields change hands very commonly by direct communication between the parties interested. The legal rate of commission to the broker is one per cent of the purchase price of the house, and is paid by the seller. ”